Adding children to your initial visa application

[Stevi_09 5]

Hi,

 

Im currently going through CR1 process. At the moment we are waiting for NVC to DQ our documents. 

I am the only one on the initial petition but I have two children and read that I maybe able to add my children to my application once I have been given an interview date. I’m unsure how accurate this is.

 

Does anyone know if there is a chance I can add my children to my CR1 this far into the immigration process or am I required to do another CR1 application for them?

 

Thanks Steve 

 

[Redro 4,600]

For immediate relatives of a USC, separate petitions need to be filed. 

You cannot "add" your children to the interview. They will be going through their own process, and I believe they will receive their own interviews. 

[Just Paul 4,591]

Derivatives are not allowed for a CR1/IR1. Each immigrant needs an I-130 filed with USCIS.  You can not add them with just the Department of State.  If they are your children by blood then you may be able to obtain a CRBA if you have spent enough time in the US.

[pushbrk 12,119]

5 hours ago, Kor2USA said:

For immediate relatives of a USC, separate petitions need to be filed. 

You cannot "add" your children to the interview. They will be going through their own process, and I believe they will receive their own interviews. 

It's not totally clear but as I read this, the member posting in the foreign spouse, and the children are the US Citizen's step children.  If not, please clarify.

 

Note that "your original visa application" is an incorrect term.  The US Citizen filed a petition for their foreign spouse. When the petition was approved the foreign spouse started applying for a visa.  If the foreign spouse has children, who were under 18 at the time the marriage occurred, and the US Citizen wants to bring them to the USA with their mother, the US Citizen files a petition (I-130) for EACH intending immigrant.  If he wants all three to come together, he needs to file the petitions for the children now, and hold on the wife's process until the children catch up.

 

 

[Redro 4,600]

13 minutes ago, pushbrk said:

It's not totally clear but as I read this, the member posting in the foreign spouse, and the children are the US Citizen's step children.  If not, please clarify.

 

Note that "your original visa application" is an incorrect term.  The US Citizen filed a petition for their foreign spouse. When the petition was approved the foreign spouse started applying for a visa.  If the foreign spouse has children, who were under 18 at the time the marriage occurred, and the US Citizen wants to bring them to the USA with their mother, the US Citizen files a petition (I-130) for EACH intending immigrant.  If he wants all three to come together, he needs to file the petitions for the children now, and hold on the wife's process until the children catch up.

 

 

Yes, in terms of the I-130- it appears if the children are stepchildren OR the children of both the USC and the intending immigrant (but are not able to claim US citizenship through the USC) they qualify as "immediate relatives" and separate petitions need to be filed if they plan on immigrating to the States. 

I believe this is different if the petitioner is a LPR- the children can be included as derivatives (but I am not sure when they are included in the petition- I would think this would happen at the NVC stage, not the actual interview). 

Edited October 25, 2021 by Kor2USA
added image of I-130 application