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IR2 visa abandonement

By bellicon in IR-1 / CR-1 Spouse Visa Process & Procedures

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bellicon Rookie

bellicon   1

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My spouse and two stepchildren (one minor, one 23 year old adult whose age was frozen due to CSPA) got their respective (independent) IR1 and IR2 visas to travel to the US. The adult stepchild has now decided to stay back in the home country and effectively abandon their IR2. Will this affect in any way my spouse or minor stepchild who will be traveling to the US soon?

 

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Timona Experienced

Timona   4,207

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I would encourage her to rethink. Come in US, trigger GC, file AP.

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Mike E Grand Master

Mike E   11,739

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19 minutes ago, bellicon said:

Will this affect in any way my spouse or minor stepchild who will be traveling to the US soon?

No

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pushbrk Grand Master

pushbrk   12,882

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20 minutes ago, bellicon said:

My spouse and two stepchildren (one minor, one 23 year old adult whose age was frozen due to CSPA) got their respective (independent) IR1 and IR2 visas to travel to the US. The adult stepchild has now decided to stay back in the home country and effectively abandon their IR2. Will this affect in any way my spouse or minor stepchild who will be traveling to the US soon?

 

No, it will not.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Crazy Cat Grand Master

Crazy Cat   41,845

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1 hour ago, bellicon said:

Will this affect in any way my spouse or minor stepchild who will be traveling to the US soon?

No.  They are all separate, independent cases.  There are no derivatives.

"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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pushbrk Grand Master

pushbrk   12,882

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11 minutes ago, Crazy Cat said:

No.  They are all separate, independent cases.  There are no derivatives.

Correct.  Now, if your wife decided not to come, her daughter's visas are no good.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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pushbrk Grand Master

pushbrk   12,882

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3 minutes ago, Mike E said:

It does not to me.

They are derivatives.  If the primary immigrant does not immigrate, they are not authorized to.  They might use their visas by traveling separately, but the "computer" CBP uses, should show whether the primary has preceded them or not.  If they get in by a CBP mistake, don't expect USCIS to make the same mistake and issue them green cards.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Mike E Grand Master

Mike E   11,739

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9 minutes ago, pushbrk said:

They are derivatives.  If the primary immigrant does not immigrate, they are not authorized to.  They might use their visas by traveling separately, but the "computer" CBP uses, should show whether the primary has preceded them or not.  If they get in by a CBP mistake, don't expect USCIS to make the same mistake and issue them green cards.

 

IR-1 has no derivatives. IR-2 has no derivatives. IR-5 has no derivatives.

 

Immediate family of U.S. citizens have no derivatives.

 

1 hour ago, Crazy Cat said:

No.  They are all separate, independent cases.  There are no derivatives.


I agree.

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pushbrk Grand Master

pushbrk   12,882

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2 minutes ago, Mike E said:

IR-1 has no derivatives. IR-2 has no derivatives. IR-5 has no derivatives.

 

Immediate family of U.S. citizens have no derivatives.

 


I agree.

You're right.  Derivatives is not the correct term, but do you really think it is allowed for the IR2 step child of the petitioner to immigrate ahead of the IR1 spouse?  Not applicable in this case, of course.  The other IR2 situation where they become citizens upon arrival is a different matter.

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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bellicon Rookie

bellicon   1

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2 minutes ago, pushbrk said:

You're right.  Derivatives is not the correct term, but do you really think it is allowed for the IR2 step child of the petitioner to immigrate ahead of the IR1 spouse?  Not applicable in this case, of course.  The other IR2 situation where they become citizens upon arrival is a different matter.

 

As an aside, I think my minor stepchild might be entitled to become a citizen on arrival.

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