Answering Yes or no for Child to follow question - HELP!!!

[YnaYeBa0808 0]

HI guys maybe someone can help me here. ive only gotten one answer and would like a consensus if that is not too much to ask...

The USE or DS156K asks for names of the children of the beneficiary. followed by the question accompanying and another to follow...

situation is, we plan for the child to follow or visit us as he wishes. we think that in the future when he is 13-16, he can make a better decision as to whether he wants to follow here in the states or come in for visits. I know within a year of my Fiance's approval the child gets derivatory status but we are not going to take advantage of that. so should we still check yes to answer the to follow question?

Second question, since this is not a K2 visa application as well, do we still need to bring the birth certificate of his son to the interview? we have filed a request with the NSO to provide us with Certified birth certificates but after a month of waiting, they come back to us with a negative response saying that they ahve searched their database as well as the physical archives yet found no record of the certificate itself. I find this so weird for them not to have it...

im worried how this will affect our interview. Good News (i think) we have the original birth certificate but i dont think it would be wise to submit the one and only copy of his child's birth certificate. Im thinking to bring the original b/c with us and make a photocopy, show the consulate the original but submit the photocopy instead... Bad news, my fiance's (the birth father) name was not included in the B/C as decided upon by his ex. Good news, we have a public document (notarized and signed by both my fiance and his ex) stating that he is the father of the child. I dont know, this is a whole mess right now. Help

i just want to be prepared and maybe some person with similar experiences can shed light to our situation. thanks guys for taking the time to read this

Edited September 20, 2006 by YnaYeBa0808

[trey 0]

A little difficult to follow what you are asking but I'll stake a stab at it.

You are petitioning to bring your fiancee here but not her child, right? Your intent is to have the child visit or move here in the future when he is older if he wishes? Did you include the child's name on the original I-129F petition? I am unsure if you need to include the child's name on the form DS156K if you are not going to utilize the K-2. And I don't believe you will need the child's birth certificate at the interview if you don't intend for him to accompany or follow within the one year period allowed on the K-2. But here's the clincher: The child WILL need a birth certificate to get a passport/visa to come here at a later time. In a number of years (5, I think) your spouse will be able to petition for her son to come here and live (much like you did for your fiancee), but the chances of him getting a tourist visa to come here for a visit are slim or none. The US embassy in the Philippines has a thing against granting tourist visas to USA unless there is solid evidence that they will return. ie: prestigious position, large business owner, rich, etc. One reason why filipinos make up the second lowest number of illegal immigrants in USA. If I was in your shoes, I would take along the child's birth certificate and copy just in case the consulate wants to see them. He will ask if the child will accompany or follow and your fiancee will want to say she will petition for him in the future. He is a child. He belongs with his mother (and new dad). I don't understand why your fiancee does not bring him here when she comes. But that was not a subject of your questions.

I hope this helps and I wish you both the best

HI guys maybe someone can help me here. ive only gotten one answer and would like a consensus if that is not too much to ask...

The USE or DS156K asks for names of the children of the beneficiary. followed by the question accompanying and another to follow...

situation is, we plan for the child to follow or visit us as he wishes. we think that in the future when he is 13-16, he can make a better decision as to whether he wants to follow here in the states or come in for visits. I know within a year of my Fiance's approval the child gets derivatory status but we are not going to take advantage of that. so should we still check yes to answer the to follow question?

Second question, since this is not a K2 visa application as well, do we still need to bring the birth certificate of his son to the interview? we have filed a request with the NSO to provide us with Certified birth certificates but after a month of waiting, they come back to us with a negative response saying that they ahve searched their database as well as the physical archives yet found no record of the certificate itself. I find this so weird for them not to have it...

im worried how this will affect our interview. Good News (i think) we have the original birth certificate but i dont think it would be wise to submit the one and only copy of his child's birth certificate. Im thinking to bring the original b/c with us and make a photocopy, show the consulate the original but submit the photocopy instead... Bad news, my fiance's (the birth father) name was not included in the B/C as decided upon by his ex. Good news, we have a public document (notarized and signed by both my fiance and his ex) stating that he is the father of the child. I dont know, this is a whole mess right now. Help

i just want to be prepared and maybe some person with similar experiences can shed light to our situation. thanks guys for taking the time to read this

[Yodrak 7]

YnaYeBa,

If the child will apply for a K2 visa along with you, which means that they will have 6 months to enter the USA after the visas are issued, check 'Yes' for 'Will Accompany' and 'No' for 'Will Follow'.

