Question regarding the Form I-129F petition

[jbund 0]

Hello,

i hope am posting this on the right forum.

The answer to my question must be really obvious, but I'd like to make sure that once I start the process to petition my alien fiancée I do it right from the beginning. Allow me to give you a little background:

She married once in Japan to another American, then they move to the US; in the two years they were married, she got pregnant and gave birth to a wonderful boy. When he was about 4 months old, she and her ex got divorced and she moved back to Japan with the baby. At this point she already had a Green Card. When she was back in Japan, she went to the American Embassy and returned it.

She and I met a little while ago, and after meeting in person, we got engaged… and here we are.

Because the boy was born here, seems pretty obvious that I don't need to include his name in the Form I-129F petition… am I correct or do I still need to include it?

Thanks.

[belinda63 3,031]

This question is asked a lot on this board so my answer is not so specifically at you but at anyone else who may read this also.

The instructions say child of alien fiancé, they do not say only list children who will immigrate, only children who are not a USC, etc. You are required to list all her children.

Good luck in the process, you are very lucky to have met your special one.

[jbund 0]

Thank you, Belinda. I appreciate your time and help.

Next time, I'll make sure to search the forums before posting my questions.

[ehklei19 18]

There are two sections for listing children. If I recall correctly the first list of children are for those immigrating with the primary beneficiary. There is another section for children that are not immigrating. Since her child is already a US citizen he cannot be issued a visa and there cannot be an immigrant so make sure to list him in the non-immigrating section. All he needs is a current US passport.

Edited October 6, 2015 by ehklei19

[jbund 0]

There are two sections for listing children. If I recall correctly the first list of children are for those immigrating with the primary beneficiary. There is another section for children that are not immigrating. Since her child is already a US citizen he cannot be issued a visa and there cannot be an immigrant so make sure to list him in the non-immigrating section. All he needs is a current US passport.

Excellent! Thanks for the extra info, Ehklei. I really appreciate it.

[belinda63 3,031]

Again I was not biting at you but there is great confusion on this which can result in problems later. Frequently heard story....I didn't list the child because he didn't want to come but now he does, what do I do. Suddenly appearing children are a problem and makes USCIS doubt the relationship with the "mother". This usually leads to a DNA test being required.

Again, this does not apply to you but it needs to be put out there.

[Shauneg 762]

Again I was not biting at you but there is great confusion on this which can result in problems later. Frequently heard story....I didn't list the child because he didn't want to come but now he does, what do I do. Suddenly appearing children are a problem and makes USCIS doubt the relationship with the "mother". This usually leads to a DNA test being required.

Again, this does not apply to you but it needs to be put out there.

Yes yes yes.

[jbund 0]

Again I was not biting at you but there is great confusion on this which can result in problems later. Frequently heard story....I didn't list the child because he didn't want to come but now he does, what do I do. Suddenly appearing children are a problem and makes USCIS doubt the relationship with the "mother". This usually leads to a DNA test being required.

Again, this does not apply to you but it needs to be put out there.

I absolutely understand. And I agree with you; if there was a pinned post addressing these kind of things when filling up the I-129F form, it would be very helpful.