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family based I-130 question

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Mrowka

Member
What is the name of your state? CT

My friend's neighbor asked me for help. Here is her situation:

She is a US citizen and a couple years ago she filed I-130 for her married daughter. The visa number for her daughter is still a few years away, but the problem is that her daughter's husband and children were not included in the petition. Can the petition be amended now to include them or do they have to wait till the daughter becomes a resident and sponsors them herself? The problem with the second option is that her kids will turn 18 this year, so they don't have much time.

Also, when the visa becomes available and the daughter files I-485, will her kids' ages be "frozen" so they don't age out of eligibility to immigrate with their mother before the AOS is processed?
 


ImmigAttyLana

Senior Member
The husband and children will be included and eligible for the visa once the I-130 is approved and the visa priority date becomes current. The daughter's age will be "frozen" once the visa number is available.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

Mrowka

Member
I assume that beneficiary's husband and kids will not be included automatically once the visa becomes available. What is the procedure? Will it be enough to list them on I-485 when the time comes to file it? Should any other form be included with the AOS application?
 

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