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mgsanch509

K4 Visa for Child of CPR parent

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Can I file I129f petition to apply for K4 visa for the child of my CPR husband?

 

I am USC and must file I130 for his 3 kids. They live abroad in Mexico. Husband is already in the USA with me and we have adjusted status, and been married less than two years.

 

The children weren't included in the original petition for my husbands K1 visa on the I129f. I have read on the I129F instructions that the petition is only for alien fiances or alien spouses about to file I130. We didn't file I130 for my spouse, he is CPR after AOS from K1.

 

Could I still apply for a Visa for his kids abroad? 


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

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They were listed, though, on your petition for him as his children, correct? You just didn't apply for K-2 visas for them? If they were not listed, that could cause problems for sure...

You need to file a separate I-130 for each child. It'll take about a year before they get their immigrant visas. Forget K-4, it's obsolete.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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5 minutes ago, EM_Vandaveer said:

They were listed, though, on your petition for him as his children, correct? You just didn't apply for K-2 visas for them? If they were not listed, that could cause problems for sure...

You need to file a separate I-130 for each child. It'll take about a year before they get their immigrant visas. Forget K-4, it's obsolete.

No I didnt list them, I told him we needed to list them and we mistakenly misunderstood the question to LIST ALL CHILDREN it didnt say "LIST ALL CHILDREN THAT ARE MIGRATING"

 

Our dumb mistake!! Since the children are still small, he wanted them to stay in Mexico until they are little older but of course under age of 18 to qualify as a child on the petition.


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

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You’re not the first person to make that mistake, but it can raise questions sometimes.

 

No K-4 possible...that’s only possible as a derivative of a K-3 visa applicant. There is no K-3 in your case (nor are they issued anymore in almost every case). It would be a K-2, but you need to 1) correct the I-129F and 2) they need to apply within 1 year of the original K-1 visa being issued.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Looks like he has been here 18 months so moot.

 

Presumably the Mother is OK with this.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 minutes ago, geowrian said:

You’re not the first person to make that mistake, but it can raise questions sometimes.

 

No K-4 possible...that’s only possible as a derivative of a K-3 visa applicant. There is no K-3 in your case (nor are they issued anymore in almost every case). It would be a K-2, but you need to 1) correct the I-129F and 2) they need to apply within 1 year of the original K-1 visa being issued.

None of the 2 options  I qualify 😭 

 

One, I can correct the I129F from the husband but that's already been approved and he has adjusted status already in the USA. So I dont believe USCIS will take updated information on approved petitions. 

 

And 2, his K1 Visa was issued April 10, 2017. So sucks for us. Kids will have to wait until approval of I130. I thought there was a way to get a nonimmigrant visa so they can come to the USA until they can establish LPR status.

 

 


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

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Only one that comes to mind is the F1 if they want to go to School.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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16 minutes ago, Boiler said:

Looks like he has been here 18 months

I assumed it was too long but I’m on my phone so I couldn’t see the history easily. :P  AOS interview today so no computer.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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7 minutes ago, mgsanch509 said:

None of the 2 options  I qualify 😭 

 

One, I can correct the I129F from the husband but that's already been approved and he has adjusted status already in the USA. So I dont believe USCIS will take updated information on approved petitions. 

 

And 2, his K1 Visa was issued April 10, 2017. So sucks for us. Kids will have to wait until approval of I130. I thought there was a way to get a nonimmigrant visa so they can come to the USA until they can establish LPR status.

 

 

No. As you are finding out, it doesn't work like that. It is fraud to use a nonimmigrant visa to live in the US. They were supposed to come under the K2. It is an oversight that you and your husband has made but fortunately it doesn't stop your children from migrating here. It is just going to take longer than expected.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Are my stepchildren immediate relatives? Wouldnt they be provided IR2 visas? 

 

Somewhere on VJ I read, that once I-130 for each of my stepchildren is approved by USCIS, it forwards it like usual to NVC for a Visa Number & additional processing. Then when NVC forwards the info to embassy, they will receive each IR2 visa, when they enter the USA they will automatically be issued a green card.

 

I read this a few time from different VJ members. Is this correct?


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

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13 minutes ago, mgsanch509 said:

Are my stepchildren immediate relatives? Wouldnt they be provided IR2 visas? 

 

Somewhere on VJ I read, that once I-130 for each of my stepchildren is approved by USCIS, it forwards it like usual to NVC for a Visa Number & additional processing. Then when NVC forwards the info to embassy, they will receive each IR2 visa, when they enter the USA they will automatically be issued a green card.

 

I read this a few time from different VJ members. Is this correct?

