If your child did not follow with a K2 Visa or CR2/IR2

Children to follow Visa Types

Many couples who chose to leave a child or children behind done so because of certain factors that came into play in their decision-making while applying for either a K1 Fiancee or a spouse visa.

In this article we would like to share some reasons why children are not included and then later the parent decides to petition the child. Learning what the visa types are and the requirements, as well as the timing of applying all, have importance.


What are some factors

There are a number of factors why a child is “not included”

  • Often times the mother’s family such as the grandparents want the kids to stay.
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  • Sometimes the biological father and his family may have important ties and want them to stay.
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  • Sometimes it would be a reason to allow the child to finish school.
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  • It could be that the US Citizen sponsor doesn’t earn enough income to include any children.
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  • Some couples want to get organized and develop their relationship then get the kids later.

Your a Legal Permanent Residence who has children?

Can a conditional permanent resident file a petition to bring their children to the United States?

Yes.  Federal regulations hold that “Unless otherwise specified, the rights, privileges, responsibilities, and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents, along with a 10-year green card holder also known as an LPR can sponsor a child or children provided they meet the requirements?

You arrived in the US as a K1 or CR1/IR1 immigrant and have children living abroad, what options do you have? See if you and your children meet the qualifications?

  • If you became a LPR now holding a 2-year Conditional residence card also known as I-551 you may qualify.
  • If you are a LPR with a 10-year parmanent residence card known as a “Green Card” you may qualify.

Do your children or son/daughter qualify?

The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter” is a person who is married or is 21 years of age or older. For additional clarification, please read the requirements listed below.

Who you can file for?

  • Children (unmarried and under 21) Your child’s children may be included on this petition.
    Visa Type: IR1 – Immediate Relative obtained through filing Application I-130.
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  • Unmarried sons and daughters (21 or over) Your son or daughter’s children may be included on this petition.
    Visa Type: F2B – Family Preference obtained through filing Application I-130.

Your now a US Citizen who has children?

The same as if you where a LPR green card holder.

  • Children (unmarried and under 21)
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  • Unmarried sons and daughters (21 or over) Your son or daughter’s children may be included on this petition.
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  • Married sons and daughters (any age) Your son or daughter’s spouse and/or children may be included on this petition.

Can my US Citizen spouse file for my children?

Yes your American husband of wife can also file, for your children that are unmarried and under the age of 21 or sons and daughters 21 and above. It doesn’t go any faster being a US Citizen and in many cases its better that the immediate relative parent be the sponsor as the child under 21 years of age would get an IR2 Visa rather than a CR2 visa which is not as beneficial.

Sons or daughter ages 21 and above would get the F2B Family Preference Visa which can take anywhere from 6-months to several years to get?