Filed I-130 for Sister. But while waiting, she had kids, who were never added to the Petition before it got Approved.

Question

We are in the US, My Naturalized US Citizen wife filed I-130 petitions individually for her two Sisters to come to USA from the Philippines. It took 20 years, but they both just got Approved.  But during the 20 years, one Sisters had children, and the other got married and had children. These dependents were never added to the petition before it got Approved. Can they be added now? What do we do? They have not yet done their Affidavit of Support or applied for their visas in Philippines, which is their next step normally. 
   Also, do we need to pay now the $120 Affidavit fee and $325 Processing fee for every person, or just the two Sisters? Thank you

Carlo Franco L. Borja · Answer

The spouse and children can be included in the immigrant visa application. Visa processing fee will be paid for every applicant. Contact directly and in private as this is a public forum. Salamat po.

James L. Arrasmith · Answer

When an I-130 petition is approved, it only covers the individuals listed on the original petition. Since your sisters' children were not included before the approval, they are not automatically covered under the approved petition. However, there may be options depending on their ages and marital status. For example, if the children were born before the petition's approval and are under 21 and unmarried, they might qualify under the Child Status Protection Act (CSPA). 
 
For the next steps, you should contact the National Visa Center (NVC) to inquire about adding these dependents. This might involve additional paperwork and possibly filing new petitions depending on the circumstances. 
 
Regarding fees, generally, the Affidavit of Support and visa processing fees are required for each individual applying for a visa. This means you would likely need to pay for your sisters and any eligible dependents added to the process.

Q: Filed I-130 for Sister. But while waiting, she had kids, who were never added to the Petition before it got Approved.