Q: US Resident I-130 petition for my wife and child
Do I need to file a separate petition one for my wife and one for my 2 year old daughter? Or can my daughter be listed on my wife's I-130 as a derivative beneficiary?
A: Assuming when you say that you are a "U.S. Resident" you mean U.S. Legal Permanent Resident, then yes, only one petition needs to be filed for your wife, to which your child can be attached as a derivative beneficiary. You can, however, in the abundance of caution file separate petitions. If, God forbid, your spouse passed away during adjudication of the case (or if you divorce, but still intend for the child to immigrate), having filed a "backup" petition for the child could result in you not having wasted time regarding getting the child here. But yes, you can file a single petition for your wife on which your child is a derivative. Consult with a competent immigration attorney who can perhaps discuss matters further.
Carl Shusterman agrees with this answer
A: Your daughter can be listed on your I-130 for your wife if you are a permanent resident, but not if you are a US citizen.
Cheryl Fletcher agrees with this answer
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