K1 VISA & I-130 for foreign fiance's children - Who completes the I-130

[Davecsfl 1]

Hello, and thanks in advance to whomever can help.

My fiance has children that we want to follow to the USA. I have read in some of the instructions that it is necessary to complete an I-130 for each child. The instructions seem to indicate that I, the American citizen, am responsible to fill out the I-130. However, in Section A, Relationship, I as the petitioner need to select who I am filling this petition for. Since my fiance and I are not married at this time and I am not the natural father of the children, the box Husband/Wife, Parent, Brother/Sister, Child does not seem to apply. Does anybody have an answer to this dilema?

Thanks, Dave

I am an American born citizen, my fiance is Colombian and her children are 100% Colombian. I have prepared the I-129F and the G-325A forms and just waiting to do the I-130's for her children.

Edited February 22, 2010 by Davecsfl

[Audy_Rob 26]

Hello, and thanks in advance to whomever can help.

My fiance has children that we want to follow to the USA. I have read in some of the instructions that it is necessary to complete an I-130 for each child. The instructions seem to indicate that I, the American citizen, am responsible to fill out the I-130. However, in Section A, Relationship, I as the petitioner need to select who I am filling this petition for. Since my fiance and I are not married at this time and I am not the natural father of the children, the box Husband/Wife, Parent, Brother/Sister, Child does not seem to apply. Does anybody have an answer to this dilema?

Thanks, Dave

I am an American born citizen, my fiance is Colombian and her children are 100% Colombian. I have prepared the I-129F and the G-325A forms and just waiting to do the I-130's for her children.

You don't fill out the I-130s for the children. The children of your fiancee are entitled to the derivative K-2 visas that are automatically awarded to the children when your fiancee successfully obtains the K-1 visa.

The children need to be listed on the I-129F.

You will need to fill out their own forms at the Embassy interview stage. Each child needs their own Visa application at that time (not now).

You will need a properly executed affidavit from the biological parent (father) of the children allowing your fiancee full custody and right to move the children permanently to the USA. This can be found in the K-1 Visa FAQ in the FAQ sections of VJ.

Good luck.

Edited to add the link to the K-1/K-2 Visa Overview

http://www.visajourney.com/faq/k1k2visa-outline.html

Edited February 22, 2010 by Audy_Rob

[Audy_Rob 26]

I am an American born citizen, my fiance is Colombian and her children are 100% Colombian. I have prepared the I-129F and the G-325A forms and just waiting to do the I-130's for her children.

Did you list ALL of your fiancee's children in Item 13 of the I-129F ? That is all that is needed for the Petitioning stage which you are now at.

[Darnell 8,478]

I answered a similar question today - have a read?

http://www.visajourney.com/forums/index.ph...t&p=3733093

Good Luck !

[Davecsfl 1]

You don't fill out the I-130s for the children. The children of your fiancee are entitled to the derivative K-2 visas that are automatically awarded to the children when your fiancee successfully obtains the K-1 visa.

The children need to be listed on the I-129F.

You will need to fill out their own forms at the Embassy interview stage. Each child needs their own Visa application at that time (not now).

You will need a properly executed affidavit from the biological parent (father) of the children allowing your fiancee full custody and right to move the children permanently to the USA. This can be found in the K-1 Visa FAQ in the FAQ sections of VJ.

Good luck.

Edited to add the link to the K-1/K-2 Visa Overview

http://www.visajourney.com/faq/k1k2visa-outline.html

Thank you for the answer.