Fiancee's kid

[jrmejia 31]

Hello vjers,

My fiancee has a 5yr old son. She told me the father's name is not on the birth certificate of her son. I already applied for her K1 and we are waiting for result. She and her son has same last name. Which is the last name of my fiancee's father last name.

Here are my question:

If she gets her visa, we are getting married, and she is planning to carry my last name. Will she needs to change the last name of her kid to sponsor him or can the kid keeps the last name he has now. ?

Thanks

Edited August 17, 2010 by jrmejia

[sunandmoon 450]

the child will keep the same last name he has now. Did you list the son on the I-129f? if so, he would be eligle for a K-2 visa. the child can come at the same time as the mom or follow to join. if you choose follow to join, remember that the K-2 has to be issued within one year of the K-1 Visa, otherwise you will need to file a I-130 petition for the child.

[Deputy Purple 1,294]

If she gets her visa, we are getting married, and she is planning to carry my last name. Will she needs to change the last name of her kid to sponsor him or can the kid keeps the last name he has now?

Yeah, no need to worry about the child's last name (for the time being)...

Once here and you're married if you want you can either do a step-parent adoption (and become the legal father) or simply file for a name change for the child if you want them to have the "Family" name...

[jrmejia 31]

Thanks guys