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IsabelleFredrick

I130 or IR2 - How to bring <21 kids to US when Im a US citizen

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Filed: K-1 Visa Country: South Africa
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Hi everyone,

I'll apply for US citizenship in 2 years time. How do I go about bringing my kids over once I am a citizen? I've seen there's a I130 and a IR2 visa.. 

It looks like the IR2 visa requires me to live with my children overseas for 2 years prior to applying??? That is crazy considering I have 3 kids, 5 years between  youngest and oldest.

they legally can only choose to live with me once they turn 18. (In south africa)

If I can get them at age 18 to choose to live with me, how would I go about getting each one over? 

Edited by IsabelleFredrick
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You can file for them now if you have a green card, why are you waiting? How old are they now? Is the other parent refusing to allow them to leave?

 

(The two year requirement is for adopted children.)

 

Anyway if you wait to become a citizen IR2 is appropriate for any unmarried child under 21.

 

 

Edited by SusieQQQ
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22 minutes ago, IsabelleFredrick said:

I've seen there's a I130 and a IR2 visa..

There is no such thing as I-130 visa. I-130 is the petition.

 

You can file now and the cases are F2A category (for unmarried child of Permanent Resident) and then after you naturalize upgrade the cases to IR-2 category (for unmarried child of US citizen): https://www.nolo.com/legal-encyclopedia/sample-letter-citizenship-your-family-are-now-immediate-relatives.html

Edited by HRQX
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Filed: Country: Vietnam (no flag)
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28 minutes ago, IsabelleFredrick said:

Hi everyone,

I'll apply for US citizenship in 2 years time. How do I go about bringing my kids over once I am a citizen? I've seen there's a I130 and a IR2 visa.. 

It looks like the IR2 visa requires me to live with my children overseas for 2 years prior to applying??? That is crazy considering I have 3 kids, 5 years between  youngest and oldest.

they legally can only choose to live with me once they turn 18. (In south africa)

If I can get them at age 18 to choose to live with me, how would I go about getting each one over? 

When a US citizen files an I-130 PETITION for an unmarried child under age 21, the end result is an IR2 visa.  It's not an I-130 visa or IR2 visa.  

 

The 2 years living with your child in your legal custody only applies to ADOPTED CHILDREN.  It does not apply to your biological children.

 

Is there a custody problem and you can't get them until they are 18?

 

What are the ages of your children?

 

Do you know that your US citizen husband (the children's stepfather) can file I-130 petitions for them since he married you before the children's 18th birthdays?

As a green card holder, you can file separate I-130 for your children in the F2a category. 

Edited by aaron2020
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What happened to the follow-to-join process you started? That would have been the easiest way. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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