K2 query

[nienna 0]

I was intending to take my son with me if I get the visa and have included his name on the forms including the I-134, but circumstances have changed and he will remain with his father for a couple of years or maybe longer.

I have not yet had my interview but am wondering if I should get my fiance to fill out a new I-134 without my son's name on it as we definitely won't be applying for a K2 for him at this time, or should I just leave it as it is and write a letter explaining to the Embassy people that he won't be accompanying or following on?

Any advice greatly appreciated.

[Bobby+Umit 161]

I was intending to take my son with me if I get the visa and have included his name on the forms including the I-134, but circumstances have changed and he will remain with his father for a couple of years or maybe longer.

I have not yet had my interview but am wondering if I should get my fiance to fill out a new I-134 without my son's name on it as we definitely won't be applying for a K2 for him at this time, or should I just leave it as it is and write a letter explaining to the Embassy people that he won't be accompanying or following on?

Any advice greatly appreciated.

Get a new one.

It's an official document, and needs to reflect the accurate count of people on it.

[Gary and Alla 3,694]

I was intending to take my son with me if I get the visa and have included his name on the forms including the I-134, but circumstances have changed and he will remain with his father for a couple of years or maybe longer.

I have not yet had my interview but am wondering if I should get my fiance to fill out a new I-134 without my son's name on it as we definitely won't be applying for a K2 for him at this time, or should I just leave it as it is and write a letter explaining to the Embassy people that he won't be accompanying or following on?

Any advice greatly appreciated.

Hedge your bets. List your son in the petition, I assume you already did this. On your documents note that he will be "following later". If he is not coming at this time, he does not need to be included in the I-134. He can follow you on the K-2 visa within 1 year of the date or your visa issuance. This way you are covered for one year, why not? No extra charge.

If you go beyond one year, you have to petition him on a IR-1 visa and those can take years. If it is at all possible, have him come within a year, adjust status and then he can go back and forth. If he does this, get an AP if her will be out of the country for more than one year.

[payxibka 10,045]

I was intending to take my son with me if I get the visa and have included his name on the forms including the I-134, but circumstances have changed and he will remain with his father for a couple of years or maybe longer.

I have not yet had my interview but am wondering if I should get my fiance to fill out a new I-134 without my son's name on it as we definitely won't be applying for a K2 for him at this time, or should I just leave it as it is and write a letter explaining to the Embassy people that he won't be accompanying or following on?

Any advice greatly appreciated.

and things could change again and you may wish to excersise follow-to-join... if there is not an issue of financial support ability... then why not just hedge

[nienna 0]

Thank-you Bobby_Umit, I'll do that. Does it matter that his name was on the I-129F? I think I had to include his name on that regardless of whether he was coming or not (I think)

[nienna 0]

Thanks Gary and Alla and Payxibka The thing is, I've been very unsure of whether to take him or not, if I include him he'll have to go through the trauma of attending a medical in London and he has Asperger's Syndrome and gets very anxious. He also has good school support here and won't be able to get that in the States. Also, his father does not want him to go and I doubt he'd cope being torn away from all he knows. He is happy here and wants to stay with his father who also doesn't want him to go.

His father will bring him on holiday to visit so I'll see him, I just wanted the option there so he could follow on after if he wanted to, but I am not sure what to do for the best