CR2 Follow-to-Join

[bobbyA]

My wife's been here over a year now, and she met a Chinese lady who recently came on a CR1 visa. This lady friend wants to bring her 15-year-old son to live with her in America, and I told her husband to write to the consulate asking about follow-to-join from what I read.

The husband wrote the consulate:

Dear Consulate,

I am very happy that my wife (XYZ) is adjusting very well in America this past 3 months she’s been here. Now that she has settled down well, we would like to start the process to bring her son (my stepson), ABC (DOB: xxxxxxxx), to live with us in America.

I understand he can come with “follow-to-join” eligibility. Please advise what I should do next.


The consulate replied:

Dear Mr. Z:

The follow-to-join case must be filed with the U.S. Citizenship and Immigration Services (USCIS). Upon approval of the application, the case file will be forwarded to the National Visa Center (NVC) for processing. This office will start processing the follow-to-join visa application as soon as receiving the physical file from the NVC. Since we don’t have a petition regarding your stepson's visa application at present, we suggest you to contact either USCIS or the NVC if you have any questions.


From what I read, a follow-to-join process starts with the consulate. If that's not the case, how does one start the process? File a new I-130 for the child? Any advise?

Thanks!

Bobby

[dnoblett]

It is not a follow to join case, there is no derivative visa in IR-1 and CR-1 cases, the petitioner files two petitions, one for spouse and others for step children.

 

In this case the US Citizen Spouse must file an I-130 for step child, and it will work it's way through the system, and result in a visa interview at the consulate in about 9 months. They can do so because the marriage took place before step-child's 18th birth day.

 

They follow the same steps as did for spouse, including e-process at the NVC.

 

http://www.visajourn...ontent/childpet

 

Only "follow to join" cases are for K-2, and K-4 visa types where step child gets a derivative visa, and must happen within a year after parent's K-1 or K-3 visa issuance. In K-3 case when K-4 step child adjusts status the Step Parent must attach I-130 and fee for the K-4 to adjust status, and again marriage had to take place prior to 18th birthday.

[Randy W]

The confusion here is with the "follow-to-join" terminology. Since it's an informal term, the consulate is simply following your usage. Yes, the child will "follow-to-join" his mother, but, like Dan says, he cannot follow the usual K-2/K-4 "follow-to-join" procedure - the step-father must file a separate I-130 and begin that process all over again, this time for his step-son.

[bobbyA]

Gentlemen,

 

Thanks for your prompt reply and clarification I learned something today!

[david_dawei]

You'll file a CR2 in almost the exact same way you filed the CR1 for your wife... but a few small differences I can think of:

1. In the filing to USCIS, you need to send the birth certificate for proof of relationship

2. Speaking of proof of relationship, you must prove that... YOUR relationship to him... just as you should of had pictures of you and your wife together, you should show the same kind of "time together"; pictures of you and him.

 

Realize, YOU are filing for HIM... so this relationship has to be established with evidential proof... if your not chatting online in emails.... time to start... Like I said: Generally think the same proof as you did for your wife.

[dan_ling]

I think that you may also need an approval letter from the birth father that it is OK for the son to leave the country or evidence that the wife has sole custody of her son. This one was difficult for my friend when filing the CR-2 for his step-daughter. Good luck.

[dnoblett]

Typically the letter and custody issue comes up at interview it is not required to file the petition.

 

I have seen in some cases where having to wait for child to reach age 18 at which point custody is not an issue.