Do children who migrate with me during marriage immigration need to wait in the United States?

CR1 The spouse of a U.S. citizen who has been married for more than two years, and the unmarried children under the age of 21 are CR2

IR1 The spouse of a U.S. citizen who has been married for more than two years, and the unmarried children under the age of 21 are CR2 IR2

US citizens living in the United States can only submit CR/IR applications at the regional immigration service center where they live, and 001 is called foreign CR1/CR2/IR1/IR2.

If a U.S. citizen is working or studying in China and has a Chinese residence permit, he or she can apply for a DCF Visa (Direct Consular Filing) at the U.S. embassy or consulate in China (Beijing, Shanghai, Shenyang, Chengdu, Guangzhou). The 001 is called domestic CR1. /CR2 or domestic IR1/CR2 (Chinese)/DCF (English), please refer to "Domestic CR1/CR2/IR1/IR2 Visa Guide".

CR1/IR1/DCF is an immigrant visa. After entering the United States , within 4-8 weeks, you can receive the two-year conditional green card (if it is less than two years from the wedding date to the date of entry) / ten-year green card (more than two years from the wedding date to the date of entry) sent by the Immigration Bureau at home in the United States. .

CR1 Before or during the interview, if you have been married for two years, the immigration officer will automatically convert your CASE from CR1 to IR1, which means that you must get a ten-year green card after entering the country. If CR1 has been married for two years when entering the country, the immigration officer at the immigration office may not issue a ten-year green card. It may be a two-year conditional green card. In this case, you need to fight with the immigration officer in time. If you fail to convince the immigration officer, the immigration officer will still issue a two-year green card. If you have a conditional green card for 10 years, you can apply to the Immigration Bureau for a ten-year green card after entering the country.

Children:

U.S. citizens can apply for CR2/IR2 visas for your children (stepchildren of U.S. citizens) at the same time. However, you cannot apply for a visa in the following situations and can only wait for you to enter. After you become a U.S. citizen, you can apply for F1/F3 visas for your children, their spouses, and their children. You cannot apply for any visas for your children:

a. When you marry a U.S. citizen, The child is over 18 years old.

b. The child is over 21 years old at the time of application.

[The "Children's Identity Protection Act" signed by President Bush on August 6, 2002 made changes to the calculation method of children's age, click to view details]

CR1/IR1 cannot automatically With CR2/IR2, you need to fill out a separate application form and pay an additional application fee for the child.

If the child is a biological child of a U.S. citizen and you, and the American fiancé has lived in the United States for more than 5 years, the child can automatically Once you become a citizen, a U.S. citizen can go directly to the United States to apply for a U.S. passport for your child and go directly to the United States with you. Otherwise, the child is not a U.S. citizen, and a separate application form and application fee need to be filled in for the child. CR1 cannot be brought back to CR2.

Click to view the relevant regulations (in English) on the official website of the US Citizenship and Immigration Service regarding applications for US passports for children of US citizens born overseas.

Click to view the procedures for applying for a U.S. passport for children of U.S. citizens born overseas (Chinese).

After the foreign CR1/IR1 application is accepted by the Immigration Bureau, that is, after receiving the P1, you can apply K3/K4, in order to enter the United States for reunion in advance, continue to wait for CR/IR visa in the United States, or directly change status in the United States to apply for a green card, please click to view the relevant K3/K4 visa information.

Apply for overseas CR1/CR2/ Conditions for IR1/IR2 visa:

1. Conditions for foreign CR1/IR1 visa:

1) The spouse of the Chinese applicant must be a U.S. citizen. Green card residents cannot apply for the Chinese spouse. CR1/IR1 visa;

2) If a U.S. citizen previously obtained green card status through marriage immigration, one of the following three conditions must be met:

a. Obtain a green card ( Conditional green card or ten-year green card can be used) for 5 years before applying for CR1/IR1 for the new Chinese wife;

b. Or, provide sufficient proof to prove that the previous marriage that obtained U.S. status is genuine and meets the requirements. Immigration laws;

c. Alternatively, provide the death certificate of the former spouse that indicates that the previous marriage to obtain U.S. status ended due to the death of the spouse;

3) The U.S. citizen is willing to provide Chinese applicants serve as financial guarantees and guarantee to the U.S. government that they will support the Chinese applicants’ life in the U.S. and will not increase the burden on the U.S. government.

2. Conditions for Chinese applicants’ minor children to apply for CR2/IR2 visas:

1) When a Chinese applicant marries a U.S. citizen, the Chinese applicant’s children are under the age of 18

2) Children of Chinese applicants must be under 21 years old and unmarried.

3) For children adopted by Chinese applicants, the adoption relationship must be established before the adopted child reaches the age of 16, and the Chinese applicant has lived with the adopted child for more than two years with legal custody, and the adopted child must Under 21 years old and unmarried.