As stepchilden, they will receive either a CR-2 or IR-2 depending on the length of the marriage when the visa is issued. They will enter with CR-2 or IR-2 status based on date of POE (which can be different than the visa). They will be LPRs after POE and the physical green cards will arrive later.

 

If they were biological children (and could not derive citizenship at birth), they would be issued an IR-2 always.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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12 minutes ago, mgsanch509 said:

Are my stepchildren immediate relatives? Wouldnt they be provided IR2 visas? 

 

Somewhere on VJ I read, that once I-130 for each of my stepchildren is approved by USCIS, it forwards it like usual to NVC for a Visa Number & additional processing. Then when NVC forwards the info to embassy, they will receive each IR2 visa, when they enter the USA they will automatically be issued a green card.

 

I read this a few time from different VJ members. Is this correct?

For US immigration purposes, your stepchildren are your Immediate Relatives since you married their father while they were under age 18. 

 

They would get IR2 visas if their interviews happens after your 2nd wedding anniversary.  If they interview before your second anniversary, they would get CR2 visas.

 

When they enter the US with the CR2 or IR2 visas, they would automatically get green cards.

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Just now, geowrian said:

As stepchilden, they will receive either a CR-2 or IR-2 depending on the length of the marriage when the visa is issued. They will enter with CR-2 or IR-2 status based on date of POE (which can be different than the visa). They will be LPRs after POE and the physical green cards will arrive later.

 

If they were biological children (and could not derive citizenship at birth), they would be issued an IR-2 always.

Thank you so much for clarifying this!

 

You have answered many questions in the past during my K1 visa process and after AOS. I love VJ and all its members! Everyone always so helpful! :)

 

I believe it will be CR2. Since I'm been married with CPR parent for less than 2 years. I married last May 18, 2018. Will they receive a Visa and need to travel USA to get GC?


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

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2 minutes ago, aaron2020 said:

For US immigration purposes, your stepchildren are your Immediate Relatives since you married their father while they were under age 18. 

 

They would get IR2 visas if their interviews happens after your 2nd wedding anniversary.  If they interview before your second anniversary, they would get CR2 visas.

 

When they enter the US with the CR2 or IR2 visas, they would automatically get green cards.

Oh nice! That makes sense! Thank you for replying and answering my question! :)


K-1 Fiancee Visa

11/10/16   I-129F Mailed to Lewisville TX Lockbox
11/14/16   I-129F Received date

11/16/16   NOA1 Date on Hard Copy

11/17/16   NOA1 Text & Email. Routed to CSC.
11/19/16   NOA1 Hard Copy Received

02/02/17   NOA2 Text and Email from USCIS
02/06/17   NOA2 Hard Copy Received 

02/15/17   NVC Received

02/16/17   NVC Processed & Case# Issued

02/27/17.  Ciudad Juarez Embassy Receive

03/04/17   Petitioner Receive- Embassy Welcome Letter

03/22/17   Beneficiary Receive- Embassy Welcome Letter

04/04/17.  NVC Letter (Mail)

04/05/17   Medical

04/06/17   ASC/Biometrics Appointment

04/07/17   Interview - APPROVED!!!

04/11/17   DHL tracking number  received  (Email)

04/27/17   Arrived at USA, Port of Entry-Portland Oregon

05/01/17   Applied for Social Security Card 

05/13/17   Social Security Card Received 

05/19/17.   Married!!!! 

 

 

Adjustment of Status

05/31/17.   AOS sent to Chicago IL

06/01/17   Chicago Lockbox Received

06/05/17   3 emails & 3 text received USCIS, I-485, I-131, & I-795

06/09/17   3 Paper NOA Received, I-485, I-131, & I-795

06/16/17   Biometric Letter Received

06/26/17   Biometric Appointment

07/19/17   USCIS email notification of Scheduled Interview

07/22/17   Paper NOA received for I-485 Interview

08/15/17   Interview 

08/15/17   Interview Approved

08/15/17   USCIS Email & text notice-Green Card in production

08/17/17. USCIS Email & text- GC mailed. Yayy!!!

08/19/17.  NOA hardcopy received- AOS approved!

 

 

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1 minute ago, mgsanch509 said:

Thank you so much for clarifying this!

 

You have answered many questions in the past during my K1 visa process and after AOS. I love VJ and all its members! Everyone always so helpful! :)

 

I believe it will be CR2. Since I'm been married with CPR parent for less than 2 years. I married last May 18, 2018. Will they receive a Visa and need to travel USA to get GC?

Of course they would need to travel to the US to get their green cards.  Green card holders are REQUIRED to live in the US.

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