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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Can I bring along my kids together with me when the visa is approved?

Unless your children are US citizens then they'll need their own visas. They can't travel to the US using your visa.

Some types of visas allows for minor children to apply for derivative visas based on the primary beneficiary's petition. For example, if you're applying for a K-1 or K-3 then your kids would probably be able to apply for K-2 or K-4 visas. If you're applying for an "F" family preference visa then your kids would probably be able to apply for the same type of family preference visa. You still have to pay separate visa fees for each kid, and they still have to get a medical, etc. You'll also need to provide proof that you're the biological parent in order for them to be eligible for derivative visas, and you may need permission from the non-immigrating parent for your children to immigrate to the US.

If you're applying for an immediate relative visa (CR or IR visa type) then your kids can't get derivative visas. They'd need a separate petition filed for each of them. Likewise if the children are over 21.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Unless your children are US citizens then they'll need their own visas. They can't travel to the US using your visa.

Some types of visas allows for minor children to apply for derivative visas based on the primary beneficiary's petition. For example, if you're applying for a K-1 or K-3 then your kids would probably be able to apply for K-2 or K-4 visas. If you're applying for an "F" family preference visa then your kids would probably be able to apply for the same type of family preference visa. You still have to pay separate visa fees for each kid, and they still have to get a medical, etc. You'll also need to provide proof that you're the biological parent in order for them to be eligible for derivative visas, and you may need permission from the non-immigrating parent for your children to immigrate to the US.

If you're applying for an immediate relative visa (CR or IR visa type) then your kids can't get derivative visas. They'd need a separate petition filed for each of them. Likewise if the children are over 21.

Posted (edited)

You use the term Fiancee and I assume you are a US Citizen...

If you file an I129F and list the children,,, any unmarried children under 21 (validate age)

will get derivative status and will receive a K2 visa when the fiancee is granted her K1.

Note: If the father is listed on the birth certificate you will need his approval.

Please validate the information I have given here. My knowledge on this subject is a bit dated

and the process may have changed.

Regards,

Edited by DouglasFiel
  • 2 weeks later...
Filed: Country: Philippines
Timeline
Posted

I met my fiancee the first time online and after 8 months of constant communication he came over and proposed. I am a widow with two kids ages 16 and 18, can I take them with me at the same time I go there when my visa is approved? What documents should they bring so they can continue their studies there?

Filed: Timeline
Posted (edited)

I met my fiancee the first time online and after 8 months of constant communication he came over and proposed. I am a widow with two kids ages 16 and 18, can I take them with me at the same time I go there when my visa is approved? What documents should they bring so they can continue their studies there?

Is your fiancee a US citizen? Are you applying for a K-1 visa?

If your fiancee is a US citizen and you are applying for a K-1 visa, then your children can immigrate with you if they are are married. Once your K-1 visa is issued, they can be issued K-2 visas up to one year later.

There is a quirk in US immigration laws. If your US citizen fiancee brings you over on a K-1 visa, your unmarried children under age 21 can immigrate with you. If you had married him, only your unmarried children under age 18 would have been able to immigrate with you. This would be bad news for your 18 years old. Be careful, do not get marry until after you come to the US on the K-1 visa. Marriage before you enter the US on the K-1 visa will void the K-2 visas.

----------------

Why are you starting a new thread??? You started another last week asking the same question.

http://www.visajourney.com/forums/topic/333175-fiancees-children-to-us/page__p__4941364#entry4941364

Edited by Jojo92122
Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** 2 topics with the same question merged. Please fill in your timeline and profile so we can help you better. *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

 
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