IR1/CR1 for Child while I-130/I-485 Done with Wife

[tru123go 0]

Hello everyone,

My fiancee and future wife have a few questions related to the process of doing the IR1/CR1 for a child who lives abroad (China) while the fiancee is here on a F-1 visa.

We plan on getting married in February and my fiancee will be graduating in June. In March, we plan to submit the I-130/I-485 with I-765/I-131 so she can work at her pace and travel back to China for family when she needs to.

Our confusion was that we thought doing the I-130/I-485 after we got married, our daughter could come over and stay with us until the process is completed. Apparently, this is not the case as immediate relative petitioning does not allow our daughter to also be on the same visa status (derivative). As far as I can see, it's because our daughter isn't over here already on some other visa status (no idea if the F-1 visa allows children of the visa holder to stay here and go to school while the parent does) but is instead staying in China to go to school.

So, this had lead us to some questions on the path forward:

1) Is there no legal path for our child to be over here in the US and allow us to file a single I-130/I-485 for my future wife and she be placed also on that same petition?

2) If no for #1, is there no legal path for her to be over here in the US and allow us to file an I-130/I-485 for my wife and an I-130/I-485 for our child?

3) If no for #3, this means that we will need to file an I-130/I-485 for my wife and an I-130 for the child at the same time. During this period, she will need to go to the US embassy in China on several trips for interviews, medical, ect? What do we expect in this process? Can she still come over to the US with us until those interviews are needed in the US embassy then she can go back and finish them? Does my wife need to be present for the process with her or can other family be there?

We are both kinda confused in this process because she will obviously need help (she turns 9 next year) in this process but we have to be split up because she isn't allowed to be over here, from what I can tell, and do the process over here while with us.

Thanks for any information and updates!

[aaron2020 11,651]

An F1 visa holder can bring a child to the US on an F2 visa. These are non-immigrant visas. So, it's too late now since the intent is for the child to immigrate.

Please understand that it's immigration fraud to use a non-immigrant visa to enter the US with the intent to immigrate.

By the way, you will be pursuing a CR-2 for your stepchild. You can only file with a marriage certificate. This is the ONLY legal path for your stepchild to immigrate to the US from abroad.

1. No legal path except a CR-2 immigrant visa.

2. No legal path except a CR-2 immigrant visa.

3. Yes. Separate petitions. One interview at the US Embassy for the CR-2. Medical exam is done at an approved medical center. Expect the same immigration process as every other potential immigrant; nothing special. She can come over to visit if she has a visitor visa. Wife does not need to be there and can authorize one adult to take her child into the US Embassy.

Best of luck.

Edited December 22, 2016 by aaron2020

[tru123go 0]

Understood. My fiancee wants her to be over here so badly but I am just thinking there is no good or legal way for her to be over here and do this process with us.

She does have a Tourist Visa, the wife was thinking that she could come over for 6 months (legally allowable length of time) and go to school for 6 months then go back and finish out her year over there. Then, after that amount of time, her process would be completed.

The only problem with that is if the interview comes up before the 6 months, she will have to leave here and then go back and stay until she is valid to immigrate back here. This might be disruptive to her.

-----

Just a thought. You, and thank you so much for your very clear and concise answer by the way, and several others have mention that we can only do this with a marriage certificate. Why is this quantified if we can't do the I-130/I-485 for my wife without a marriage certificate anyways? I am just wondering why the clarification for our daughter? Just wanting to make sure we are not missing something.

Thank you so much for the information, aaron2020!

Edited December 22, 2016 by Zyllos

[Roel 7,191]

She cannot go to school on the tourist visa.

[tru123go 0]

She cannot go to school on the tourist visa.

Alright, thank you for the update. I will let her know. I don't think she is going to like that answer at all but this is how it is done.

[aaron2020 11,651]

Visitor visas are for visiting the US; not going to school. Visitor visa holders are expected to visit and spend money here to help the US economy. Visitor visa holders are not allowed to come here to use our resources for free and cost US taxpayers money to educate a non-citizen, non-resident child. US taxpayers are not responsible for educating foreign children who are here on visitor visas. This is why we have a student visa program.

I mentioned the marriage certificate because you are already calling her your daughter before the marriage. Just wanted you to know that you need to be legally marry to her mother in order to qualify to file an I-130 for her as your stepdaughter.

Edited December 22, 2016 by aaron2020

[tru123go 0]

Visitor visas are for visiting the US; not going to school. Visitor visa holders are expected to visit and spend money here to help the US economy. Visitor visa holders are not allowed to come here to use our resources for free and cost US taxpayers money to educate a non-citizen, non-resident child. US taxpayers are not responsible for educating foreign children who are here on visitor visas. This is why we have a student visa program.

I mentioned the marriage certificate because you are already calling her your daughter before the marriage. Just wanted you to know that you need to be legally marry to her mother in order to qualify to file an I-130 for her as your stepdaughter.

Makes sense.

I view her as my daughter, even if she isn't legally, yet. =)

Another simple question, is the CR-2 process no different than a CR-1 process (this guide: IR-1 / CR-1 Spouse Visa) other than I am marking all this down with the daughter in mind?

Edited December 22, 2016 by Zyllos

[aaron2020 11,651]

The CR-2 process is very similar to the CR-1 process. However, there are differences. Use the Guide for children of US citizens.

[aaron2020 11,651]

Alright, thank you for the update. I will let her know. I don't think she is going to like that answer at all but this is how it is done.

Remind your fiancee of what she had to go through to be able to attend school in the US. The rules that applied to her would apply to her daughter, so she should not expect her child to come over here with a visitor visa to attend school. No different from her.

[tru123go 0]

The CR-2 process is very similar to the CR-1 process. However, there are differences. Use the Guide for children of US citizens.

Is this the guild your talking about: Petitioning Procedures: Bringing a Child, Son, or Daughter to Live in the United States?

Remind your fiancee of what she had to go through to be able to attend school in the US. The rules that applied to her would apply to her daughter, so she should not expect her child to come over here with a visitor visa to attend school. No different from her.

Mhmm.

Thanks again, aaron2020.

[aaron2020 11,651]

That's the guide

[tru123go 0]

That's the guide

Alright, I think this information will greatly help us clear up anything and get us on the correct path and see the way forward.

Thank you very much.

[f f 725]

I would suggest applying for i485 and i130 as soon as possible since even though she has a F1 visa she can not use it for entry since she plans to adjust her status. she will need AP that comes with the i485 and i131 applications.

[Unlockable 7,306]

OP,

You have some very good advice given to you. Keep in mind that nobody is faulting you for your previous plans as many people have no idea of the do's and dont's of immigration. It is good that you have inquired. Use this site to educate yourself more on your options and you should be fine.

[tru123go 0]

I would suggest applying for i485 and i130 as soon as possible since even though she has a F1 visa she can not use it for entry since she plans to adjust her status. she will need AP that comes with the i485 and i131 applications.

Actually, I am glad you mentioned this. I have been trying to figure out what the AP is.

What exactly is it?

She doesn't plan on leaving. She will be still here completing her Master's Degree when we plan on getting married. But, once her I-131 is completed, she then can go back to China if she needs to for any reason.

OP,

You have some very good advice given to you. Keep in mind that nobody is faulting you for your previous plans as many people have no idea of the do's and dont's of immigration. It is good that you have inquired. Use this site to educate yourself more on your options and you should be fine.

Agreed. The information and advice seems extremely logical.

Thanks.