Fiance will process K1 visa,should I process our 4month old kid the K2 visa?

[KayDeeCee 4,893]

No I am not wrong, if the children are USC they do not need to be listed on the I-129F, only foreign children of the beneficiary need be listed, as this is a petition for a visa and USC are not eligible for a visa to the USA.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#15

Where does it say if the children of the foreign fiance(e) qualify for US citizenship, then do not list them as a child of the foreign fiance(e)? What you linked says separate petitions are not needed for the children that may require a K-2 visa to travel with the foreign fiance(e) parent.

ALL children of the foreign fiance(e) are asked for on the I-129F. That is what the form states. So, even if a child is not a USC and will not be applying for a K-2 to immigrate with the parent, they are still listed on the I-129F. I do not see how the fact that her child qualifies for a US passport changes the question.

The I-129F is a USCIS petition. It is not an application for a visa. A child listed on the I-129F petition does not mean the child will absolutely be applying for a visa. Applying for a visa is a separate process. If a child listed on the I-129F does not need a visa, then they will not apply for one when the time comes for the parent to file for the K-1 visa. The K-1 visa applicant will not fill out the required separate DS-160 for the child, if they were to apply, and they will not list the child as accompanying them or following to join on their own DS-160 because the child will not be needing a visa of their own from the Dept. of State. When their USC fiance(e) goes to their country to travel to the US with them, they are also not listed on the form as a travel companion.

When it asks about their children under the Family section of the form, then they can list the child and state it will be traveling with them. I am sure they will tell the CO the child is a USC with a US passport and not in need of a visa.

Edited July 9, 2014 by KayDeeCee

[KayDeeCee 4,893]

I believe, without looking at the form, there are two spots to list children. One states to list all children and one states to list children who will accompany or follow-to-join. Read the instructions carefully. You have to list the children, even his, where it says to list all children. Also you need to be clear which process you are following. Are you a fiancé or a spouse. It is different forms and procedures depending on if you are married or just engaged.

Nope, just one place on the I-129F to list the children of the alien fiance(e) and it states to list them all.

[Hank_ 9,174]

Where does it say if the children of the foreign fiance(e) qualify for US citizenship, then do not list them as a child of the foreign fiance(e)? What you linked says separate petitions are not needed for the children that may require a K-2 visa to travel with the foreign fiance(e) parent.

ALL children of the foreign fiance(e) are asked for on the I-129F. That is what the form states. So, even if a child is not a USC and will not be applying for a K-2 to immigrate with the parent, they are still listed on the I-129F. I do not see how the fact that her child qualifies for a US passport changes the question.

The I-129F is a USCIS petition. It is not an application for a visa. A child listed on the I-129F petition does not mean the child will absolutely be applying for a visa. Applying for a visa is a separate process. If a child listed on the I-129F does not need a visa, then they will not apply for one when the time comes for the parent to file for the K-1 visa. The K-1 visa applicant will not fill out the required separate DS-160 for the child, if they were to apply, and they will not list the child as accompanying them or following to join on their own DS-160 because the child will not be needing a visa of their own from the Dept. of State. When their USC fiance(e) goes to their country to travel to the US with them, they are also not listed on the form as a travel companion.

When it asks about their children under the Family section of the form, then they can list the child and state it will be traveling with them. I am sure they will tell the CO the child is a USC with a US passport and not in need of a visa.

No it is not an application for a visa, it is a petition seeking authorization to apply for a visa - that is what the I-129F is.

So with your reasoning a person (beneficiary) being petitioned who has adult, married children needs to list those children on the I-129F? I don't think so. The wording that I underlined does not infer that all children must be listed on the I-129F no matter what, it says IF they want to be eligible to apply for a visa they must be listed.... not listed - not eligible.

"No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. "

There is no harm in listing them, but that is not what is actually be asked.

[KayDeeCee 4,893]

What you keep linking to and quoting is an answer to this question: Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

The answer is no. The I-129F petition is the petition for the foreign fiance(e). A K-2 is a derivative visa based on the K-1 and so there is no need for separate petitions to be filed, unlike someone needing to file separate I-130 petitions for family members.

If a foreign fiance(e) has older children that will not be applying for a K-2, then yes, they should still be listed on the I-129F petition where it asks. The form asks for ALL children to be listed. It does not specify that only those that will want a K-2 should be listed. It does not state on the form itself, or in the instructions. It literally states all, so I suggest people follow what the form asks for and list all. I personally disagree that the term all excludes some.

The FAQ here on VJ says all unmarried ones under 21, "If your fiance(e) has unmarried children under 21, they can move to the US also. List all children under age 21 on the I-129F petition, whether or not they are going to move to the United States." http://www.visajourney.com/faq/k1k2visa-I129f.html

Also if you search, you will see this has been asked plenty of times. Consensus is to follow what the form says and list all. Here are just two of the many, one recent from this year, and one from back in 2007 >

http://www.visajourney.com/forums/topic/491453-i-129f-question-regarding-children/

http://www.visajourney.com/forums/topic/68403-adult-children-on-i-129f/