Can We Expedite CR2 Visa For A Child If My CR1 Visa Is Already Approved?

It is actually very common for the CR1 visa holder to have their visa approved many months before their child’s visa. The good new is that it may be possible to expedite CR2 visa for a child if your CR1 visa is already approved if you qualify. There are many reasons for this type of delay, but it is important to not let your CR1 visa expire while you wait for the CR2 visa approval.

However, trying to expedite any visa can be a very difficult task – sometimes impossible. There are limited qualified reasons that the USCIS will accept to expedite your child’s visa. The first thing you need to do it find out whether you qualify to request an expedite.

Acceptable Reasons For Expedite Request From USCIS

The USCIS will review all expedite requests on a case-by-case basis and requests are granted at their discretion. The burden is on the applicant or petitioner to show that one or more of the eexpedite criteria have been met before applying.

USCIS may expedite a petition or application if it meets one or more of the following criteria:

  • Severe financial loss to company or person;
  • Emergency situation;
  • Humanitarian reasons;
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
  • Department of Defense or national interest situation;
  • USCIS error; or
  • Compelling interest of USCIS.

Based on the above criteria for expedite, the majority of those wanting to apply will not qualify. This is unfortunate, but there isn’t much you can do but sit back and wait for the CR2 visa to be processed for your child.

If you are concerned that your CR1 visa will expire, send an email to the national visa center (NVC) and explain your situation. Sometimes, the person handling the case for your child will process it quicker so it doesn’t hurt to ask.

What Stage Is Your Child’s CR2 Visa Stuck In?

I-130 petition has not been approved:

While waiting for USCIS approval of the I-130 petition, which typically takes several months, start gathering documents for the NVC and interview stages.

  • Copy of biographic page of child’s passport (get a passport if the child doesn’t already have one!) Make sure passport is good for at least 6 months.
  • Original or certified copy of child’s birth certificate
  • 2 2x2inch photographs
  • Civil documents. Check the country-specific requirements. A child over 16 will need a police report (and/or “court report”)
  • Tax transcripts (Order from the IRS) if need to file I-864. [Not necessary if child will become a citizen upon entry into the United States – Child Citizen Act of 2000 – in which case, will file I-864W (waiver)]

You may also need to provide consent from the child’s other birth parent allowing the child to permanently live in the United States.

Documents needed for the interview:

So there is no further delay, make sure that you have all the documents required for the interview for your child. This will help with processing of their CR2 visa and reduce any chances of further requests for documents.

  • School records.
  • Some photos of your child with the petitioning US parent

Delays At The National Visa Center (NVC) Stage

Many of the delays for processing the CR2 visa happen during the NVC stage. This is normal, however, there is no specific timing on when a visa will be processed and approved.

Make sure that you have provided all the documents that are required at this stage to increase the chances of the CR2 visa being approved quickly.

When there is a document that is missing, you will receive a request for evidence (RFE) to provide it and the case will be put on hold until the document is received.

  • DS-230 Document Requirements
  • Affidavit of Support – (Do NOT file I-864 if the petitioner is the PARENT of the beneficiary, and the beneficiary is less than 18 years old. Use the I-864W instead – single page, signed by beneficiary if he/she is over 14 years old and NO supporting documents required)
  • NVC Fees – Immigrant Visa Invoice Payment Center (need an Invoice Identification Number = IIN from NVC first)

If I-864W will be filed, the child will sign it if over 14 years old.

Delays At The Embassy Stage

If you have made it to the embassy stage of your child’s CR2 visa, that is good news because you are at the finish line. However, there may be delays during this process if there are any documents missing.

If you are sure that you have provided all the documents needed by the embassy and it takes more than a week to get your child’s passport back – call or email the embassy to inquire.

It is easier to get a hold of someone at the embassy that can help you than to try to speak with the USCIS about this delay. Explain that you CR1 visa is approved but is close to expiring and you want to make sure your child gets their CR2 visa approved before then.

Include a copy of your visa stamp in your passport as proof of the expiration date. Also, ask if you can pick up your child’s passport instead of waiting for them to mail it which could save you several days.

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