Spouse/Stepchildren IR-1/CR-1?

[Daron and Honey 6]

Will stepchildren arrive on a K-4 and then change status to IR-1 or CR-1 ?

[Penguin_ie 5,984]

If your spouse is getting a CR/ IR-1, as your profile indicates, then the kids will be on the derivative of that, not a K4.  They, like your spouse, will get greencards upon entry to the USA and will not need to change status.

[ConOfficer 167]

There is no derivative for IR1/CR1 petitions. If you filed a K1 for their bioparent, the children would be K2. But if you are a US citizen applying for your spouse you need to file separate I-130 petitions for each stepchild (IR2 if you have been married to the bioparent, CR2 if less than 2 years). 

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[Daron and Honey 6]

On 1/8/2017 at 7:20 PM, Penguin_ie said:

If your spouse is getting a CR/ IR-1, as your profile indicates, then the kids will be on the derivative of that, not a K4.  They, like your spouse, will get greencards upon entry to the USA and will not need to change status.

I did some more reading.  Thank you.  I will be filing a IR-1 for my wife, so as you say the step kids will be a derivative of that.  Just starting. So, alot more reading and alot more questions....hehehe.  Thank s again

[Daron and Honey 6]

On 1/8/2017 at 7:35 PM, ConOfficer said:

There is no derivative for IR1/CR1 petitions. If you filed a K1 for their bioparent, the children would be K2. But if you are a US citizen applying for your spouse you need to file separate I-130 petitions for each stepchild (IR2 if you have been married to the bioparent, CR2 if less than 2 years). 

I read that there is a derivative.  It is saying they will be an IR-2 as long as i file the i-130 for them as well.  Please note I have been married for 5 years and will not be filing for K-1 or K-3.  Also, i can petition for them on the i-130 as children even though they are my step children. 

[aleful 1,905]

that's not being a derivative, if you file a separate i130, a derivative is a child that is filed together on the same i130 as the parent

 

they are separate petitions, so separate i130

 

 

[Daron and Honey 6]

11 minutes ago, aleful said:

that's not being a derivative, if you file a separate i130, a derivative is a child that is filed together on the same i130 as the parent

 

they are separate petitions, so separate i130

 

 

I have been married 5 years.  My options below are:

 

*K-3 derivative - K-4, no separate i-130 required. submit for IR-1, IR-2 after entering the states

*IR-1 derivative - IR -2, separate i-130 required. no derivative of the i-130. IR-1, IR-2 approved before entering the states.

 

i am not submitting for CR or K visas.  I am in no hurry to return to the US so I will file IR-1.

 

ummmm...mic drop?

 

[kareelina 42]

6 hours ago, Daron and Honey said:

I have been married 5 years.  My options below are:

 

*K-3 derivative - K-4, no separate i-130 required. submit for IR-1, IR-2 after entering the states

*IR-1 derivative - IR -2, separate i-130 required. no derivative of the i-130. IR-1, IR-2 approved before entering the states.

 

i am not submitting for CR or K visas.  I am in no hurry to return to the US so I will file IR-1.

 

ummmm...mic drop?

 

Bare in mind that IR-1 takes from one year to 18 months but as long as you are there with your wife and children then no hurry and apply for it.