Child of K1 fiancee & divorce issue

[llaz 232]

Anyone have any insight here...

The I-129F asks for the address of the child of my fiancee, does the USCIS, NVC or Embassy send any information actually to this address that is given? I ask because my fiancee's son lives with his mother (she has primary custody, he is 9yo) and neither my fiancee nor I want things from this in her hands.

Also, fiancee's son will be staying in Chile for quite some time, he will not be coming to the United States with us. The only possibility we have of seeing him is if he is to come for a month or so every other year. If my fiancee's son eventually decides he would like to come to the US to pursue permanent residency/citizenship here is there a certain number of years he has to do this?

Lastly, in this country in order to get an uncontested or one sided divorce (fiancee's ex doesn't want to sign the paperwork) the couple must file a termination of co-habitation document, this document must be at least three years old in order to file for the uncontested or one sided divorce. My fiancee and his ex have been separated verbally for 8 years, neither of them bothered to do the paperwork though before. I worry that USCIS may look at it strange that my fiancee and I are filing for a k1 visa so close to the time that he has been legally allowed to divorce. Should I cite the Chilean laws in some place in my packet? Or does someone else have a better idea or has someone been through this before?

I maybe should note that this is my second k1 visa that I will be filing for.

Thanks!

[Georgia16 2,858]

The I-129F ask for the name of the child I did not write my boys address on it.

Is he divorced yet? He has to be legally divorced before you file the I-129F

[aleful 1,905]

hi

no need to cite laws, does he have his divorce decree in hand? he must be free to marry before you can send the form

If not,, then don't bother sending the k1 now until he is free to marry

Edited July 23, 2016 by aleful

[llaz 232]

The I-129F ask for the name of the child I did not write my boys address on it.

Is he divorced yet? He has to be legally divorced before you file the I-129F

He is not legally divorced yet but we are almost there and are getting everything ready so that the day he's divorced we can go ahead and send it off. We've waited a long time for this lol.

[llaz 232]

Anyone have any insight regarding the child?

[Unlockable 7,314]

Anyone have any insight regarding the child?

In regards to what?

If you are looking down the road the only issue I see regarding the child is with his mother. You will need his mother's permission for the child to immigrate or even visit you in the US. You mentioned how the ex is unwilling to sign divorce papers. She may complicate things in the future regarding the child being able to come to the US.

Just be sure your fiance has his fiance's name on your documents now. I'm not sure about his address but it looks like that question has been answered.

[llaz 232]

In regards to what?

If you are looking down the road the only issue I see regarding the child is with his mother. You will need his mother's permission for the child to immigrate or even visit you in the US. You mentioned how the ex is unwilling to sign divorce papers. She may complicate things in the future regarding the child being able to come to the US.

Just be sure your fiance has his fiance's name on your documents now. I'm not sure about his address but it looks like that question has been answered.

I know that we will need his mothers permission for the child to visit or immigrate, that is a whole other issue we are in the process of working on.

What I am asking is the child is 9 years old right now, if he decides later on, when he is is 18 (or a legal adult) that he wants to immigrate will he, at that time, have the opportunity to immigrate with a K2 visa or does he only receive a certain number of years once my fiancee has entered into the US to apply for his K2 visa?

Thank you.

[Unlockable 7,314]

I know that we will need his mothers permission for the child to visit or immigrate, that is a whole other issue we are in the process of working on.

What I am asking is the child is 9 years old right now, if he decides later on, when he is is 18 (or a legal adult) that he wants to immigrate will he, at that time, have the opportunity to immigrate with a K2 visa or does he only receive a certain number of years once my fiancee has entered into the US to apply for his K2 visa?

Thank you.

Ah, I see.

You only have 1 year after the beneficiary arrives in the US to use the K2 for follow to join on children. After that the USC would file for I-130 which will take about a year for the visa to be issued. Make sure this is done before your son is 21 y/o, otherwise the process will take a lot longer.