One Child Coming, One Child Not

[RojoGringo 6]

Hi All,

I am starting to fill out the I-129F petition and where is says to list her children is where I am stuck. My fiance has two children one who is 18 years old and another who is 15 years old. The 18 year old will be traveling with her mother to come the USA when the visa is approved. However the 15 year old will not because the father does not want him to go. When the 15 year comes of age we want to bring him to the USA.

Here is my questions,

1.) on the I-129F petition do I list both here children and pay for all of them even if it may be more than a year before he can make the journey?

2.) if he is given a K-2 visa and it goes past the expiration date will there be problems when applying for a visa in the future?

[milimelo 4,481]

1) You list both on I-129f. You'll only pay for one child come the interview time.

2.) No problem. You'll petition him via I-130 as you will have married his mother before he reached 18 yrs old thus establishing step-parent relationship.

Do figure out any paperwork needed from the father to immigrate to the US ahead of time. I've seen cases being held up because of that. Also, ALWAYS make a certified copy or two to have as a back up - you never know which authority may be asking for it in the future and if you provide the sole copy to the Embassy/USCIS you will not be getting it back.

[smaring 14]

You need to list ALL children on the application, whether they are immigrating or not. Once the child is granted a K-2, it is basically to allow entry into the country within 6 months. If the child does not come right away, I don't think it matters. You will marry in 90 days and start the I-485 process. As long as the child goes to the K-1 interview in the country of origin, AND the I-485 interview in the states, as a derivative beneficiary, all should be fine. If the child's K-2 goes past the 6 month date and expires, they can probably get an ESTA visa waiver or a travel visa to come for the interview and then go back with an Advance Parole if they don't have the LPR card yet.

Definitely do some research on this though. For now though, do list ALL children. You will get nailed if you don't. They need to be on the I-129 even if they are not immigrating.

[milimelo 4,481]

You need to list ALL children on the application, whether they are immigrating or not. Once the child is granted a K-2, it is basically to allow entry into the country within 6 months. If the child does not come right away, I don't think it matters. You will marry in 90 days and start the I-485 process. As long as the child goes to the K-1 interview in the country of origin, AND the I-485 interview in the states, as a derivative beneficiary, all should be fine. If the child's K-2 goes past the 6 month date and expires, they can probably get an ESTA visa waiver or a travel visa to come for the interview and then go back with an Advance Parole if they don't have the LPR card yet.

Definitely do some research on this though. For now though, do list ALL children. You will get nailed if you don't. They need to be on the I-129 even if they are not immigrating.

Do tell how you imagine not breaking the law by having someone come in on a tourist visa with pure intent of adjusting status???

[smaring 14]

Do tell how you imagine not breaking the law by having someone come in on a tourist visa with pure intent of adjusting status???

I don't think it is "breaking the law". I think it is a question of intent. The child is not the petitioner, only the derivative beneficiary. And can't you apply for an AP at the same time you send in the I-130? I would think the AP would let them in.

[milimelo 4,481]

I don't think it is "breaking the law". I think it is a question of intent. The child is not the petitioner, only the derivative beneficiary. And can't you apply for an AP at the same time you send in the I-130? I would think the AP would let them in.

No you can't apply for AP when you send in an I-130 petition. Where did you get that wild idea? The child will be processed overseas at Bogota embassy when his time comes.

OT: I see you're fairly new on the boards. I suggest stepping back and not jumping into people's topics if you're not certain about the answers to the questions asked. Your wrong answer could cause someone a lot of heartache and immigration problems if they were to follow your advice.

[smaring 14]

No you can't apply for AP when you send in an I-130 petition. Where did you get that wild idea? The child will be processed overseas at Bogota embassy when his time comes.

OT: I see you're fairly new on the boards. I suggest stepping back and not jumping into people's topics if you're not certain about the answers to the questions asked. Your wrong answer could cause someone a lot of heartache and immigration problems if they were to follow your advice.

and that's why it was phrased in the form of a QUESTION!

a simple "nope, not until the I-485 app" would have sufficed for clarification