Spouses, Children, and Applicant Status: Sponsors, Beneficiaries, and Derivatives

01

Three Roles

In the I-130 process, the citizen, lawful permanent resident, or U.S. national who files the petition is called the petitioner, and the relative for whom the petition is filed is called the beneficiary. Filing or approval of Form I-130 does not, by itself, grant the relative any immigration status.

A derivative applicant is a spouse or child who qualifies along with the principal applicant and does not need a separate Form I-130 filed on their behalf.

02

Preference Categories: Spouses and Children May Accompany the Principal Applicant

USCIS explains that the spouse or unmarried child under age 21 of a principal applicant in a family preference category may apply for a green card as a derivative applicant. For example, the spouse and minor children of a sibling in the F4 category may wait in line along with that principal applicant, but must meet the requirements for derivative eligibility.

03

Immediate Relatives: Each Must Apply Independently

USCIS makes clear: If you are the spouse or child of an immediate relative of a U.S. citizen, you must independently qualify and submit your own application; you cannot become a derivative beneficiary based on the immediate relative’s application. For example, when a citizen petitions for a parent, that parent’s other children cannot accompany the parent on that basis.

The I-130 page also notes that a separate Form I-130 must be filed for each eligible relative unless the relative can be considered a derivative beneficiary.