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Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

I am making a post to get an advice because I am so confused..First of all my daughter is not applied for k2.. My fiance didn't list her on question number 5 in affidavit letter..My daughter is not accompanying w me neither following.. So I am doing the same w my Ds156k.. I am not going to list her too because of the same reason.. It says on ds156k "birth certificates of all children listed in number five" must be attached..

Did we make the precise decision of not listing my daughter to my ds156k and I-134? The problem is.. She is adopted by my parents.. Therefore we cannot petition her for k2 visa because I am not her legal guardian.. :(

Edited by honeybee2
Filed: K-1 Visa Country: Philippines
Timeline
Posted

I am not sure how to respond to your inquiry but are you saying your daughter won't be listed in any of the forms as if she doesn't exist? I see how you are worried since your parents adopted her. Do you plan on bringing her to the States eventually to be with you and your fiancé?

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

For now we really don't know yet.. We really wanted but she's not listed under my name, it will be a long process.. I have asked 3 attorney.. They told me that the wiser way is adoption.. My concern is It will be better that she's not listed on my ds156k since her BC is not under my name and I cannot present any bc of my child under my name.. Same as my fiance affidavit letter because she's not accompanying me, neither following..

Edited by honeybee2
Filed: K-1 Visa Country: Philippines
Timeline
Posted
1344747736[/url]' post='5604859']

I am making a post to get an advice because I am so confused..First of all my daughter is not applied for k2.. My fiance didn't list her on question number 5 in affidavit letter..My daughter is not accompanying w me neither following.. So I am doing the same w my Ds156k.. I am not going to list her too because of the same reason.. It says on ds156k "birth certificates of all children listed in number five" must be attached..

Did we make the precise decision of not listing my daughter to my ds156k and I-134? The problem is.. She is adopted by my parents.. Therefore we cannot petition her for k2 visa because I am not her legal guardian.. :(

In your 129F form you list your daughter but in I-134 it's not necessary since she's not coming or following you. You do the same with your DS156K. This is what I did..

Filed: K-1 Visa Country: Philippines
Timeline
Posted

In your 129F form you list your daughter but in I-134 it's not necessary since she's not coming or following you. You do the same with your DS156K. This is what I did..

Thank you so much!!!

Does your child is not listed on your name too? Yes we listed her on I-129F because we wanted to be honest.. Besides she's part on our meeting letter (About how we met and the fact that we both have a child from previous relationship) But on I-134 affidavit letter and Ds156k.. We will not list her because first of all, she's not applied for k2, 2nd she's not following or accompanying me, and lastly is I cannot present any BC that she is under my name, DS156k is asking for bc of unmarried children which i don't have any..

I have done my medical.. Will the consul ask me if why the medical record it says i have child and why i am not listing her to my DS form?

Filed: K-1 Visa Country: Philippines
Timeline
Posted
1344753431[/url]' post='5605299']

In your 129F form you list your daughter but in I-134 it's not necessary since she's not coming or following you. You do the same with your DS156K. This is what I did..

When you said adopted, I was thinking of she was adopted legally by your parents. That means you went to normal process of adoption. Court hearing and the like. So, I don't get it when you said you don't have her BC under your name at first. When she got legally adopted that's when you/she got the new BC with your parents as her parents. But if you did not list her in 129F then you shouldn't exist in any other forms as if she's not really existing. But make sure she has no BC before that listed you as her mom. You probably know what I'm saying. When you gave birth to her , you directly registered her under your parents name which actually a violation of law in the Philippines (but a lot of us there do that).

It's very important with the immigration that you don't tell a lie cuz somehow they could verify it later.

By the way, my kids went to the legal process of adoption that's why I didn't have a problem when I went to this visa process.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
1344753829[/url]' post='5605304']

Thank you so much!!!

Does your child is not listed on your name too? Yes we listed her on I-129F because we wanted to be honest.. Besides she's part on our meeting letter (About how we met and the fact that we both have a child from previous relationship) But on I-134 affidavit letter and Ds156k.. We will not list her because first of all, she's not applied for k2, 2nd she's not following or accompanying me, and lastly is I cannot present any BC that she is under my name, DS156k is asking for bc of unmarried children which i don't have any..

I have done my medical.. Will the consul ask me if why the medical record it says i have child and why i am not listing her to my DS form?

Yes, on the pre-interview (right before the consul), it will be asked why she's not coming with you. Just tell the truth. Tell them she's been adopted. The consul again might ask you. You don't need to worry. Just keep in mind to be telling all the truth cuz they know when you're lying. They have all your informations and your fiance's Infos in their hand. You will be even surprise that they know something about your fiancé and you don't. Even before your visa got approved they've already made a background check on their database.

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Technically once adopted legally by someone else she is no longer your child , you are a birth parent but your mmother is now her mother and the child is hers. If you wanted to bring her you would have to adopt her back from your mother and expect a LOT of questions from immigration.

This will not be over quickly. You will not enjoy this.

Filed: Other Country: Philippines
Timeline
Posted

I am making a post to get an advice because I am so confused..First of all my daughter is not applied for k2.. My fiance didn't list her on question number 5 in affidavit letter..My daughter is not accompanying w me neither following.. So I am doing the same w my Ds156k.. I am not going to list her too because of the same reason.. It says on ds156k "birth certificates of all children listed in number five" must be attached..

Did we make the precise decision of not listing my daughter to my ds156k and I-134? The problem is.. She is adopted by my parents.. Therefore we cannot petition her for k2 visa because I am not her legal guardian.. :(

You don't have a daughter (legally). So no the K2 process does not apply to you

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

Filed: K-1 Visa Country: Philippines
Timeline
Posted

It actually happens more often in the Phils than I would have believed. She is not your "legal daughter" as of now, so I would just go through the process as such. I would definitely make mention of it, especially if you said something about it on the I-129. Better to be honest about everything. Honestly speaking, the U.S.government has no idea if all of a sudden you are trying to take your sister to the states, diba? Better to sort that all out later... Good luck to you.

27 January 2012: Mailed I-129F

03 February 2012: NOA1( e-mail & Text)

03 February 2012: Check Cashed

NO RFE'S

22 June 2012 : NOA2 (e-mail & Text)

16 July 2012: Manila Case Number(by phone)

17 July 2012: Interview paid at BPI

19 July 2012: Set interview for Mid-Aug

23-24 July 2012: Medical St. Lukes(passed)

24 July 2012: CFO Seminar(had to go next morning for landline #)- PASSED

02 Aug 2012: Received e-mail from USEM our case is there.

15 Aug 2012: Interview at USEM - APPROVED

13 SEP 2012: POE Minneapolis, MN

27 OCT 2012: Married

19 NOV 2012: AOS package sent

05 DEC 2012: NOA's I-765, I-131, I-485

14 DEC 2012: Biometrics appointment finished(Walk-in..Was scheduled Jan 04 2013)

02 FEB 2013: I-131 and I-765 Approved

07 FEB 2013: USPS Picked up the combo-card

11 FEB 2013: Received Combo-card

21 FEB 2013: Transit Visa picked up in Chicago for Japan

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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