When a foreign souse of an American intends to enter the USA with her kids, children are issued CR2/IR2 Visa. This visa for a children is given only for unmarried persons under 21 years old. Stepchildren can be also given this visa even when they are married, but only in case when the marriage was registered before the child marked his 18th birthday.
The spouse of an American should file I-130 petition (USCIS requirements) and complete getting visa process in her country. Filling in the I-130 Form, she must give there all information about her children travelling together with her to the USA.
The same day when the alien spouse gets her approved CR1 or IR1 visa, she is almost always given CR2/IR2 for her children. Visas are given in the USA consulate. However, a courier service can be ordered (it will send you issued visas).
These visas give a foreign spouse and her children the right to enter the USA legally and get status of permanent residents the day and time they pass through the airport Port of Entry.
Green Cards for a foreign spouse and her kids as well are sent via mail in a fortnight after they arrive to the USA.
CHECKLIST FOR CR1/IR1 VISA
Important: In case your kid turns 18 before the day of your marriage, you should better apply for a Fiancée K1 visa.
Persons eligible for CR2/IR2 Visa
Kids that are not married and who are younger than 21 years can arrive to the USA on the petition of an American citizen alien spouse (I-130). Persons who are 21 and older (children of a foreign spouse) can also come to the USA, but the petitioner files for them I-130.
Married children under 21
CR2 visa requirements state that this visa can be issued only for children that are not married. Married kids of a foreign spouse of an American are not included into I-130 petition. They are considered for “third preference” category, not “second preference”.
o First preference: kids of an American citizen of any age. They must not be married.
o Second preference:
o (a) Spouses and their kids under 21 ( not married) — holders of Green Card;
o (b) 21+ Kids of a GK holder (non-married) ;
o Third preference: Children (married) of an American of any age;
o Fourth preference: Siblings of a US citizen who is 21 years old and over.
When the child does not come to the first preference category, he/she has to wait for the time when a visa for him/her becomes available. Sometimes it takes months and years even.
Persons from first category do not wait and apply for a visa immediately they need it.
CR2/IR2 Visa FAQ
Who can be a “daughter” or a “son”?
Daughters and sons that need CR2/IR2 visa should meet the following requirements:
o A legal child (natural-born kid) of parents who are married;
o A natural-born child to parents that are not married. If the kid’s father files petition, h a blood test is needed to be done to prove his paternity; o A stepchild, who was under 18 when his parents married.
What is the timeline of my kid’s immigration process?
The timeline is always less for an immediate relative. The time for the visa approval depends on the children age. When you have an unmarried kid who is less than 21, put him into your I-130 petition and the timeline is shortened. When a child (children) is 21 or when he/she is married legally, he/she files a separate petition, and the process lasts longer.
. Can I change the status of my child living in the USA illegally?
When your kid lives illegally on the USA territory, he/she cannot apply for a Green Card.
You can try adjusting the child’s status filing I-485 and the process can even be a success. However, your child needs leaving the USA to get his/hers interview in the country of residence. Moreover, depending on the time the child stays in the USA illegally, some problems can be aroused.
o If illegal stay lasts from half a year to a year, this individual will be not let coming to the USA 3 years since the time he leaves the country to complete the interview.
o When illegal stay lasts over a year, the person will be not let to come to the USA for 10 years since the time he leaved the country to have the interview.
The best variant on situations mentioned above is to hire a professional — an attorney.
Can my kid enter the USA when the I-130 is pending still?
In case you have got the USA citizenship and you have filed this petition for your kid, he/she can get K4 visa that gives a person a permission to come to the USA, living there and even working while I-130 is pending
Getting this advantage is possible when you file I-129F. It needs to be approved, but the process is very quick.
I have filed I-130 for my kid. What is next?
Filing the relative petition for your kid is the similar process with the procedure of filing it for other relatives. You’ll be mailed NOA including the number of receipt. In case you have sent all the needed documents and everything is correct, USCIS will let you know about it in 7-14 days. In case when some document is missed, you can get RFE.
CR2/IR2 Visa documents
Filing your primary beneficiary I-130, include there your child. The kid’s parent who is a spouse of an American citizen or a legal permanent country resident is called primary beneficiary.
Important: a kid who comes with you to the USA need no I-130 filled in separately if he is under 21 and not married.
Evidence for CR2/IR2 visa
o I-130, correctly completed and signed (petitioner should sign it); o If petitioner is the child’s mother; o Legal child’s birth certificate with both names of your child and you; o If petitioner is the child’s father; o Legal child’s birth certificate where both parents names are shown and a document about your marriage.
For medical examination that you child needs to go through, USCIS chooses a civil surgeon. Medical exam is the “must” for all children and never depends on the age of a kid.
The appointment for medical examination should be made before the daof the interview. The best choice here is having this examination and the interview the same day.
o Take the letter with the appointment for an interview; o Take with you records about your kid’s vaccination; o A fee will be paid for vaccines; o An X-ray will be made; o Your kid will have the total physical examination.
At least two copies for each document (original) or the evidence stuff should be made and taken with you.