Form I 130 for Spode and children

[Stehar 0]

Hello , I have a question for the form I 130 for my spouse. I read that I have to file a form for each individual child, but there is no specific answer for if one of the children is already a US citizen. Would I have to file separate forms for all the children?

[Crazy Cat 41,981]

US citizens don't immigrate to their own country.  There is no reason to file an I-130 for a child who is a US citizen.  If the petitioner is a US citizen, then an I-130 must be filed for each immediate relative (child) who is NOT a US citizen. 

Edited October 17, 2021 by Crazy Cat

[Stehar 0]

Thanks for your response I was thinking the same, it’s just because it say every child that you are immigrating with parent made me have doubts.

[JFH 12,190]

US citizens do not need an I-130 as they are not immigrating. They are returning. All the need to return to the US is a US passport. 
 

However, any form that asks how many children you have or asks you to list all of your children must include  ALL children, both US citizens and immigrating children alike. 

4 hours ago, Stehar said:

Thanks for your response I was thinking the same, it’s just because it say every child that you are immigrating with parent made me have doubts.

“Immigrating with” is not the same as “traveling with”. 

Edited October 17, 2021 by JFH

[Stehar 0]

Thanks JFH for your response too , see like that I understand better.

[pushbrk 12,975]

A child who is already a US Citizen is "your child".  Are the other children who are immigrating actually "step children".  Words mean things.  It's important to chose the right words when describing your circumstances and applying rules and/or instructions.

[Demise 1,296]

12 hours ago, Stehar said:

Hello , I have a question for the form I 130 for my spouse. I read that I have to file a form for each individual child, but there is no specific answer for if one of the children is already a US citizen. Would I have to file separate forms for all the children?

IR category does not allow derivatives, so you'd need a separate I-130 for your spouse and each (step)child. If the (step)child is already a US Citizen then you don't file I-130 for them, they can just get their passport and get onto the first plane to US.

[Stehar 0]

Thank you everybody for your help all of your responses have made things clear for me