spousal visa with children

[freedavid 0]

I am recently married to a filipino woman who has 2 kids. I am looking at the visa's and am not sure which one to use. I wont to bring all three of them to the USA at the same time, Im just not sure which visa i should use. K3, IR 1, CR 1, DCF.

Any help or advice will be much appreciated.

David

[Shauneg 762]

Seems like marriage is less than two years so......

Cr1 her

cr2 children

Over two years

IR-1

IR-2

[cl4677 3]

Because you're married, your wife will enter on a CR-1 visa (Form I-130). Depending on the ages of the children, according to the I-130 instructions, if they're unmarried and under 21 years old, you don't need separate petitions for them. Just include them on the second page of your wife's I-130 petition.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

K3 visas are obsolete due to processing times. IR-1visa is for people married more than two years. CR-1 is for people married less than two years. Direct Consular Filing is available under certain conditions when you're both living outside the USA, but it seems like you're in the USA and she is not.

*I'm still kind of new here, so maybe someone else wants to confirm this?

[Shauneg 762]

Because you're married, your wife will enter on a CR-1 visa (Form I-130). Depending on the ages of the children, according to the I-130 instructions, if they're unmarried and under 21 years old, you don't need separate petitions for them. Just include them on the second page of your wife's I-130 petition.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

K3 visas are obsolete due to processing times. IR-1visa is for people married more than two years. CR-1 is for people married less than two years. Direct Consular Filing is available under certain conditions when you're both living outside the USA, but it seems like you're in the USA and she is not.

*I'm still kind of new here, so maybe someone else wants to confirm this?

You're right...

[aaron2020 11,651]

Because you're married, your wife will enter on a CR-1 visa (Form I-130). Depending on the ages of the children, according to the I-130 instructions, if they're unmarried and under 21 years old, you don't need separate petitions for them. Just include them on the second page of your wife's I-130 petition. Incorrect. The USC must file separately for the children under age 18 when he married. He can not file for children older than 18 when he married mom. Derivative beneficiaries are not allowed when a USC petitions a wife for a CR-1 visa.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

K3 visas are obsolete due to processing times. IR-1visa is for people married more than two years. CR-1 is for people married less than two years. Direct Consular Filing is available under certain conditions when you're both living outside the USA, but it seems like you're in the USA and she is not.

*I'm still kind of new here, so maybe someone else wants to confirm this?

Edited September 4, 2015 by aaron2020

[aaron2020 11,651]

I am recently married to a filipino woman who has 2 kids. I am looking at the visa's and am not sure which one to use. I wont to bring all three of them to the USA at the same time, Im just not sure which visa i should use. K3, IR 1, CR 1, DCF.

Any help or advice will be much appreciated.

David

Hi,

Read the Guides. They are pretty good.

You will need to file the I-130 for your wife. If they kids were under age 18 when you married, you can need to file separate I-130s for them. If the kids were over age 18 when you married, there is nothing you can do to bring them to the US.

Best of luck