MY HUSBAND'S SON IMMIGRATION PROCESS.

[Vbreezy 19]

Dear Visajourney family,

 

Kindly advise us in respect to my husband's son listed on his immigrant application as a child immigrating to the U.S at a later date to join him.

 

Thank you. 

[RO_AH 1,659]

I think you will need to provide a lot more details. Are you the USC? Is he? Does the child have 1 parent that is USC?

[Vbreezy 19]

I'm a U.S Citizen and my husband is a U.S lawful permanent resident.

 

The child is my step son (husband's son).

 

Thank you.

[Boiler 45,743]

So one of you has petitioned him?

[SteveInBostonI130 3,471]

1 hour ago, Vbreezy said:

Dear Visajourney family,

 

Kindly advise us in respect to my husband's son listed on his immigrant application as a child immigrating to the U.S at a later date to join him.

 

Thank you. 

 

There are no derivatives for a CR1 visa.  The son would need a separate CR2/IR2 petition - a separate I-130 approved just for the son.

 

[arken 4,197]

1 hour ago, Vbreezy said:

I'm a U.S Citizen and my husband is a U.S lawful permanent resident.

 

The child is my step son (husband's son).

 

Thank you.

So what's your question?

 

Is it about whether you or you husband can petition for the child?

[SteveInBostonI130 3,471]

I think the OP is confusing the CR1 with a K1.  A K1 allows K2 derivatives, and they can follow-to-join within 1 year of the K1 fiance travelling to the US, if I recall correctly.

 

This does not apply to CR1/IR1.  All immediate relative visas require separate petitions.

[Vbreezy 19]

My husband was asked on his online immigrant visa and alien registration application (DS-260) if he's (son) migrating to the U.S with him then or a later date to join him. 

[SusieQQQ 11,587]

37 minutes ago, Vbreezy said:

My husband was asked on his online immigrant visa and alien registration application (DS-260) if he's (son) migrating to the U.S with him then or a later date to join him. 

Answering yes to that question doesn’t create a petition for the son. If you are a citizen and sponsored your husband under CR1 or IR1, then there needs to be a separate petition filed for the child. This can be either you filing an IR2 petition for your stepchild  (assuming child is under 21) or your husband filing F2A; it would be preferable for a number of reasons for you to file IR2, including priority of such petitions, no quotas and no risk of aging out once filed.

[SteveInBostonI130 3,471]

9 hours ago, Vbreezy said:

My husband was asked on his online immigrant visa and alien registration application (DS-260) if he's (son) migrating to the U.S with him then or a later date to join him. 

 

Looking at your previous posts it seems your husband was DQ'd in Dec 2020?  If you asked this back then then a petition for the son could have been started and more than likely be approved by now.

 

Regardless, a new I-130 has to be filed for the son and there will be a similar timeframe for the process - about 2-3 years.

[JeanneAdil 6,583]

and if a minor,  permission from mother to immigrate to US like court documents 

[Vbreezy 19]

Dear Visajourney family,

 

I'm an American Citizen, after the approval of my husband's I-130.

 

My step son was stated on my husband's DS-260 (online immigrant visa and alien registration application) that he'll be immigrating to the USA at a later date to join us.

 

Do we need to file a I-824 or I-130 for the continuation of his immigration process / visa journey.

 

Kindly advise us.

[Crazy Cat 41,985]

I-130.  The step-son cannot be a derivative of your husband's case.   Either you or your husband will have to file an I-130 to start the process (assuming an I-130 was never filed for the step-son)..

Edited April 23, 2023 by Crazy Cat

[Ontarkie 14,313]

~~Related threads merged. Please do not start a new thread for the same topic.~~

[Vbreezy 19]

On 4/23/2023 at 12:20 PM, Crazy Cat said:

I-130.  The step-son cannot be a derivative of your husband's case.   Either you or your husband will have to file an I-130 to start the process (assuming an I-130 was never filed for the step-son)..

Thank you.