Stepchildren using CR-1

[Mintosman 11]

I am recently married and am filing my CR1 (online) soon. In filling out the application it asks for the beneficiary's children. She has 3 kids, one of which is over 18 and is in University. Obviously we are not including that child in our application. How do we specify which children are included (and qualify)? There is a section to add "additional relatives". Is this where I add the 2 qualifying children? 

Thanks for you help in advance.

[Liam2021 587]

You can put the child information on I-130,but the child will not qualify for derivative since it's CR1 visa. Each child will need their own I-130.

Edited December 20, 2019 by H&T

[USS_Voyager 1,972]

15 minutes ago, Mintosman said:

How do we specify which children are included (and qualify)?

Since this is CR1, no child is included. You have to file a separate I-130 for each step child. Did you marry the mother before the child turn 18? That is one of the requirements. 

[Mintosman 11]

2 of the children are under 18. 14 & 9. So do I pay for each I-130 (1 spouse and 2 kids)? Does K-3 still exist and can it handle derivatives?

[USS_Voyager 1,972]

26 minutes ago, Mintosman said:

Does K-3 still exist and can it handle derivatives?

K-3 is dead. 

[Boiler 46,322]

We went through K3 in a previous thread, did she get a Tourist Visa?

[Mintosman 11]

(Removed). No she didn't.

 

So I have to pay for three I-130's. Do they have to run concurrently? Her kids are in boarding school so they don't necessarily need to come at the exact same time.

 

 

Edited December 20, 2019 by Unlockable
Foul language

[Boiler 46,322]

Well the process is over a year and then 6 months from the medical to use the visa so probably not much point spacing them out.

[Mintosman 11]

I saw 11-13 months for the CR1. are you saying now that my wife and stepkids won't be here for 18+ months?

 

Misread your reply. 6 months FROM medical. Thank you!

 

Edited December 20, 2019 by Mintosman
misread

[Boiler 46,322]

Huh, I never said that, 11 months would be quick, I was looking at averages. YMMV

[Mintosman 11]

What are the averages right now? I try and following the timelines but I don't understand the graphs.

[Boiler 46,322]

You are guessing assuming that things remain the same, 12 to 15 months? Now of course what you are really interested in is how long your particular case will take and that is not something anybody can tell you. So my guess is you have filed recently is you are looking at early 2021.

[Mintosman 11]

Hoping to file Jan. 20. So early 2021 is expected. Sooner would be best but at least I know now I need 3 applications.

 

 

[Boiler 46,322]

As far as the plus 18 is concerned remember it takes a lot longer once they are plus 21.

[USS_Voyager 1,972]

1 hour ago, Mintosman said:

Hoping to file Jan. 20. So early 2021 is expected. Sooner would be best but at least I know now I need 3 applications.

I am mildly concerned that you didn't answer if you married the mother before the "now 18 plus" turned 18 because if you didn't, he is not considered your stepchild and you can't petition him at all. 

 

As Boiler pointed out as well, you don't have a lot of time before that kid turns 21 and it will take a LOT longer to get him here.