I-129F approval but no listing of fiance's son

[ulearnasugo 0]

Hello all... I am wondring if anyone has any advice or experience with our problem. We applied and received our I-129F approval. It was then sent to NVC then onto Manila embassy. We are currently waiting for my fiance to recieve instructions

for her interview. I did obtain a copy of the instructions and she is busy gathering the interview documents. Here is the problem..... when I applied for the I-129f I was told her son coould automatically qualify for K-2 Visa as he is unmarried and under 21 and could follow her to the US within a year. However in reading the instructions from Manila they state he must be listed on the Visa. I called the the USCIS and they said contact Manila to see if anything could be done as it is now out of their jurisdiction.

I obviously received some bad advice from USCIS previously. Any ideas for us? thanks for you time to address this.

[luvnlife07 1]

Hello all... I am wondring if anyone has any advice or experience with our problem. We applied and received our I-129F approval. It was then sent to NVC then onto Manila embassy. We are currently waiting for my fiance to recieve instructions

for her interview. I did obtain a copy of the instructions and she is busy gathering the interview documents. Here is the problem..... when I applied for the I-129f I was told her son coould automatically qualify for K-2 Visa as he is unmarried and under 21 and could follow her to the US within a year. However in reading the instructions from Manila they state he must be listed on the Visa. I called the the USCIS and they said contact Manila to see if anything could be done as it is now out of their jurisdiction.

I obviously received some bad advice from USCIS previously. Any ideas for us? thanks for you time to address this.

Did u list the child on the original K1 petition?

[ulearnasugo 0]

Did u list the child on the original K1 petition?

No, I don't beleive so. In reviewing all the documents I don't see anywhere it asked to list her childred and when I called to ask they said he automatically qualified when she did. What form would I have filled out?

Thanks for you help?

[Joshuaching 11]

No, I don't beleive so. In reviewing all the documents I don't see anywhere it asked to list her childred and when I called to ask they said he automatically qualified when she did. What form would I have filled out?

Thanks for you help?

Her child/children's name should have been included in the same form I129 that you have submitted to the USCIS. It is true that they get derivative Visa but only when their names are listed on the form I129F.

You can inquire from US Embassy Manila if they could still be included, but more than likely they would ask you to file another I129F; I hope not..

[Penguin_ie 5,994]

On the I-129F, part B, question 13, it says to list all your alien fiancee's kids. Did you? If not, things will get complicated.

[ulearnasugo 0]

Her child/children's name should have been included in the same form I129 that you have submitted to the USCIS. It is true that they get derivative Visa but only when their names are listed on the form I129F.

You can inquire from US Embassy Manila if they could still be included, but more than likely they would ask you to file another I129F; I hope not..

Yes, I did list him, his date of birth, country of birth and present address on part B. They did not list him on the approval Notice I-797 NOA, only my finance. So maybe all is good if it was listed on the I-129F application.

The scary part is I only have a copy of part A. Part B and C did not copy for my records. Do you think I can get a copy from someone to prove I listed him? Thanks Paul

[ulearnasugo 0]

On the I-129F, part B, question 13, it says to list all your alien fiancee's kids. Did you? If not, things will get complicated.

Thanks for your reply... yes I did list him on part B of the form. I thought they would include his name on the I 797 NOA. but maybe they don't. When I copied the papers my copy machine must have not copied part B and C as I only have a copy of part A.

Hopefully I can get a copy from someone maybe USCIS or NVC so I have the proof. Any thoughts on that? thanks Paul PS I have always wanted to travel to Ireland and someday will....

[pinklady0216 1]

same as mine....your childs name if listed in 129f it will only appear on the letter coming from manila embassy...pay a separate visa fee for your child also and separate forms also in appointment and in ds156,ds157..ok...thats what i've done

[JimVaPhuong 4,863]

A K2 is a derivative visa, which means the applicant's eligibility is derived from an approved petition for a qualifying relative. They never list potential derivatives on the approval notice for the petition. They only list the primary beneficiary. However, derivatives remain eligible to submit a visa application based on that approved petition.

Her son's visa must be issued within 1 year of the date the K1 visa was issued. Her son must enter the US before he is 21 years old in order to retain his eligibility to adjust status.

Based on your timeline, you just recently received the approval notice for the I-129F. Her son can submit his visa application at the same time your fiancee submits hers. He can also have his interview at the same time, and travel to the US with his K2 visa at the same time.