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Daron and Honey

Spouse/Stepchildren IR-1/CR-1?

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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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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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). 

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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

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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. 

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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

 

 

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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?

 

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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.

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