Question: I'm a foreign national living in the United States. I got married to a US citizen, my wife will be filing for my green card in a few weeks. Can we include my 11 year-old daughter who is outside the US from the beginning of the process?
Answer: Yes, your spouse can file a I-130 petition for your minor child living abroad.
However, your child will not be included into your petition. In this visa category, she requires a separate petition. Her immigration process will be different from yours because she will be applying for an Immigrant visa at the US consulate in her home country when the petition is approved, while you will be applying for a green card through adjustment of status, which requires more than one I-130 petition. Your wife's petition is only one of the applications you will be submitting as a part of your adjustment of status application package (I-130 plus I-485, etc etc).
To contact an attorney, please email us to schedule a consultation.
Answer: Yes, your spouse can file a I-130 petition for your minor child living abroad.
However, your child will not be included into your petition. In this visa category, she requires a separate petition. Her immigration process will be different from yours because she will be applying for an Immigrant visa at the US consulate in her home country when the petition is approved, while you will be applying for a green card through adjustment of status, which requires more than one I-130 petition. Your wife's petition is only one of the applications you will be submitting as a part of your adjustment of status application package (I-130 plus I-485, etc etc).
To contact an attorney, please email us to schedule a consultation.
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