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Vbreezy

MY HUSBAND'S SON IMMIGRATION PROCESS.

By Vbreezy in Bringing Family Members of Permanent Residents to America

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Vbreezy Explorer

Vbreezy   19

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Filed: IR-1/CR-1 Visa Country: Nigeria
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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. 

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Boiler Grand Master

Boiler   45,486

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Filed: K-1 Visa Country: Wales
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So one of you has petitioned him?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SteveInBostonI130 Experienced

SteveInBostonI130   3,434

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Filed: IR-1/CR-1 Visa Country: Ukraine
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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.

 

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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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?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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SteveInBostonI130 Experienced

SteveInBostonI130   3,434

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Filed: IR-1/CR-1 Visa Country: Ukraine
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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.

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Vbreezy Explorer

Vbreezy   19

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Filed: IR-1/CR-1 Visa Country: Nigeria
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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. 

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SusieQQQ Grand Master

SusieQQQ   11,586

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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.

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SteveInBostonI130 Experienced

SteveInBostonI130   3,434

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Filed: IR-1/CR-1 Visa Country: Ukraine
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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.

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Vbreezy Explorer

Vbreezy   19

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Filed: IR-1/CR-1 Visa Country: Nigeria
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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.

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Crazy Cat Grand Master

Crazy Cat   41,845

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Posted (edited)

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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Ontarkie Grand Master

Ontarkie   14,221

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Filed: Citizen (apr) Country: Canada
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~~Related threads merged. Please do not start a new thread for the same topic.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Vbreezy Explorer

Vbreezy   19

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Filed: IR-1/CR-1 Visa Country: Nigeria
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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.

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