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Posted (edited)

I am confused on how to answer this as I am a CR1 and kids are CR2. They are not derivatives. One place online said if they are not derivatives you have to answer no to the DS-260 question "Is this child immigrating to the U.S with you?". I want to double check on here how accurate that is? Because the kids ARE immigrating with me, even if they're under their own individual case numbers?! 

Edited by Cookie88
Posted

I would answer "no".  They are not immigrating as part of your case as derivatives.  However, you need to contact NVC and the consulate to ask that you all be interviewed together. 

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Posted (edited)

Thanks. I wish they would be clearer in their wording in what they are asking. The children are immigrating with me. If this is solely for who is included within this application, if I click 'No' it then populates a new question and asks 'Is the child immigrating to the U.S. at a later date to join you?'. I would then have to say 'No' to that too technically if my first response is going off of derivatives. It doesn't say anywhere 'immigrating with you' means on the same application only. It's so confusing. 

Edited by Cookie88
Posted

For the benefit of any lurkers reading this now or later, I have reluctantly answered 'no' to the two questions about the kids immigrating with me / joining me later. I asked a lawyer and he also said this is only a yes for derivatives. 

 

I say reluctantly because they could be a bit clearer in their choice of words, or at least have a 'not applicable' checkbox for IR2/CR2 applicants if they don't want to change their verbiage for whatever reason. 

 

Thank you @Crazy Cat!

 
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