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- Okay Dee asks, or says that
I've filed for my husband,
and I'm a green card holder.
Will his five-year-old daughter qualify
for derivative beneficiary.
Well, with children you're gonna
have to file a separate petition.
You're gonna file a separate
I130 and all the same documents
that you filed for your husband,
but you can petition for the child.
Now I'll forewarn you that
when you're a green card holder
and you petition for a
spouse or a step-child,
you're looking at extended period of time;
whereas a regular CR1
spousal visa takes months,
eight to ten months
somewhere around there,
you could be looking at
maybe a couple of years
petitioning for them
as a green card holder.
So, I'm not sure if you're
eligible to naturalize
or become a US citizen or not,
but if that's comin up
soon, you may look at that
and that would cut your
time down quite a bit,
but to answer your question about qualify,
the child would qualify
you just need to file
a separate petition just
as you did with the spouse
and you'd probably want
to file those together.
Now, on a spousal visa you
also have to pay the same fees,
the USCS filing fees, the
National Visa Center fees,
medical exam fees, everything,
so it's two complete,
separate packages on that.
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