Aknowledging Child in I-129F Petition

[Chloe2LA 0]

I am the US citizen petitioner. My Chinese fiancee's child is from her ex-bf and is now with him in Europe and we doubt there is a chance for us to gain custody when we marry and live in the US. To complicate matters, she had the baby while separated (not legally divorced) from her ex-husband (different man than ex-bf). She believes it is against the law in China to have a child by another man while in wedlock with someone else. Also, she does not have the birth certificate and would have to fly to another city to get another copy in person. We want to have the highest probability of getting the K1 Visa for her, even if it means leaving her baby off the I-129F application.

So here are our questions:

1) Do we have to mention the baby's name on the I-129F?

2) If we include the baby on the form, will we need to show proof of baby's birth even if we are not seeking a visa for the child?

3) If we exclude the baby from the I-129F, will we be able to file the K-4 later if by some chance the father allows us to bring her to the US?

4) Will the embassy scrutinize the birth of the baby because of the local Chinese law?

5) Will the embassy scrutinize my fiancee because of the conditions under which she had the child?

Thank you for your response to any and all questions.

[Gary and Alla 3,694]

I am the US citizen petitioner. My Chinese fiancee's child is from her ex-bf and is now with him in Europe and we doubt there is a chance for us to gain custody when we marry and live in the US. To complicate matters, she had the baby while separated (not legally divorced) from her ex-husband (different man than ex-bf). She believes it is against the law in China to have a child by another man while in wedlock with someone else. Also, she does not have the birth certificate and would have to fly to another city to get another copy in person. We want to have the highest probability of getting the K1 Visa for her, even if it means leaving her baby off the I-129F application.

So here are our questions:

1) Do we have to mention the baby's name on the I-129F?

2) If we include the baby on the form, will we need to show proof of baby's birth even if we are not seeking a visa for the child?

3) If we exclude the baby from the I-129F, will we be able to file the K-4 later if by some chance the father allows us to bring her to the US?

4) Will the embassy scrutinize the birth of the baby because of the local Chinese law?

5) Will the embassy scrutinize my fiancee because of the conditions under which she had the child?

Thank you for your response to any and all questions.

1. Yes. You must list ALL unmarried children under age 21

2. Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

[payxibka 10,045]

1. Yes. You must list ALL unmarried children under age 21

2. NO, birth certificate of child is NOT required for the I-129F and will only be needed if applying for a visa Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

[rebeccajo 14]

1. Yes. You must list ALL unmarried children under age 21

2. NO, birth certificate of child is NOT required for the I-129F and will only be needed if applying for a visa Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

Thanks, pay.

[Gary and Alla 3,694]

1. Yes. You must list ALL unmarried children under age 21

2. NO, birth certificate of child is NOT required for the I-129F and will only be needed if applying for a visa Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

Correct about birth certificates. Not for the petition. My mistake, however, the birth certificate IS presented at the interview even if the child does not apply for a visa at that time.

[Carlawarla 1]

1. Yes. You must list ALL unmarried children under age 21

2. NO, birth certificate of child is NOT required for the I-129F and will only be needed if applying for a visa Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

Correct about birth certificates. Not for the petition. My mistake, however, the birth certificate IS presented at the interview even if the child does not apply for a visa at that time.

Is this for China? I didn't have, nor did I need BC's for my children at the interview, and while their information was submitted on the 129F application, they were not included in the visa.

[payxibka 10,045]

1. Yes. You must list ALL unmarried children under age 21

2. NO, birth certificate of child is NOT required for the I-129F and will only be needed if applying for a visa Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

Correct about birth certificates. Not for the petition. My mistake, however, the birth certificate IS presented at the interview even if the child does not apply for a visa at that time.

I disagree... When and if the child applies, I believe, is the requirement

[Gary and Alla 3,694]

1. Yes. You must list ALL unmarried children under age 21

2. NO, birth certificate of child is NOT required for the I-129F and will only be needed if applying for a visa Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

Correct about birth certificates. Not for the petition. My mistake, however, the birth certificate IS presented at the interview even if the child does not apply for a visa at that time.