If the child will apply for a K2 visa at some future date that will allow the visa to be issued within 1 year of the date that your visa is issued, check 'No' for 'Will Accompany' and 'Yes' for 'Will Follw'.

If the child will not apply for a K2 visa, check 'No' for both.

If there is any chance that you may change your mind about your current plan (you may feel a bit different after you've been in the USA without your child for a while), consider taking the 2nd option to check 'Yes' for 'Will Follow'. This is not a commitment, and letting the option expire should not have any negative consequences for future immigration, but it may have negative consequences for a future B or other non-immigrant visa.

Yodrak

HI guys maybe someone can help me here. ive only gotten one answer and would like a consensus if that is not too much to ask...

The USE or DS156K asks for names of the children of the beneficiary. followed by the question accompanying and another to follow...

situation is, we plan for the child to follow or visit us as he wishes. we think that in the future when he is 13-16, he can make a better decision as to whether he wants to follow here in the states or come in for visits. I know within a year of my Fiance's approval the child gets derivatory status but we are not going to take advantage of that. so should we still check yes to answer the to follow question?

Second question, since this is not a K2 visa application as well, do we still need to bring the birth certificate of his son to the interview? we have filed a request with the NSO to provide us with Certified birth certificates but after a month of waiting, they come back to us with a negative response saying that they ahve searched their database as well as the physical archives yet found no record of the certificate itself. I find this so weird for them not to have it...

im worried how this will affect our interview. Good News (i think) we have the original birth certificate but i dont think it would be wise to submit the one and only copy of his child's birth certificate. Im thinking to bring the original b/c with us and make a photocopy, show the consulate the original but submit the photocopy instead... Bad news, my fiance's (the birth father) name was not included in the B/C as decided upon by his ex. Good news, we have a public document (notarized and signed by both my fiance and his ex) stating that he is the father of the child. I dont know, this is a whole mess right now. Help

i just want to be prepared and maybe some person with similar experiences can shed light to our situation. thanks guys for taking the time to read this

Edited September 21, 2006 by Yodrak

[YnaYeBa0808 0]

A little difficult to follow what you are asking but I'll stake a stab at it.

You are petitioning to bring your fiancee here but not her child, right? Your intent is to have the child visit or move here in the future when he is older if he wishes? Did you include the child's name on the original I-129F petition? I am unsure if you need to include the child's name on the form DS156K if you are not going to utilize the K-2. And I don't believe you will need the child's birth certificate at the interview if you don't intend for him to accompany or follow within the one year period allowed on the K-2. But here's the clincher: The child WILL need a birth certificate to get a passport/visa to come here at a later time. In a number of years (5, I think) your spouse will be able to petition for her son to come here and live (much like you did for your fiancee), but the chances of him getting a tourist visa to come here for a visit are slim or none. The US embassy in the Philippines has a thing against granting tourist visas to USA unless there is solid evidence that they will return. ie: prestigious position, large business owner, rich, etc. One reason why filipinos make up the second lowest number of illegal immigrants in USA. If I was in your shoes, I would take along the child's birth certificate and copy just in case the consulate wants to see them. He will ask if the child will accompany or follow and your fiancee will want to say she will petition for him in the future. He is a child. He belongs with his mother (and new dad). I don't understand why your fiancee does not bring him here when she comes. But that was not a subject of your questions.

I hope this helps and I wish you both the best

hi trey and Yodrak! thanks for giving sound advice with regards to our case. it was pretty much the advice i was looking for. i guess there was confusion in my identity... im going to be the stepmom...hehe im a girl. i agree the child belongs with the mother that is why my future husband and i decided to give his son enough time to be with his mom. the situation at hand with the ex g/f is kinda messy so biving it a year to settle custody even if it is a shared one would take quite a while. His son knows though and we have promised him that by 16 we will fix his visa and he will have privilages to come to the united states...even as a tourist or v or I-130 visa. =) we've never broken our promises to the kid.... and we do plan to come and visit him and spend time with him.

just to be safe, i think we will just take the original b/c as well as copies of it to the interview should the NSO not be able to provide us with a certified copy. i remember reading that they can return important documents to you if you need it back and make sure to bring photocopies... so thats just what we are going to do.

Thank you so much guys for shedding some light into my situation!

yna