IR2 w/o IR1 possible?

[renxiaoyao 0]

Basic but important. Petitoner (and foreign wife; they got married before the step-cild reached 18) prefer to stay in the foreign country, but want to get the 19-year-old step-child immigarted to US. In other words, can we file IR-2 application without filing IR-1? Is the citizen step-father required to go to US?

Thanks.

[Darnell 8,478]

IR-2 is a derivative visa, so must have IR-1 for a parent first.

I'm sure someone will give other input, as well.

[Sam and Fen 41]

You should be able to file an I130 under the category of unmarried child of an USC assuming you have legally adopted the child.

You as an USC will be required to show permanent residence in the US and have filed taxes for the last 3 years.

I am sure others with more knowledge then me will chime in.

[renxiaoyao 0]

IR-2 is a derivative visa, so must have IR-1 for a parent first.

I'm sure someone will give other input, as well.

, or even

That's interesting to know that. Is that always the case? In the case of wife (child's natural Mom) is a green card holder or a naturalized USC or even already deceased, IR-1 is not needed. Is IR-2 still a derivative visa from IR-1?

More discussion welcome. Thanks.

[Darnell 8,478]

Mom being a green card holder changes things, much. IF Mom is a green card holder, sure, USC Spouse can apply, hurry hurry.

[Darnell 8,478]

Seriously, have USCitizen husband apply, file an I-130 to lockbox in Chicago.

[renxiaoyao 0]

Thank you all so much, seriously.

[pushbrk 12,114]

Thank you all so much, seriously.

I'm confused. IS your wife a green card holder. If so, yes file an I-130 for the child. If she is not already a green card holder, then you must file for them both and they must immigrate together. THEN.... you have the issue of your wife maintaining her permanent resident status.

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns