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  • IR-2 (and CR-2) Visas

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    This page is a work in progress, documenting how to apply to immigrate a child to the United States. The process is similar to, but has some differences from, the process to immigrate a spouse. There are already many great resources for spouse immigration (CR-1/IR-1), so this page will focus on what is different. (First posted by SerenityNOW January 2013 - just trying to sort all this out as I go through the process, and documenting everything so future applicants hopefully do not have to waste as much time as I did. Please add your experience!)

    An overview of Family-based Immigrant Visas from the Department of State.

     

    Here is a very useful thread answering some questions about stepchildren - started in 2010 Read through the thread, as some of the items in the initial post are not entirely accurate.

     

    First Stage - USCIS

    Step 1

    Decide who will apply - this page pertains primarily to U.S. Citizens applying for their children or stepchildren who are living abroad.

    Gather documentation. Not much is required for this application, but you will need translations if the documents are not in English.

    You will need the marriage certificate of the parents of the child, if applicable.

    Step 2

    File the I-130 with USCIS. Very helpful information about the visa petition process: Bringing Children, Sons and Daughters to Live in the United States as Permanent Residents

    VJ Resources:

     

    The Children of US Citizens or Permanent Residents Procedure is great for this stage, and contains the list of documents to be included. Also very helpful: How Do I Bring My Spouse (Husband or Wife) to Live in the United States?

     

    Differences from the spouse I-130 application:

    1. No passport-sized photos required.
    2. No G-325a required.
    3. No huge stack of "bona fides" required.

    Include G-1145 form at top if want to be notified by e-mail of acceptance: G-1145

    Step 3

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

    1. Copy of biographic page of beneficiary's passport (GET a passport if the child doesn't already have one!) Make sure passport is good for at least 6 months.
    2. Original or certified copy of child's birth certificate
    3. 2 2x2inch photographs
    4. Civil documents. Check the country-specific requirements. A child over 16 will need a police report (and/or "court report") [<<<ARE THESE THE SAME?]
    5. Tax transcripts (Order from the IRS here) 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)]
    6. Check for US Embassy/Consulate Specific requirements
    7. This might be requested at the NVC stage, probably at the interview stage, and almost certainly when the child is exiting his or her home country (if the petitioning parent does not have full custody):
    8. Documentation from other birth parent, notarized, that explicitly gives permission for the child to permanently reside in the United States with the other parent. See the Q&A thread posted at the top of this page for more about this. Probably this would have to be tailored to whoever is accompanying the child or for the child to fly alone... This requirement is COUNTRY-SPECIFIC, so do your homework here.

    For the interview:

    1. School records.
    2. Some photos of the child with the petitioning parent, maybe with the step-parent as well. [This might be useful at the interview?]

    Second Stage - NVC

    Most of the process is identical to that that spouses follow. Great VJ resources (and at least as of April 2013 there is a monthly thread under IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports that includes ALL of these links, plus an FAQ section, so check there for the most up-to-date information, plus there will be a bunch of NVC experts and people to commiserate with there):

     

    1. NVC Flowchart
    2. National Visa Center
    3. a post about sending documents to NVC

    DS-230

    1. Document Requirements
    2. The Department of State Immigrant Visa Application and Document Processing Information - including country-specific information.

    Affidavit of Support

    1. Affidavit of Support Instructions (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)

    Fees

    1. NVC Fees
    2. Immigrant Visa Invoice Payment Center (need an Invoice Identification Number = IIN from NVC first)

    Processing

    1. Immigrant Visa Processing at NVC

     

    Some differences from the spouse process:

     

    1. If I-864W will be filed, the child will sign it if over 14 years old.
    2. There have been mixed results with sending an e-mail to NVC in lieu of sending the DS-3032/Choice of Agent and Address form. It has worked successfully for at least one member (April 2013, 16 year old beneficiary, send from his e-mail account that NVC did NOT have on record, but also copied to the Agent of Choice's e-mail that NVC did have on record) but at least one member had it rejected, stating that the scan of the actual signed form must be attached. Here are the instructions: Email DS-3032 form

    Third Stage - Embassy

    Interview

    Things to bring: Photos, all the paperwork filed, tax forms etc. Might help: e-mails/chat logs/skype screen shots, receipts for money sent to child, other evidence of financial support of child

    Interview Preparation

     

    <<<MORE TO COME [What are the rules for parent needing to be present, if any? What kind of questions do they ask a child?]


    DNA Test required?

    DNA Relationship Testing Procedures

    One person's detailed account of DNA testing (Manila Embassy)

    Another detailed account from 2013 (Lagos Embassy)

    How to Speed Up the DNA Process (meblue - Manila Embassy)
     

    THE PROCESS (thanks to VJ member Kazulie)

     

    The DNA testing could go a couple of ways. 1. everyone being tested is in the foreign country. 2. One or more persons is in the States and one or more persons is in the foreign country. The person in the States has to go to an accredited AABB Lab to get their test done, the person(s) in the foreign country has to get their tests done at the embassy.

