How bring my child with me, I'm currently awaiting interview

[yessir2020 1]

Good night, I'm currently awaiting my interview for CR-1 at the embassy in my country. I was documentary qualified in January 2021, Covid 19 is just slowing the process of getting an interview.

 

I was wondering how can I bring my 9 month old child with me. After research I found a few terms such as follow-to-join, derivative and dependent. My child is only 9 months, I have her passport/birth certificate etc. Would be good if she can be added to my petition or is it too late?

 

I'm in consultation with my lawyer but want some opinions from the folks on this board to see if anyone has ever been in a situation like this.

 

Thanks in advance

[SusieQQQ 11,587]

If you are CR1 unfortunately there are no derivatives allowed on that visa, so you cannot bring him any of the ways you mention above. However your spouse can file for a CR2 petition for the baby. You may want to delay your interview so you can both get visas together.
(I am assuming that your USC spouse was not able to pass on US citizenship to the child or this wouldn’t be a question?)

 

 

Edited March 18, 2021 by SusieQQQ

[Boiler 46,122]

Most children in this situation are US Citizens so they enter in a US Passport.

[yessir2020 1]

7 minutes ago, SusieQQQ said:

If you are CR1 unfortunately there are no derivatives allowed on that visa, so you cannot bring him any of the ways you mention above. However your spouse can file for a CR2 petition for the baby. You may want to delay your interview so you can both get visas together.
(I am assuming that your USC spouse was not able to pass on US citizenship to the child or this wouldn’t be a question?)

 

 

My US spouse is not the mother of the child, the child was born before we got married last year. But she wants the child to immigrate with me. It would be good for my child to get a visa the same time as I would

[HRQX 4,145]

6 minutes ago, yessir2020 said:

It would be good for my child to get a visa the same time as I would

Then delay your CR-1 case until your child's CR-2 case catches up. To start the CR-2 process your US spouse must file a new I-130 for the child.

 

(The preceding info is assuming your spouse is US citizen because you said CR-1 visa. But you posted in "family of PR section." Can you confirm to us that your spouse is a US citizen?)

Edited March 18, 2021 by HRQX

[yessir2020 1]

1 minute ago, HRQX said:

Then delay your CR-1 case until your child's CR-2 case catches up. To start the CR-2 process your US spouse must file a new I-130 for the child.

thanks for the information, I will try and start the process asap

[Boiler 46,122]

I can see that raising a few questions at the interview, unusual to take a baby away from the mother.

[SusieQQQ 11,587]

9 minutes ago, yessir2020 said:

My US spouse is not the mother of the child, the child was born before we got married last year. But she wants the child to immigrate with me. It would be good for my child to get a visa the same time as I would

Then CR2 for stepchild.
 

Depending on country you will need some form of permission from the biological parent to get the visa. I would suggest formal legal sole or joint custody as it reduces complications when the child derives citizenship from you (assuming you will naturalize) in the future. 

Edited March 18, 2021 by SusieQQQ

[yessir2020 1]

5 minutes ago, HRQX said:

Then delay your CR-1 case until your child's CR-2 case catches up. To start the CR-2 process your US spouse must file a new I-130 for the child.

 

(The preceding info is assuming your spouse is US citizen because you said CR-1 visa. But you posted in "family of PR section." Can you confirm to us that your spouse is a US citizen?)

Yes my Wife is a US citizen

[yessir2020 1]

4 minutes ago, Boiler said:

I can see that raising a few questions at the interview, unusual to take a baby away from the mother.

the biological mother is okay with the situation.

[yessir2020 1]

4 minutes ago, SusieQQQ said:

Then CR2 for stepchild. Depending on country you will need some form of permission from the biological parent to get the visa.

Okay yes that's true. The mother is willing to give permission. Thanks for the information.

[SusieQQQ 11,587]

1 minute ago, yessir2020 said:

Okay yes that's true. The mother is willing to give permission. Thanks for the information.

Not sure if you saw my edit, it will be much easier down the line if you have at least legal joint custody too. 

[yessir2020 1]

Just now, SusieQQQ said:

Not sure if you saw my edit, it will be much easier down the line if you have at least legal joint custody too. 

oh just seeing this, we didn't involve the court so far regarding the child. That would probably bring more complications and things are going good with the current arrangement.

[payxibka 10,047]

Married,  petition approved and DQd in less than nine months?  

[Ryan H 3,834]

Moved from Bringing Family Members of Permanent Residents to America forum to Bringing Family Members of US Citizens to America forum.