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Filing AOS for Wife and Her Dependent Concurrently

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  • 02-27-2010, 11:37 AM
    The Architect
    Filing AOS for Wife and Her Dependent Concurrently
    I am a US Citizen and currently in the process of submitting AOS (I-485, I-130, I-131, G-325A, I-765, I-864 & I-693) for my wife who is a Brazilian Citizen.

    I'm also concurrently filing AOS for her 10 year old daughter. In addition to the Dependent I-485, I-131, I-693, Do I also file a separate I-130?

    If I DO have to file the separate I-130, does my wife become the PETITIONER and her dependent, the BENEFICIARY? And if so, what do I indicate on Section B, Line 13 or 14 wherein it is asked "If you are a US Citizen" or "If you are a lawful permanent resident alien" since my wife's AOS will be pending at the time.

    Thank you.
  • 03-01-2010, 09:11 AM
    Mr. Knowitall
    Re: Filing AOS for Wife and Her Dependent Concurrently
    The minor requires a separate I-130.

    Your wife isn't a LPR, so she can't presently petition for them. Being in the process of adjusting your status doesn't make one a LPR.

    I'm assuming at this point that you're all in the U.S., with her and the kids on some sort of visa.
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