Advice on I129F

[Hank_ 9,174]

I need to add a K2 from a pregnancy while the I129F was filed . Right now with our case we have an RFE on July 16th . The baby was born on July 23rd . Since we have an RFE will this be a chance to add the baby ? If so how would I do this ? At this point I did not receive the letter . However I believe it is for outdated G325A forms I used . It was the only thing I could find fault while looking at my I129F copy . Born in the Philippines baby girl

*delete*

Not sure how you would add the K2 if the child is not yours, sorry.

Edited July 25, 2013 by Hank_

[d3adc0d3 186]

I'm not a USCIS adjudicator, but I doubt an illegitimate child would cause a red flag. As long as he's willing and able to support both of them, that's all the US really cares about.

Red flags are usually a combination of things, large age gap, large sums of money being transferred to the USC's bank account, criminal history, etc.

As for the child leaving the country, I am not am immigration attorney. But it was stated also in that source, which I linked, this:

In one case (Briones vs. Miguel, GR 156343, Oct. 18, 2004), the Supreme Court upheld the illegitimate child’s mother’s custody even when the mother was working in Japan and eventually brought the child out of the country to live with her there.

Edited July 25, 2013 by d3adc0d3

[NikLR 13,227]

Being a step-parent is not an adoption case.

Sole custody allows a parent to move without the other parent's consent, including to another country.

[Redicent 14]

*delete*

Not sure how you would add the K2 if the child is not yours, sorry.

Hank, you are very knowledgable in these matters. But a K-2 is possible, its a child of the alien fiance. Thats what a K-2 (fiance) and K-4 (spouse) are for. Its the timing of the birth that raises questions.

[NikLR 13,227]

I believe you would have to apply for the visa for the child (paying all fees etc) based on the approved I-129F.

[Hank_ 9,174]

Hank, you are very knowledgable in these matters. But a K-2 is possible, its a child of the alien fiance. Thats what a K-2 (fiance) and K-4 (spouse) are for. Its the timing of the birth that raises questions.

I know a K2 can be filed for a child of a K1 but I don't know how to add a K2 in mid-stream, I am sure it's possible, I just don't know the details...

.. what is your point?

[NikLR 13,227]

It's not up to the people on VJ to determine if there is a problem or not. Answer the question on how to do what needs to be done, and let the CO who makes the determination if there is a red flag or not. If they were engaged while she was pregnant, well that happens. My cousin did the same thing. He started dating a girl who was pregnant and now he happily calls himself the father and for all intensive purposes IS the father of the child (just not genetically.) Who cares in the end. At least someone stepped up to the plate and wants to provide and love this child, whether this sperm created her or not.

Edited July 25, 2013 by NLR

[d3adc0d3 186]

A visa cannot be issued to a child until after it is born, nor can it be put on the K1 Petition, as it's not legally a person yet and there are no supporting documents.

According to this topic:

http://www.visajourney.com/forums/topic/43156-k-2-for-unborn-child/

You bring the infant to the K1 interview and the embassy will issue a K2 at no additional cost.

Now I'm not sure how accurate that is, but that does seem fairly logical.

[Redicent 14]

I know a K2 can be filed for a child of a K1 but I don't know how to add a K2 in mid-stream, I am sure it's possible, I just don't know the details...

.. what is your point?

I know of someone right now adding a K-4, mid stream. It just has to be processed while the K-3 waits.

[Redicent 14]

It's not up to the people on VJ to determine if there is a problem or not. Answer the question on how to do what needs to be done, and let the CO who makes the determination if there is a red flag or not. If they were engaged while she was pregnant, well that happens. My cousin did the same thing. He started dating a girl who was pregnant and now he happily calls himself the father and for all intensive purposes IS the father of the child (just not genetically.) Who cares in the end. At least someone stepped up to the plate and wants to provide and love this child, whether this sperm created her or not.

People point out red flags all the time. Thats what this forum is about. Helping folks by pointing out potential problems. The discussion allows the OP to think about various points of view.

The OP knows that a K-2 is needed. It can be done. But questions will be asked by the embassy and CFO/Emmigration.

[d3adc0d3 186]

I need to add a K2 from a pregnancy while the I129F was filed . Right now with our case we have an RFE on July 16th . The baby was born on July 23rd . Since we have an RFE will this be a chance to add the baby ? If so how would I do this ? At this point I did not receive the letter . However I believe it is for outdated G325A forms I used . It was the only thing I could find fault while looking at my I129F copy . Born in the Philippines baby girl

I don't, at any point, see them asking for advice in this post on what is a red flag, they were simply asking on how to handle the paperwork and filing for the future stepchild who was born in the middle of the process.

[Redicent 14]

A visa cannot be issued to a child until after it is born, nor can it be put on the K1 Petition, as it's not legally a person yet and there are no supporting documents.

According to this topic:

http://www.visajourney.com/forums/topic/43156-k-2-for-unborn-child/

You bring the infant to the K1 interview and the embassy will issue a K2 at no additional cost.

Now I'm not sure how accurate that is, but that does seem fairly logical.

This baby was born on July 23rd. The K-4 visa I know of right now required another petition. The K-3 waits until the K-4 catches up.

[NikLR 13,227]

K3 and K4 are different. there is the initial I-130 that needs to be filed. There is never anything else that needs to be filed for a K2.

[d3adc0d3 186]

The OP already filed for a K1 visa, at this point they can either resend in the paperwork that contains the list of the children with a letter explaining the child was born, along with a birth certificate and whatnot, or they can attempt to file now for a K2 (not sure how the timing would work out on that one), or bring the child to the interview to (hopefully) get a K2 issued from the embassy.

If I am not mistaken, all children are included by default with the K1, as long as their listed. So if the OP adds them to the page that lists the children, if the Adjudicator accepts it all would be well. A letter explaining along with proof of the child's birth may be sufficient.

Edited July 25, 2013 by d3adc0d3

[NikLR 13,227]

You're going on about it a bit more than necessary. There may be some extra questions asked, including a relationship timeline may need to be provided, but beyond that, it's up to the OP to either disclose more information or for us to let it rest. Everything said beyond a casual mentioning is speculation.

There is only a K1/K2 for a fiance/spouse and a K3 for any children under the age of 21.

I know of no K4 visas.

Source:

http://travel.state.gov/visa/immigrants/types/types_1315.html

k3 is a spousal visa, it follows the same path as the IR1/CR1 and the K4 is the derivative visa from that, however an I-130 needs to be filed initially because the K3 is processed or not according to the order in which the I-130 and I-129F is received by the NVC.

But this is rather off topic.