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What to do about Fiance's son ?

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Filed: AOS (pnd) Country: Philippines
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Thank you Alexandra. My fiance is in the same situation. The biological father is not listed on the BC, she was advised to enter "Unknown" for biological father on the BC, and the son carries her family's name. Based on what you have written from your experience, she should not have any issues. However, your advising that she should get a POA, did you get one? If so, where?

r/

Mac

hi Mac,

the fact that the son is under your fiancee's name & the BioFather is not listed in BC..there's no need to have the POA.

BC itself speaks out that its your fiancee who has the full custody to the child.

tell her, not to worry about anything! :thumbs:

regards,

alexandra

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Filed: K-1 Visa Country: Philippines
Timeline
hi Mac,

the fact that the son is under your fiancee's name & the BioFather is not listed in BC..there's no need to have the POA.

BC itself speaks out that its your fiancee who has the full custody to the child.

tell her, not to worry about anything! :thumbs:

regards,

alexandra

ok thank you jj1028 and alexandra! That clears up that part.

After discussing with Fiance and son, we have decided that son will follow my Fiance within the year. That will give us time to get settled and make way for him. As island_princess instructed, we will have to make sure to get the travel clearance from DSWD since he will be under 18 and traveling alone.

Now what about the process of getting a K2 for the son, and how does the 1-30 relate to that? I am confused about this part.

If I understand the process correctly. After the I-129F is approved, my fiance will get an interview and if successful they will send her K1 visa to her. Will an interview be scheduled for the son also? Is that automatic, or do we have to schedule that? And if his interview is successful, will they automatically mail him the K2? Where and how does the I-130 fit in here?

Thanks everyone for all the help :)

Mac

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hi Mac,

the fact that the son is under your fiancee's name & the BioFather is not listed in BC..there's no need to have the POA.

BC itself speaks out that its your fiancee who has the full custody to the child.

tell her, not to worry about anything! :thumbs:

regards,

alexandra

ok thank you jj1028 and alexandra! That clears up that part.

After discussing with Fiance and son, we have decided that son will follow my Fiance within the year. That will give us time to get settled and make way for him. As island_princess instructed, we will have to make sure to get the travel clearance from DSWD since he will be under 18 and traveling alone.

Now what about the process of getting a K2 for the son, and how does the 1-30 relate to that? I am confused about this part.

If I understand the process correctly. After the I-129F is approved, my fiance will get an interview and if successful they will send her K1 visa to her. Will an interview be scheduled for the son also? Is that automatic, or do we have to schedule that? And if his interview is successful, will they automatically mail him the K2? Where and how does the I-130 fit in here?

Thanks everyone for all the help :)

Mac

if you are going for a K-2 for the son, I-130 is not needed.

basically, a K-2 visa need to be issued within one year from the date the K-1 is issued.

as far as interview goes, it depends on when the son will follow to join. if it's within six months, then you would want the son to attend the interview with your fiancee. when the visa is issued, you have up to six months to enter the USA.

If you plan to have the son follow to join six months to one year after your fiancee, then you would have to schedule an interview. remember to allow enough time to schedule the interview since the k-2 will have to be issued before the end of one year from the issuance of your fiancee's K-1. If over a year, then an I-130 petition would have to be submitted for the son. that process would probably take over a year.

US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

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Filed: K-1 Visa Country: Philippines
Timeline
if you are going for a K-2 for the son, I-130 is not needed.

basically, a K-2 visa need to be issued within one year from the date the K-1 is issued.

as far as interview goes, it depends on when the son will follow to join. if it's within six months, then you would want the son to attend the interview with your fiancee. when the visa is issued, you have up to six months to enter the USA.

If you plan to have the son follow to join six months to one year after your fiancee, then you would have to schedule an interview. remember to allow enough time to schedule the interview since the k-2 will have to be issued before the end of one year from the issuance of your fiancee's K-1. If over a year, then an I-130 petition would have to be submitted for the son. that process would probably take over a year.

Thank you Roy and Yazi! That's exactly what we needed to know!

/cheer

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