Obtaining B2 Visa for Child during K1 process for Visitation

[Mobius 0]

Hello helpful people:

We are in the early stages of our K1. I am a US citizen, my fiance is Mexican. After we are married, my fiance plans on residing with me in the U.S. He has a 7 yr old daughter out of wedlock from a previous relationship. She lives full time with her mom in Mexico City. The child visitation arrangement is in good faith; no written agreement and no lawyers were involved when they broke up. My fiance is stated as the father on her birth certificate and has been very involved in his daughter's life and wants to be sure she will be able to come to the US to visit during vacations and holidays. He will also be going back to visit her a few times a year.

I heard in Mexico the residing parent needs to sign the passport and you need to provide other documentation like school enrollment to show that the child is indeed returning to Mexico. Another wrinkle, the mother is not too keen on her leaving for visits. The mom is also planning on getting married later this year.

Would it be better for him to try to have his daughter apply for the B2 Visa now, before we are married? Or should we wait until after he has his AOS/AP? Thank you for your insights.

Edited May 5, 2008 by Mobius

[Zee Bee 61]

Since you are going for the K1 I am assuming that your fiance lives in Mexico..

When you apply for the B2 for his daughter they are going to ask for the reason for the visit. If there is no reason, then I don't think it will be approved.

I say better to wait until your fiance gets here and then apply for the B2.