I disagree... When and if the child applies, I believe, is the requirement

Well I must agree to disagree on that point. We were required to submit birth certificates for BOTH sons at the time of my wife's interview, even though only one was applying for a K-2 visa. I cannot say if it is a Kiev consulate requirement, but I doubt it. It may also be because we intended to do a K-2 to follow, but the directions were clear that a birth certificate MUST be presented for each child whether or not they were applying for a visa at that time. It struck me as strange also, but sure enough, they did ask for it and we did provide it. Now he is going to have his K-2 interview in June and we have to present the birth certificate again. Go figure.

[pushbrk 12,994]

1. Yes. You must list ALL unmarried children under age 21

2. NO, birth certificate of child is NOT required for the I-129F and will only be needed if applying for a visa Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

Correct about birth certificates. Not for the petition. My mistake, however, the birth certificate IS presented at the interview even if the child does not apply for a visa at that time.

I disagree... When and if the child applies, I believe, is the requirement

Well I must agree to disagree on that point. We were required to submit birth certificates for BOTH sons at the time of my wife's interview, even though only one was applying for a K-2 visa. I cannot say if it is a Kiev consulate requirement, but I doubt it. It may also be because we intended to do a K-2 to follow, but the directions were clear that a birth certificate MUST be presented for each child whether or not they were applying for a visa at that time. It struck me as strange also, but sure enough, they did ask for it and we did provide it. Now he is going to have his K-2 interview in June and we have to present the birth certificate again. Go figure.

A Chinese beneficiary whether spouse or fiance(e) need not submit a birth certificate for a child unless the child is applying for a visa. Acknowledging a child has no bearing on the visa issuance. China is pretty cut and dried on custody. If the child is in the custody of the father, that's the only thing they will need to know about it.

I could see a Consulate asking for a birth certificate to preserve a child's privilege to "follow to join". Otherwise a foreign national only submits a birth certificate in connection with a visa application or petition in their own name.

Edited May 18, 2009 by pushbrk

[payxibka 10,045]

1. Yes. You must list ALL unmarried children under age 21

2. NO, birth certificate of child is NOT required for the I-129F and will only be needed if applying for a visa Yes. You must give a birth certificate for ech child whether or not they apply for a visa at that time

3. No. You are applying for a K-1, which means the baby can get a K-2 if you apply for it within one year. The baby would never be eligible for a K-4. The only other option is to apply for an I-130 later but you are still obligated to list the child on the I-129f

4. No. I don't think so. Consulates can preety much do as they please, but I think not.

5. No. Ditto #4

Correct about birth certificates. Not for the petition. My mistake, however, the birth certificate IS presented at the interview even if the child does not apply for a visa at that time.

I disagree... When and if the child applies, I believe, is the requirement

Well I must agree to disagree on that point. We were required to submit birth certificates for BOTH sons at the time of my wife's interview, even though only one was applying for a K-2 visa. I cannot say if it is a Kiev consulate requirement, but I doubt it. It may also be because we intended to do a K-2 to follow, but the directions were clear that a birth certificate MUST be presented for each child whether or not they were applying for a visa at that time. It struck me as strange also, but sure enough, they did ask for it and we did provide it. Now he is going to have his K-2 interview in June and we have to present the birth certificate again. Go figure.

Yes, your fact pattern (possibly 90+% or more chance of exercising FTJ) versus the inverse for the OP... Not to mention different consulates.

[Chloe2LA 0]

Thanks all for your responses. I filed yesterday based on all your advice. Guess we will get the baby's birth certificate just in case the embassy asks for it. Better to be fully prepared than to delay the already long process further. Good luck to everyone in the process too!

Edited May 24, 2009 by Chloe2LA