IR1 Spouse Visa in progress but need to travel back to the States with our Kids

[pushbrk 13,219]

32 minutes ago, Aret said:

No. I only petitioned my spouse. The children can be included in the petition for spouse once it’s approved.

That is incorrect.  When the petitioner is a US Citizen, each immigrant must have their own petition.  Sorry to be the bearer of bad news, but my previous posts described what must now be done.

[S2N 21]

When you say you want to travel back to the U.S., is it permanently because of a job offer or just to visit as tourists?

 

If permanently and you have a job offer, etc. you could potentially see if the local consulate is willing to entertain Direct Consular Filing (DCF) for the children while the spouse is overseas. More experienced posters might have thoughts on how likely this is, but it’s free to ask the local consulate if they’d accept.

Edited 19 hours ago by S2N

[SalishSea 18,234]

1 hour ago, Aret said:

No. I only petitioned my spouse. The children can be included in the petition for spouse once it’s approved.

Nope, sorry.  No derivatives for IR.  Get their I-130 petitions submitted asap.

[pushbrk 13,219]

a

Edited 17 hours ago by pushbrk

[nastra30 2,442]

11 hours ago, Aret said:

Hi, I do not meet the physical presence requirements to pass citizenship.

What about your parents? 

[pushbrk 13,219]

7 hours ago, nastra30 said:

What about your parents? 

That's an excellent question. If the children can be US Citizens through a grandparent, they won't get visas either.  You must exhaust those possibilities first.