following-to-join benefits

[thegordons2009 1]

I am Canadian, and I am currently a Perm Resident (CR-1 Visa). I have children from a previous marriage (Canadian) and looking into having my children be with me in USA. Does anyone know if I can get them here by folling to join benefits? Or since its a CR-1 visa, do I need to file I-130 for each child??

THANKS

[hikergirl 277]

How old are the children?

I am asking not to be nosey, but because it makes a difference as to who files for them and how long it will take.

And they will each require their own I-130.

[Penguin_ie 5,988]

*** Moving from K1 fiance visa to Bringing Family of Perm Residents *****

OP, it has been more than a year since you got your greencard so the follow-to-join benefits have expired. As mentioned, once we know if the kids are minors, and whether you married before their 18th birthday, we can advice better.

[JimVaPhuong 4,863]

*** Moving from K1 fiance visa to Bringing Family of Perm Residents *****

OP, it has been more than a year since you got your greencard so the follow-to-join benefits have expired. As mentioned, once we know if the kids are minors, and whether you married before their 18th birthday, we can advice better.

OP immigrated with a CR1 visa. There would have been no follow to join benefits regardless because immediate relative visas cannot have derivatives. A new I-130 petition is required for each child.

[Penguin_ie 5,988]

OP immigrated with a CR1 visa. There would have been no follow to join benefits regardless because immediate relative visas cannot have derivatives. A new I-130 petition is required for each child.

Doh! And I was the one who moved the topic from the K1 forum too!

[thegordons2009 1]

Thanks for the confirmation. I was hoping to hear otherwise

[JimVaPhuong 4,863]

Thanks for the confirmation. I was hoping to hear otherwise

Sorry about that.

Immigration law is full of exceptions and compromises. The law generally requires the influx of immigrants to be regulated so that the country isn't overwhelmed with new immigrants. This means they accept only a limited number of immigrants each year, and most people have to wait in line for years for their turn. As a courtesy to US citizens, the law makes an exception for their immediate relatives - spouses, unmarried minor children, and parents. There is no limit to the number of immediate relatives that can immigrate per year, so immediate relatives don't have to wait in line. The law states that the exception is ONLY for the immediate relative, and can't be inherited by other relatives through the same petition. The result is that there can be no derivative visas for an immediate relative petition. Every immediate relative needs their own petition.

So, it's a compromise. You get the advantage of being able to immigrate without having to wait in line. You give up the ability to obtain derivative visas based on the same petition. If you'd known this before getting married then you could have considered a K1 fiancee visa instead. It's a non-immigrant visa, so you'd have to adjust status after arriving in the US and getting married, but it does allow for derivatives. That's how my wife and step kids came here.

[hikergirl 277]

If the children were 17 or under when she married then the husband would file and it would be faster correct?

[JimVaPhuong 4,863]

If the children were 17 or under when she married then the husband would file and it would be faster correct?

Yes. As long as the parent/step-child relationship is established before they're 18 then the US citizen step-parent can petition for them as immediate relatives - CR2/IR2.