Adding children to K-1????

[nycherehecomes 1]

My fiance has a son from a previous relationship. We do not intend to bring him to the US initially with my fiance upon approval of visa, therefore we did not add him to the original application. I was just wondering how we handle this when it comes to the final doc that are provided to the embassy? The DS-156 asks to list all children under 21, Im very confused.... Has anyone dealt with this before???

[PreciousOne 4]

My fiance has a son from a previous relationship. We do not intend to bring him to the US initially with my fiance upon approval of visa, therefore we did not add him to the original application. I was just wondering how we handle this when it comes to the final doc that are provided to the embassy? The DS-156 asks to list all children under 21, Im very confused.... Has anyone dealt with this before???

[PreciousOne 4]

i think even if your fiance"s child will not accompany her upon approval you should put the name of her child on your I129F petition or else it would be hard for you or for your fiance to get her child to usa unless she'll become a us citizen then.

[dayang dayang 0]

The embassy has a form so don'tworry about that they will give you a form for you to fill up' It's also happened to me...aside from DS 156,D-157 They will give you a form just for your child....

[dayang dayang 0]

You have to put the name of the child in DS-157...

[nycherehecomes 1]

Thanks guys for all the info!

[baron555 934]

My fiance has a son from a previous relationship. We do not intend to bring him to the US initially with my fiance upon approval of visa, therefore we did not add him to the original application. I was just wondering how we handle this when it comes to the final doc that are provided to the embassy? The DS-156 asks to list all children under 21, Im very confused.... Has anyone dealt with this before???

I see a problem here, maybe it won't become hinderance..... The I129 states to list all your children regardless of their intended immigration plans. Understand that you need yo provide all the information asked for or risk potential problem because you don't fill out the form correctly.

[nycherehecomes 1]

I see a problem here, maybe it won't become hinderance..... The I129 states to list all your children regardless of their intended immigration plans. Understand that you need yo provide all the information asked for or risk potential problem because you don't fill out the form correctly.

Interesting point...... oh god now Im concerned! I just figured since he wasn't coming his name did not need to go on the ap. Can you omit the child all together?

[baron555 934]

Interesting point...... oh god now Im concerned! I just figured since he wasn't coming his name did not need to go on the ap. Can you omit the child all together?

One never wants to lie to USCIS; that could be grounds for a lifetime ban.

[nycherehecomes 1]

One never wants to lie to USCIS; that could be grounds for a lifetime ban.

I completely agree with you. That was not my intension at all, it was an honest misunderstanding. Im just going to make things clear for our interview. Thank you for your help

[JimVaPhuong 4,863]

I completely agree with you. That was not my intension at all, it was an honest misunderstanding. Im just going to make things clear for our interview. Thank you for your help

The I-129F doesn't say to list all children who might be applying for a visa. It just says to list all children - period. One of the reasons the consulate might look to see if the child is listed on the I-129F is because it demonstrates that the petitioner is aware of the child, and aware that the child is eligible for a derivative visa if the child is unmarried and under 21 years of age.

Believe it or not, you (the petitioner) have little to say about whether or not a derivative child can apply for a visa. If the K1 beneficiary is eligible, then their derivative children are eligible. There have been cases where the beneficiary did not tell the petitioner they had children, and the beneficiary arrives in the US with children in tow that the petitioner didn't know about, and didn't expect. Some consulates try to prevent this by looking to see if the children have all been declared on the I-129F. They may also want an original I-134 for each derivative child who applies for a visa. This lets them know that the petitioner knows about the kids, and the beneficiary isn't trying to pull a fast one.

When confronted with a case where a derivative child is applying for a K2 visa, but the child isn't listed on the petition, at least one consulate asks for a notarized statement from the petitioner declaring that they are aware of the beneficiary's children and that they are applying for K2 visas. Maybe you could prepare a letter like this in advance and send it to your fiance.

[nycherehecomes 1]

The I-129F doesn't say to list all children who might be applying for a visa. It just says to list all children - period. One of the reasons the consulate might look to see if the child is listed on the I-129F is because it demonstrates that the petitioner is aware of the child, and aware that the child is eligible for a derivative visa if the child is unmarried and under 21 years of age.

Believe it or not, you (the petitioner) have little to say about whether or not a derivative child can apply for a visa. If the K1 beneficiary is eligible, then their derivative children are eligible. There have been cases where the beneficiary did not tell the petitioner they had children, and the beneficiary arrives in the US with children in tow that the petitioner didn't know about, and didn't expect. Some consulates try to prevent this by looking to see if the children have all been declared on the I-129F. They may also want an original I-134 for each derivative child who applies for a visa. This lets them know that the petitioner knows about the kids, and the beneficiary isn't trying to pull a fast one.

When confronted with a case where a derivative child is applying for a K2 visa, but the child isn't listed on the petition, at least one consulate asks for a notarized statement from the petitioner declaring that they are aware of the beneficiary's children and that they are applying for K2 visas. Maybe you could prepare a letter like this in advance and send it to your fiance.

Good suggestion! I guess I will just add the child to the forms that go to the embassy and submit a letter of acknowledgment with the docs. What do you think is that enough?