K-1 VISA - but no plans of bringing children as yet

[PlusUltra 8]

Hi guys,

I and my fiance are fairly new to this and are gathering required information before we start filing our I-129F. Does anyone have some insight in regards to children? I (the mother and from the Philippines) and my fiance (US Citizen) have no plans of getting our children in the US as yet but we will list them in the I-129F form. They are both illegitimate as he wasn't present during my childbirth hence not able to sign the birth certificate.

We have no plans of getting them as yet as they are only 3 years old and we are planning on letting them stay in the Philippines for schooling and to be with my mom.

Please help us out on this. Any help on this matter would be greatly appreciated.

Thanks in advance!

[Pitaya 2,577]

Welcome to the forum.

Read these informative Dept. of State FAQs about the K1 Process, there is some good general information about K1 fiance(e) immigration and children immigrating later: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

There are several recent threads about "to follow immigration" children in this forum, use the forum search function to locate and review.

Good luck on your immigration journey.

Edited March 9, 2015 by A&B

[apple21 953]

Are the children the biological children of your US citizen fiance? If yes, you need to file CRBA so they can claim US citizenship from their dad (even if they're illegitimate). If CRBA is approved, they can get US passports hence no need for a K2 visa.

Edited March 9, 2015 by apple21

[PlusUltra 8]

Welcome to the forum.

Read these informative Dept. of State FAQs about the K1 Process, there is some good general information about K1 fiance(e) immigration and children immigrating later: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

There are several recent threads about "to follow immigration" children in this forum, use the forum search function to locate and review.

Good luck on your immigration journey.

Thank you for your reply. I read this on the website you gave:

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

Do you know how to go about this? They WILL be travelling after but we simply don't have the funds to file a VISA for the children in our local embassy as yet. Sorry for being such a noob. We urgently need help on this matter.

[PlusUltra 8]

Are the children the biological children of your US citizen fiance? If yes, you need to file CRBA so they can claim US citizenship from their dad (even if they're illegitimate). If CRBA is approved, they can get US passports hence no need for a K2 visa.

Hi apple21, thank you for your reply. No, my US citizen fiance is NOT the biological father of the children but accepted full rights and responsibility (not in writing though). Do you know how to go about this? Please help us out. We need all the help we could get. They are twins and we are thinking that we could give them a better life if both of us are in the US (hopefully). Please help us out.

[apple21 953]

Your US citizen fiance (spouse later on) can file i130 for them as their step-parent.

The follow to join benefits is only available within one year of your K1 visa issuance.

[Pitaya 2,577]

Thank you for your reply. I read this on the website you gave:

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

Do you know how to go about this? They WILL be travelling after but we simply don't have the funds to file a VISA for the children in our local embassy as yet. Sorry for being such a noob. We urgently need help on this matter.

easily accessible at the top of the forum page. In particular, the Petitioning Chlld, Son or Daughter, to live in the US: http://www.visajourney.com/content/childpet This is if you do not do the K2 visa for the children. It sounds like a lot depends on your timing and finances. If you are going to do K2, follow the instructions in the Form I-129F and the FAQs. You should also likely contact the US Embassy in Manila for information. Another excellent source is the Philippine Regional Forum, be sure to check in there, there are similar topics discussed there frequently: http://www.visajourney.com/forums/forum/129-philippines/

Good luck on your immigration journey.

[Hank_ 9,174]

Hi guys,

I and my fiance are fairly new to this and are gathering required information before we start filing our I-129F. Does anyone have some insight in regards to children? I (the mother and from the Philippines) and my fiance (US Citizen) have no plans of getting our children in the US as yet but we will list them in the I-129F form. They are both illegitimate as he wasn't present during my childbirth hence not able to sign the birth certificate.

We have no plans of getting them as yet as they are only 3 years old and we are planning on letting them stay in the Philippines for schooling and to be with my mom.

Please help us out on this. Any help on this matter would be greatly appreciated.

Thanks in advance!

Whether the children are traveling with you or not list them on the I-129F. (BTW, you need nothing from the father)

You will have up to a year from when you are issued your visa for them to be issued their visa under the I-129F petition. If you wait beyond a that one year "window" you can petition them using the I-130 later.

When you have time pop over to the Philippines forum and say HI!

http://www.visajourney.com/forums/forum/129-philippines/

Edited March 10, 2015 by Hank_

[PlusUltra 8]

Whether the children are traveling with you or not list them on the I-129F. (BTW, you need nothing from the father)

You will have up to a year from when you are issued your visa for them to be issued their visa under the I-129F petition. If you wait beyond a that one year "window" you can petition them using the I-130 later.

When you have time pop over to the Philippines forum and say HI!

http://www.visajourney.com/forums/forum/129-philippines/

Thanks for the info! Do we need to file anything or just wait for the one-year window to "expire"?

[Hank_ 9,174]

Thanks for the info! Do we need to file anything or just wait for the one-year window to "expire"?

You do not need to file anything until you are ready.

[PlusUltra 8]

You do not need to file anything until you are ready.

If they are written in the I-129F, we don't have to file the VISA fee anymore right? Until we are ready? So sorry for asking so many questions. We are so new to this.

[Hank_ 9,174]

If they are written in the I-129F, we don't have to file the VISA fee anymore right? Until we are ready? So sorry for asking so many questions. We are so new to this.

For now you don't have to pay anything regarding your children. When you are ready you will pay whatever fees are required.

Edited March 10, 2015 by Hank_

[PlusUltra 8]

Thank you so much for your help guys. Once I and my fiance are ready, we will be filing the I-130 for the twins Thank you and wish us lots of luck!!!

[Pitaya 2,577]

You are welcome.

Good luck on your immigration journey.