     

    1. Beneficiary goes to their interview. A DNA test is requested. Beneficiary will get a formal letter at the end of the interview asking for the DNA test. IMMEDIATELY after the interveriew, the beneficiary will scan/email the letter to the USC.

    2. The USC will contact the AABB Lab closest to them (if there is person who has to do DNA testing in the States as well. Otherwise, it doesn't really matter which lab you choose, as you wont ever have to actually go into the lab). The USC then emails the scanned letter that was recieved at the interview and sends it to the Lab. The USC pays for the testing. As soon as payment is made to the lab, the lab sends out a kit to the foreign embassy. At this point, if there is someone in the States that has to get tested as well, you can go get tested.

    3. Once the lab sends the kit(s) to the foreign embassy (ours sent it the very same day we paid for it) you can call the lab and ask for the tracking number.

    4. Once you track and see that the kit(s) have arrived at the foreign embassy, you email the embassy and state that the kit(s) have arrived and will they please set up an collection date for you loved one(s) to go and have their DNA collected at the embassy. (it took about 5 days for my embassy to email me back saying the collection date was 3 weeks later). Of course you can wait for the embassy to contact you, but that will add extra months to your journey. Just like everything else in this process, you will get through much faster if you are pro-active.

    5. Loved one goes to get his DNA collected. The kits are then immediately sent back to the lab in the States. These tests are time sensitive so it usually arrives back in the States within 3-5 days.

    6. The lab in the States runs the tests. Within a week, the results are then mailed to the USC and also the foreign embassy. The USC usually gets the results in 3 days (ish). Once they recieve the results, they can call the lab again and get the tracking number for the results sent to the embassy. (But the tests only take a couple of days to run, so if you haven't gotten the results back in the mail within a week, you should call the lab. I've had reports of USCs saying they never recieved the test results.) This is when the embassy is no longer in a rush to do anything and the results can sit in a pile in the mail room for months.

    7. After you track and see the results have made it to your embassy, wait a few days and then email them. They will probably respond back with "we don't have the results yet", even though you have tracked them and know they are in the building. (It's just like NVC. you know it only takes a week or so to get from USCIS to NVC but you can call for a month and NVC will say they STILL don't have your packet - because no one has scanned it into the computer yet)

    8. Hurry up and wait. Now you will have to decide how long you can handle waiting and when you will start pestering them. (it took one month of once-a-week e-mails for the embassy to issue the visas).

     

    Fourth Stage - After the visa is issued

    Pay USCIS Immigrant Fee of $165 (as of May, 2013) after receiving visa. Not necessary to pay before entering the U.S., but is required to receive actual plastic permanent resident card. [Question remaining to be answered: If a child will immediately become a U.S. Citizen, and thus does not need a green card, do they need to pay the fee? The consensus on VJ is no, but there has not been confirmation of this yet - May, 2013]

     

    <<<MORE TO COME...

     

    For Immigrants Who Fall Under the Child Citizenship Act

    From VJ member Mark88

     

    --Applying for a US Passport under the CCA--

    Now, for applying for a US Passport under the CCA you can go to any passport processing location like your local Post Office. If you live in a city like San Francisco or Boston the person processing your application will likely be familiar with the CCA and required documents. If you live in a small town in the square states with hardly any immigrants you will get an evil look and no passport. I would recommend going to one of the DOS Passport agencies (especially if you live in one of the cities where these are located). These agencies deal with children, passports and the CCA on a daily basis. This also gave us the advantage of picking up the passport two days later.

     

    At the passport agency we (both parents!) had to appear with our baby. We needed all the documents listed on the link below. The DOS agent was very friendly and knew exactly what to do. They keep all the documents for scanning and filing with the application. Now the DOS recognized our child as a US Citizen and it was official!!! Two days later we picked up the passport with all documents and that was it.

     

    Further information can be found here: "How Does the Child Get a Passport Under the Child Citizenship Act?"

     

    --Applying for a Social Security Number with a US Passport and a foreign birth certificate--

     

    I went to my local SSA and brought all documents with me. The agent had no clue what I wanted.

    SSAgent: "Only U.S. Citizens can apply for a SSN"

    Me: "My child is a U.S. Citizen. You have her US Passport in your hands to prove it."

    SSAgent: "Right… But she doesn't have a US birth certificate"

    Me: (Long Pause) "And?"

    SSAgent: "She needs one, otherwise I can't process the application."

    Me: "No she doesn't. Even the website says she doesn't need one."

    SSAgent: "That can't be. I never heard of this. You will need to get her a US birth certificate first"

    Me: (Long Pause - since you can't get a US birth certificate if you're not a US Citizen by birth!!!) "Ok. Let's say someone naturalizes and becomes a citizen. They don't have a US birth certificates either. Can't they get a SSN?"

    SSAgent: "Right… I will have to check with my supervisor."

    Duh! The law which regulates these things has only been in effect for over 12 years!!! Thankfully the supervisor was able to sort this out (after reading the info on the ssa.gov website) and we got the SSN in the mail about 10 days later.



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    NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.





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