Transcript of the above: 

It sort of came to the forefront of my mind in recent weeks that I hadn't done a video in quite some time regarding the derivative visas that are available out there for children of either applicants for things like the K-1 Fiancé(e) Visa or the K-3 Marriage Visa, but also it is worth pointing out that there are effectively “sort of” derivative visas for the children of the seeker of a CR-1 or IR-1 Visa. 

Now the title of this video says derivative visas. That is not strictly speaking true because actually if married prior to the 18th birthday of the child, if the couple is married that is seeking the immigration benefits, the child-parent relationship or I should say stepchild-stepparent relationship between the child and the parent exists independently of the marriage itself. So it's important to point that out. These aren't strictly speaking derivative visas notwithstanding the title of the video, but they are a Visa for the stepchild of a US citizen or in some cases a Lawful Permanent Resident. But at the end of the day, what I am talking about here, is we will often see these cases process in tandem with the spouse of an American citizen who is seeking either an IR-1 or CR-1 Visa. So that is the important thing to understand there. Again it generally falls under the IR-2 category, Immediate Relative 2, where they are the stepchild of an American citizen. 

Now much like with the Immigrant Spouse Visas, we are dealing with the I-130 petition, so again it is an independent relationship. The interesting thing about this is if married prior to the 18th birthday of the child, if the couple is married, if there is a subsequent divorce, the actual parent-child relationship or stepparent-stepchild relationship exists independently of the marriage, so that Visa can still be sought notwithstanding those circumstances. 

That being said, basically the thing to understand is they do file and operate independently; they are not technically derivatives so they will be looked at independently. Sometimes they may even process in a different timeline than their parent, although we strive drive to keep these cases kind of in tandem and process them through at the same time. Sometimes the underlying facts in the given case cause the timelines to become wildly out of alignment. That said again we strive to keep them together in the hopes that they can interview together and they can process through together. That being said, they technically are independent petitions, and they process as such. 

For those who find themselves a bit overwhelmed by the entire immigration process, for those who are not yet married, and wondering is it a good idea to get married and seek a Marriage Visa or a better idea to seek a Fiancé(e) Visa, the analysis and the conclusions on that are going to depend heavily on the underlying facts in the given case. It is probably not a bad idea to contact a legal professional, gain some insight and guidance into how best to proceed.