Q: Do I need to file a separate I-130 for my stepson if I included him on my wife's I-130? and do I have to pay the $535.
I am a US. Citizen and also a US Soldier and I filed both the I-130 and I-485 concurrently for my wife, she now has her green card. Our 9 year old son just got here to the US and I want to file for him as well. I need to know if its better to submit a separate I-130 and I-485 for him and pay the extra money or do I submit his mothers I-797 showing her status as a resident? and also if I already filed for his mother, do I pay the $750 or do I need to pay the $1140 for the I-485. The website say's if submitting with at least on parent, but I wasn't sure if that meant at the time of filing or if it meant at anything since he is a derivative beneficiary.
A:
These questions and a slew of other questions await us. Your stepson must be petitioned, separately. The process and applications have grown more cumbersome in the last year.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications.
The above is general information, not legal advice, and does not create an attorney client relationship.
Amanda B Cook agrees with this answer
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