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ThePeck

Derivative Beneficiaries on I-130 Question

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Okay my foreign spouse has 2 children, neither are biologically mine and not adopted, just stepchildren.

 

They are considered derivative beneficiaries correct? Unmarried and under 21 years old. They are 6 and 12 years old.

 

The instructions say to put them in Part 4 of the form. I assume I put them under "Information About Beneficiary's Family". Does putting them under that section indicate they are derivative beneficiary's and that they will or I want them to be included on this I-130 application? I thought there would be a box to check indicating them that.

 

Also a side question, under this same section of Part 4 would I put myself under this? Since I'm their spouse? As it says, "Provide information about the beneficiary's spouse and children.

 

Another question I guess I'll add here since I don't want to open separate threads: Under Part 4 it has a section about the beneficiary's name and address native language is not in roman letters. This is Cambodia and the can use either, it's written in both. Do I have to provide that? This is only due to the difficulty in obtaining an address and then translating it from English to Khmer. Her name I can do but all government documentation usually has both i.e. passport, ID. Not saying that I can't do it but the Khmer and English translations may be different.

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7 minutes ago, ThePeck said:

They are considered derivative beneficiaries correct? Unmarried and under 21 years old. They are 6 and 12 years old

No, you have to file for them separately. Each I-130 for each of them, with separate filing fees. So three total, one for the wife, one for each of the kids. 

 

13 minutes ago, ThePeck said:

The instructions say to put them in Part 4 of the form. I assume I put them under "Information About Beneficiary's Family". Does putting them under that section indicate they are derivative beneficiary's and that they will or I want them to be included on this I-130 application? I thought there would be a box to check indicating them that.

 

You have to put them in Part 4, but that's just information. See above, you have to file separately for them. 

 

14 minutes ago, ThePeck said:

Also a side question, under this same section of Part 4 would I put myself under this? Since I'm their spouse? As it says, "Provide information about the beneficiary's spouse and children.

Yes. Also if she has any previous spouses, include there too, as well as what happened to them (divorced, dead, ... )

 

16 minutes ago, ThePeck said:

Another question I guess I'll add here since I don't want to open separate threads: Under Part 4 it has a section about the beneficiary's name and address native language is not in roman letters. This is Cambodia and the can use either, it's written in both. Do I have to provide that?

Yes

 

16 minutes ago, ThePeck said:

This is only due to the difficulty in obtaining an address and then translating it from English to Khmer

Can she write her address in Khmer and you copy it or something.

 

17 minutes ago, ThePeck said:

Her name I can do but all government documentation usually has both i.e. passport, ID. Not saying that I can't do it but the Khmer and English translations may be different.

Any supporting documents you submit with the I-130 if not in English has to be translated to English (birth certificates, marriage certificate,.... )

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Just to be clear there are no "derivative" beneficiaries in an immediate relative case for a US Citizen.  

 

Documents already in both languages, do not need translation.

 

The easiest way to get non-Roman Alphabet characters in the form is to have the foreigner type them in an email, they you paste them into the form.  Make sure you know what to paste into which field of the form.


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Just to clarify, I think I know why now. *I had quoted lots of stuff but took it out since it wouldn't do anything lol*

 

So a "Immediate Relative" is someone who bypasses the wait for a visa number, which would include the children. 

 

The I-130 instructions don't mention that. The first part (1) says yes you have to submit one for each person then below (Note: #4) that it says you don't have to if the qualify under 1.C, 1.D or 1.E. I guess Note #6 on the next sheet is what says no, since me, the person filing out the form isn't applying for an immigrant visa then the children can't be derivative beneficiary's.

 

But the I-130 assumes I'm a citizen or permanent resident.

 

So the above is just rambling. Just shows my confusion about this.

 

For my information, who could be derivative beneficiary? What situation would allow for it? Also a question would be, since I have to do separate I-130 for each, how do they make sure they are grouped into the same interview, visa approval etc. Like could the children get approved but my wife doesn't. This could be a non-issue but not sure how it would work. I guess they would go off of Part 5 (Relative 1 & 2).

 

Since it would be a problem if one of both children get approved then have to resubmit my wife. Which probably I'd have to get the children over her before their mother.

 

Regarding the address in the native alphabet, I'm still trying to track it down.

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Posted (edited)
15 minutes ago, ThePeck said:

Just to clarify, I think I know why now. *I had quoted lots of stuff but took it out since it wouldn't do anything lol*

 

So a "Immediate Relative" is someone who bypasses the wait for a visa number, which would include the children. 

 

The I-130 instructions don't mention that. The first part (1) says yes you have to submit one for each person then below (Note: #4) that it says you don't have to if the qualify under 1.C, 1.D or 1.E. I guess Note #6 on the next sheet is what says no, since me, the person filing out the form isn't applying for an immigrant visa then the children can't be derivative beneficiary's.

 

But the I-130 assumes I'm a citizen or permanent resident.

 

So the above is just rambling. Just shows my confusion about this.

 

For my information, who could be derivative beneficiary? What situation would allow for it? Also a question would be, since I have to do separate I-130 for each, how do they make sure they are grouped into the same interview, visa approval etc. Like could the children get approved but my wife doesn't. This could be a non-issue but not sure how it would work. I guess they would go off of Part 5 (Relative 1 & 2).

 

Since it would be a problem if one of both children get approved then have to resubmit my wife. Which probably I'd have to get the children over her before their mother.

 

Regarding the address in the native alphabet, I'm still trying to track it down.

An Immediate Relative is the spouse, parent, or unmarried child under age 21 of a US citizen.  Unmarried child under age 21 includes stepchildren if the marriage occurred before their 18th birthdays.  There are unlimited visas available to them, so they are not subject to the numerical limits of the family based categories.  Meaning, they don't have to wait for a current Priority Date for an available visa number.

 

Immigration is more than just the I-130 instructions.  The I-130 instruction is not all inclusive of everything about bringing family to the US.  The I-130 is used for many different cases, so not everything pertains to you but you still have to provide the information.

 

To file an I-130, the petitioner needs to be a US citizen or a permanent resident. 

 

Derivative beneficiaries are not allowed in Immediate Relative cases, so no one is a derivative beneficiary.  Derivative beneficiaries are only allowed in the family based categories.  

Edited by aaron2020

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7 minutes ago, aaron2020 said:

...

Derivative beneficiaries are not allowed in Immediate Relative cases, so no one is a derivative beneficiary.  Derivative beneficiaries are only allowed in the family based categories.  

That's what I finally figured when I found the definition of derivative beneficiary on a family based visa FAQ.

 

I just assumed, previously, that it was mainly meant for children (minor) to be included on the parents immigration visa application. 

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On 3/20/2019 at 11:47 AM, USS_Voyager said:

Yes. Also if she has any previous spouses, include there too, as well as what happened to them (divorced, dead, ... )

Are the previous spouses considered family by USCIS after a divorce? 

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6 minutes ago, ViktorS said:

Are the previous spouses considered family by USCIS after a divorce? 

No 

 

1 minute ago, aaron2020 said:

His wife has to disclose all marriages and when prior marriages were legally terminated.  This is the purpose of the question.  

What he said 

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4 hours ago, aaron2020 said:

No.  


His wife has to disclose all marriages and when prior marriages were legally terminated.  This is the purpose of the question.  

Oh, you did you mean Name of Beneficiary Spouses section (21-24)? I was thinking of Information About Beneficiart's Family (25-44)

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