K1 Visa With Child Help

[drnick 0]

I am just about to start my K1 visa application process and I am hoping for some guidance regarding my son.

My ex-wife has granted me permission to take our son with me to the US and she is happy to put this down in writing. There are no court orders in place as we have joint custody at the moment.

I believe that I can add my son onto the K1 visa application, rather than a separate application, but is this the best option? My fear is halfway through the process my son my change his mind or my ex-wife will, how does this affect the visa application?

If the visa is granted for myself and my son, can I enter the country alone if my son can not come with me?

Would I have to change the visa application, or even can I?

Would it be better to apply for a visa for myself and a separate one for my son?

Obviously I'm looking for the most cost effective way, so applying for one visa is ideal, but I do not want to extend the process time if my son can not come.

Any advice please????

[SparklePony 238]

You can have him go with you on a K2 visa, as children have derivative status from their parents. This means that your fiancee will add your son's name in the petition and when the process reaches your country, you will receive instructions on what to fill out for him as well as yourself (for example, he will need a medical too, as well as payment for his own fees). I have two children I am taking with me, and I think going this route is the best one.

As for your ex-wife, I would get her to sign an official document as soon as possible, so she doesn't back out on her own decision. Get a lawyer to draft the document so that it's as official as possible, and get her signature notarized.

Good luck!

[Nich-Nick 3,354]

The petition part of the process establishes you have a child. It's when you do the London part, you will show the desire for him to have a K2 visa by filling out and submitting a DS-160 for each of you. If it has gone pear shaped by then, you can just do the application form for yourself. In addition to that, a child with derivative status of your visa can "follow to join" up to a year after your visa and immigration so long as he remains under 21 and unmarried. So you have an additional timeframe to work it out with him and the ex.

London does like something in writing from the other parent if a child is leaving the UK. While notaries are not common in the UK, a solicitor witnessing her signature and countersigning would do. That would be presented along with all the other documents at the Interview.

[drnick 0]

Thank you both so much for your quick response, I'm a lot clearer on the process now. I'll apply for the K1 now and I'll now have the time to ensure everything is in place ready for London.

[cbreeze67 0]

I have a question related to this topic. As I understand it, the DS-156 was replaced by the DS-160. My fiancee filled out the DS-160 and there is a spot on that form to list her children, which she did. However, the cover letter she got back from embassy only listed her and a couple children but left off one. The embassy told her she needed to fill out a separate DS-160 for her child that was missing on the cover letter, however, that is confusing to us because the other children showed up. Do we need a separate DS-160 for each child? If so, then why does the DS-160 have a Children traveling with you section on it?

[KayDeeCee 4,896]

Each needs their own, and each must pay the $240 visa processing fee as well.

Each applicant - including children - must have their own Form DS-160 visa application. The Form DS-160 must be completed and submitted online prior to your interview at the Embassy or Consulate. The barcode number on the Form DS-160 confirmation page is required in order to book your interview. The Form DS-160 must be submitted online and the printed confirmation page must be brought to the interview. The Embassy or Consulate will not accept handwritten or typed applications and you will not be permitted to attend your interview without a Form DS-160 confirmation page.

http://www.ustraveldocs.com/in/in-niv-ds160complete.asp

[Nich-Nick 3,354]

Is the child not on the letter over 21 years of age? Or was it just a mistake the name was left off?

[cbreeze67 0]

Is the child not on the letter over 21 years of age? Or was it just a mistake the name was left off?

The child is under 21. The Embassy told my fiancee to submit a DS-160 for the child left off but the concern is she never filled out DS-160's for the other children yet they showed up on the cover letter. Should she go back and fill out DS-160's for each child? They are all under 21.

[Nich-Nick 3,354]

The child is under 21. The Embassy told my fiancee to submit a DS-160 for the child left off but the concern is she never filled out DS-160's for the other children yet they showed up on the cover letter. Should she go back and fill out DS-160's for each child? They are all under 21.

My husband's children showed up on his letter and they had no intention of getting a visa. If you fill out a DS-160 for each person that wants a visa, then they will get a visa (if eligible) despite what names are on the letter.

From embassy website: http://london.usembassy.gov/iv_15.html

Instructions for Immigrant Visa (K) Applicants Applying for a Visa in London

The Immigrant Visa Unit at this Embassy is processing your application for a visa. While no assurance can be given regarding the appointment date of your visa interview, you should now prepare for that appointment and take the following three steps.

Step One

Complete the Form DS-160 for each family member applying for a visa and print the confirmation sheet as it will be required on the day of the interview. If a question does not apply to you, please mark it with a N/A. Note: The failure to complete the form promptly will delay the processing of your application.

Edited January 3, 2014 by Nich-Nick