IR 2

[cyberlex 0]

I am a US citizen petitioning my   wife and my  minor child.I already have an approved  petition for my wife and one of  my 2 children. We are just waiting for the interview date. Question is : do i have to file a separate I 130 for my daughter  although I included her name  on the  form I 130 to leave together with her mother.

[aaron2020 11,651]

Yes, you have to file a separate I-130 for your daughter.  When a US citizen petitions for a spouse, only the spouse can get a visa since derivative beneficiaries are not allowed.

 

Listing your daughter on the I-130 does not include her in the petition.  It's merely biographical information relating to your wife.

 

Get going and file the I-130 for your daughter.  Include the case information about your wife and request an expedite.  

Be prepared for your wife to immigrate without your daughter.  Once she gets her green card, she can return home to care for your daughter.  Alternatively, you can delay your wife's interview.