K-1 Visa Process.....Fiancee's kids that will stay in Philippines 129F question

[thenye1 0]

On the I-129F application do you still need to include the fiancee's children even though they will be remaining in the country of there origin? My sister-in-law is starting the K-1 visa process but wants to make sure that her and her husband have everything set to bring the kids over to the US in the future but not now. The family will be taking care of them. On the form it asks for the children's information but they will not be bringing them or petitioning to bring them for approximately a year. Does that particular portion on the form need to be filled out at this time?

Thank you for your help.

[pasaway na angel 2]

Yes, you need to fill in the information regarding the children as you have to declare their existence during the petition. This way, they will not have problems in petitioning for the children when the time comes.

[SuperDuper! 230]

The overriding rule of thumb is to answer ALL questions HONESTLY at ALL TIMES, and you will be fine.

[HeatDeath 430]

If any of the kids are left off of the I-129F, for ANY reason, it will SERIOUSLY JEOPARDIZE their ability to EVER get derivative status from their mother, and may cause them problems trying to get any kind of visa, ever, in addition to coming back to bite you two later on. There was a set of posts here about a year ago of a couple trying to clean up the mess after leaving one of their kids off the I-129. Don't risk it.

Answer ALL questions honestly and COMPLETELY.

[Penguin_ie 5,993]

The above are correct. On a side note, if your SIL has a husband, she cannot apply for a K1 (= fiancee) visa, she'd need to apply for a K3 or CR-1- CR-1 are generally considered superior.

[isitasham 1]

Hi,

Not only should you be including the kids in the I-129F, you should be prepared to answer all questions during the intrview, such as:

1. Why are they staying back? The CO's look at it suspiciously - how can someone leave their kids behind for a long duration even though it makes sense that the beneficiary may first want to live together and see the situation in US before getting married.

2. If you do decide to leave them behind then what arrangements have you made for them etc.?

I am not sure how fussy the Phillipine consulates are but a place like Delhi, India will grill you like crazy and look for any reason to deny......... so be prepared before you go in for the interview and it wouldn't hurt to have statements from the family who will be looking after the kids if they stay back.

The other option is to go ahead and file for them normally as they would be accompanying, but once you get the approval/visa they can stay back -- I think they will still have one year from the time that they are approved till they can enter the US. Not sure if it is from the time the petition is approved or is it the time the K-2 visa is granted.

Good Luck!

[mountaineer007 0]

On the I-129F application do you still need to include the fiancee's children even though they will be remaining in the country of there origin? My sister-in-law is starting the K-1 visa process but wants to make sure that her and her husband have everything set to bring the kids over to the US in the future but not now. The family will be taking care of them. On the form it asks for the children's information but they will not be bringing them or petitioning to bring them for approximately a year. Does that particular portion on the form need to be filled out at this time?

Thank you for your help.

"My sister-in-law is starting the K-1 visa process but wants to make sure that her and her husband" you mean her fiance?

First of all its alot easier to bring the kids to the US when they are included in the I-129F Petition. If they are included in the petition they are given exactly 1 year to follow the mother ( they r FOLLOW TO JOIN APPLICANTS ) from the time SHE recieved her visa, meaning they wont have thier interview till the mother or the petitioner will request it to happen.

But they should have their visa before the 1 yr time frame will end or they(PARENTS) will have to petition the kids separately. ( immediate relative petition )

The same thing happened to me I was a K1 applicant and I have 2 girls they were included in the petition as K3 applicants but when i got here in WV, USA as a fiancee i chosed not to take my girls with me realizing that its not a guarantee whether im gonna stay and marry my fiance and i dont want my girls to experience that uncertainty so i left them in the Philippines. Make story short everything worked out great i married my fiancee then and i went back after 9 months of stay here in the US to get my girls - and they are here in the US now for 2 yrs.

Hope this helps. GOOD LUCK!

Edited December 20, 2009 by mountaineer007

[baron555 934]

On the I-129F application do you still need to include the fiancee's children even though they will be remaining in the country of there origin? My sister-in-law is starting the K-1 visa process but wants to make sure that her and her husband have everything set to bring the kids over to the US in the future but not now. The family will be taking care of them. On the form it asks for the children's information but they will not be bringing them or petitioning to bring them for approximately a year. Does that particular portion on the form need to be filled out at this time?

Thank you for your help.

Yes list them all. On the DS-156K which is submitted at the interview is where you will list any of them that are coming with or To Follow within a year's time. If you don't list them then they aren't given a K-2. Very simple.

[Gary and Alla 3,694]

On the I-129F application do you still need to include the fiancee's children even though they will be remaining in the country of there origin? My sister-in-law is starting the K-1 visa process but wants to make sure that her and her husband have everything set to bring the kids over to the US in the future but not now. The family will be taking care of them. On the form it asks for the children's information but they will not be bringing them or petitioning to bring them for approximately a year. Does that particular portion on the form need to be filled out at this time?

Thank you for your help.

It says to list ALL children. This means ALL children.