134 and 156 children question

[huge316 0]

Ok I need some experienced advice on the 156 and I134 forms. It asks to list persons who will accompany or follow to join, her children will likely not come for 2 or 3 years as they will stay in Thailand with her mom for now. Should I list them on the form or put none as we have to fill out a separate visa for them later anyway since they won't be coming in the year timeframe. Anyone have experience in this yet?

Thanks,

Steve

[eric_and_teresa 10]

If they are not traveling WITH her at the time she enters with her K-1 then you should not include them.

[YuAndDan 153]

DS-230 has a place to list children accompanying now and later (21a and 21b)

Also you don't count them on form I-134 either, because you are not supporting them in the USA.

[eric_and_teresa 10]

Not all Consulates require to complete DS-230 when applying for a K-1, so if you are only filling out DS-156 and I-134 do not include the children.

[Eric-Pris 1,606]

Ok I need some experienced advice on the 156 and I134 forms. It asks to list persons who will accompany or follow to join, her children will likely not come for 2 or 3 years as they will stay in Thailand with her mom for now. Should I list them on the form or put none as we have to fill out a separate visa for them later anyway since they won't be coming in the year timeframe. Anyone have experience in this yet?

Since they won't be coming within 1 year, you'll have to re-apply all over again for them (as you already know).

DS-230 asks you to "LIST ALL CHIILDREN". I'm pretty sure you have to list them there whether they are coming or not, ever. It's a bio data form.

DS-156K asks you to list ALL children and check whether they will accompany you or follow later. I don't know what "later" means exactly (less than 1 year or anytime in the future). You should list all the kids and check the appropriate boxes.

You should definitely call and ask the embassy. We can all give you our opinions but they are just opinions. I'd call the embassy.

[eric_and_teresa 10]

DS-156K asks you to list ALL children and check whether they will accompany you or follow later. I don't know what "later" means exactly (less than 1 year or anytime in the future). You should list all the kids and check the appropriate boxes.

You should definitely call and ask the embassy. We can all give you our opinions but they are just opinions. I'd call the embassy.

I disagree. DS-156 does not ask to list ALL children. Question # 34: Names and relationships of persons traveling with you. On this form you ONLY have to write the names of children and other relatives traveling with you when you use the K-1.

DS-156K requires to list all children whether they travel with you or follow later. In the OP's case the kids will follow later. Later means later.

IMO, there is nothing confusing about those 2 forms, they are very clear and simple.

[eric_and_teresa 10]

DS-156K requires to list all children whether they travel with you or follow later. In the OP's case the kids will follow later. Later means later.

IMO, there is nothing confusing about those 2 forms, they are very clear and simple.

I'm sorry, just wanted to correct this part of my own post: Will follow later, in the DS-156K means, follow to join whithin 1 year after the K-1 holder Visa issuance.

Nonimmigrant Visa for a Fiance(e) (K-1)

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required. Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

US Department of State

[Eric-Pris 1,606]

I disagree. DS-156 does not ask to list ALL children. Question # 34: Names and relationships of persons traveling with you. On this form you ONLY have to write the names of children and other relatives traveling with you when you use the K-1.

I don't think I ever said that DS-156 asks to list all children. I said DS-230 does. Go back and read my post.