We Submitted IR1/CR1 Visa Application and IR2/CR2 For My Child. Will We Need To Complete DS-260 Online Individually?
Now that you and your U.S. citizen spouse have gotten married abroad, the next step is to file for your petition to be able to move to the United States with your child.
The form to submit for yourself is I-130 Petition for Alien Relative which will also needs to be filed for any foreign children or stepchildren.
To qualify for a stepchild relationship, the USCIS requires that the marriage establishing the relationship take place before the child’s 18th birthday.
A stepchild who was 18 years or older when the petitioner married that child’s birth parent is not eligible for an IR2/CR2 visa. However, children of a U.S. citizen can apply for U.S. citizenship directly instead of going through the visa process.
Will A IR2/CR2 Petition Need To Be Submitted With It’s On Forms Or Included With The IR2/CR1 Petition?
IR2/CR2 petitions needs to be submitted with their own I-130 form, DS-260 as well as payment of the IV fee once your petitions are approved.
This can be a time intensive and expensive if you have multiple children but there is no way around this rule.
Each child will be petitioning based on your relationship with your new husband. The children need to be unmarried and under the age of 18 to qualify.
If your child is over the age of 18, you will need to petition them yourself as they are no longer eligible for the IR2/CR2 petition.
Will My Children Get Their Own Interview Date At The U.S. Consulate/Embassy?
Yes, they will. It is best to submit both petitions at the same time so that you can get an interview date that is on the same day.
If for some reason, you submitted the IR1/CR1 and the IR2/CR2 petitions on different dates and you get your interview first you will have a 6 month window before you need to move. This will give you enough time to attend the interview for your child and wait for their visa to be stamped into their passport.
It is important to review all documents and evidence that you are submitting to ensure that all petitions are approved.
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