Which process is easiest

[Ontarkie 13,947]

2 hours ago, Mike E said:

 

 

My understanding is there no chance of age out at say age 17, 11 months and 2 weeks because there there is enough time to book a flight, apply for a marriage license, and marry before the older child reaches age 18.  If so, this creates a qualifying step parent / stepchild relationship.
 

The unmarried stepchild then qualifies as as immediate relative of a U.S. citizen and is eligible for an IR-2 or CR-2 visa provided an I-130 is filed for before child reaches age 21. The age for an IR-2 or CR-2 is locked in.

 

K-1 is appropriate when the children are age 18-20.

 

So when we talk about CR-1 for the foreign spouse, we are also talking about the step parent filing I-130 to get step child a CR-2 visa.

 

CR-1 and CR-2 holder should enter the U.S. 2 or more years after marriage to avoid I-751.

 

 

That's right. I don't know why I always think they have to enter before 18 too. 

[mikeyp123 15]

4 hours ago, Mike E said:

Thank you. One more question. You keep making reference to the I-751. This didn’t come into play when I did my wife’s provisional waiver/IR-1 because we were already married for longer than 2 years. Is there a reason I would have them avoid this aside from having to pay another fee?

 

My understanding is there no chance of age out at say age 17, 11 months and 2 weeks because there there is enough time to book a flight, apply for a marriage license, and marry before the older child reaches age 18.  If so, this creates a qualifying step parent / stepchild relationship.
 

The unmarried stepchild then qualifies as as immediate relative of a U.S. citizen and is eligible for an IR-2 or CR-2 visa provided an I-130 is filed for before child reaches age 21. The age for an IR-2 or CR-2 is locked in.

 

K-1 is appropriate when the children are age 18-20.

 

So when we talk about CR-1 for the foreign spouse, we are also talking about the step parent filing I-130 to get step child a CR-2 visa.

 

CR-1 and CR-2 holder should enter the U.S. 2 or more years after marriage to avoid I-751.

 

 

 

4 hours ago, Mike E said:K

Edited September 19, 2023 by mikeyp123

[Mike E 11,725]

7 hours ago, mikeyp123 said:

This didn’t come into play when I did my wife’s provisional waiver/IR-1

1. What is a provisional waiver?

 

2. Are talking about you or your friend?

 

3. is subject we are discussing married, or not married?

 

 

 

 

[mikeyp123 15]

1 hour ago, Mike E said:

1. What is a provisional waiver?

 

2. Are talking about you or your friend?

 

3. is subject we are discussing married, or not married?

 

 

 

 

Sorry I was just referencing my own case from years ago, which didn’t need I-751. Got off topic for a sec. The question  was, why there was emphasis on avoiding I-751. Is it just to avoid paying another filing fee, or does it make things more difficult?

Edited September 19, 2023 by mikeyp123

[DaveAndAnastasia 2,079]

7 hours ago, mikeyp123 said:

The question  was, why there was emphasis on avoiding I-751. Is it just to avoid paying another filing fee, or does it make things more difficult?

It can make things more difficult. It's all but guaranteed that you will not get your 10-year green card before your 2-year green card expires, which means the only proof of legal residence you'll have will be the extension letter.

 

Usually that's not a big deal, but that can sometimes cause inconvenience particularly when dealing with people or companies not experienced with immigration processes.

[mikeyp123 15]

2 minutes ago, DaveAndAnastasia said:

It can make things more difficult. It's all but guaranteed that you will not get your 10-year green card before your 2-year green card expires, which means the only proof of legal residence you'll have will be the extension letter.

 

Usually that's not a big deal, but that can sometimes cause inconvenience particularly when dealing with people or companies not experienced with immigration processes.

Awesome explanation. Thank you.

[mikeyp123 15]

On 9/19/2023 at 6:20 AM, Mike E said:

1. What is a provisional waiver?

 

2. Are talking about you or your friend?

 

3. is subject we are discussing married, or not married?

 

 

 

 

 

On 9/19/2023 at 3:07 PM, DaveAndAnastasia said:

It can make things more difficult. It's all but guaranteed that you will not get your 10-year green card before your 2-year green card expires, which means the only proof of legal residence you'll have will be the extension letter.

 

Usually that's not a big deal, but that can sometimes cause inconvenience particularly when dealing with people or companies not experienced with immigration processes.

So another piece of information regarding the couple. The biological father of the children is living in the United States. Does this change anything as far as his consent regarding the children immigrating with the mother. 
 

Also another person mentioned older children 18-20 being a better option for K-1/K-2 visas. Why is this? Thank you for all of your help. 

[Boiler 43,683]

On what basis?

[Mike E 11,725]

49 minutes ago, mikeyp123 said:

Does this change anything as far as his consent regarding the children immigrating with the mother.

It weakens his case in family court if he denies consent, but I doubt DoS is going to issue visas without consent or a court order granting full custody.

49 minutes ago, mikeyp123 said:

Also another person mentioned older children 18-20 being a better option for K-1/K-2 visas. Why is this? Thank you for all of your help. 

For immigrant purposes a step child is not a child of a U.S. citizen, unless parent and step parent married before child reached age 18.

 

Whereas a K-2 child who enters U.S. before age 21 can adjust status if K-1 snd step parent marry within 90 days of K-1 entering U.S.