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Youngest son not listed in k1 visa...

By ronh in Philippines

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ronh Explorer

ronh   27

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I need some advice. I came here in the US thru fiancee visa in 2009. I have 2 boys but my youngest son's name was not on the k1. I talked to my husband about  my youngest and he understand and forgave me and accepted my son with all his heart. We start saving money and now we're ready to file a petition for the boys. My question is, can we still petition my youngest son though his not listed on k1 visa? Please need your help. Thank you.

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Unlockable Mentor

Unlockable   7,314

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Yes you can. How old is your son now? Your son was under the age of 18 when you married your husband? If so, it would be best for him, a US citizen, file for your son as a stepchild.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Penguin_ie Grand Master

Penguin_ie   5,993

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Yes you can file.  You will get extra questions on why you lied on your own forms and claimed only one child when you had two, and they might ask for a DNA test to ensure he is your son.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Sagot Proficient

Sagot   1,548

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11 hours ago, ronh said:

I need some advice. I came here in the US thru fiancee visa in 2009. I have 2 boys but my youngest son's name was not on the k1. I talked to my husband about  my youngest and he understand and forgave me and accepted my son with all his heart. We start saving money and now we're ready to file a petition for the boys. My question is, can we still petition my youngest son though his not listed on k1 visa? Please need your help. Thank you.

You didn't process the K-2 for your oldest son?     Not being listed on the I-129F is minor, and is for the processing of the K-2 visa anyway.

 

There is no issue petitioning (I-130) both your boys.  Follow the process for the Immigrant visa (I-130).    Be honest and factual with all questions.

 

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/petition.html

Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

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ronh Explorer

ronh   27

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Hi, we did not process the k2 for my oldest son at that time because we don't have money to bring him here. And now we are ready to start the I-130. It was a stupid mistake what I've done but I m so glad that my husband understand me when I told him about it. I'm just worried that they will deny the petition for my youngest son. Never get to see my boys since I left in PI in 2009. Thank you for the reply.  

Edited by ronh
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Hank_ Grand Master

Hank_   9,174

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14 minutes ago, ronh said:

Hi, we did not process the k2 for my oldest son at that time because we don't have money to bring him here. And now we are ready to start the I-130. It was a stupid mistake what I've done but I m so glad that my husband understand me when I told him about it. I'm just worried that they will deny the petition for my youngest son. Never get to see my boys since I left in PI in 2009. Thank you for the reply.  

I would not stress on this at all.  Seriously, as long as everything is provided as required (for the I-130) to USCIS/NVC/USEM you shouldn't have issues.   Even if USEM questions about the I-129F during the interview (which I doubt) be HONEST.

 

 

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Greenbaum Grand Master

Greenbaum   12,259

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The CO has heard cases very similar to yours. Your not the first Filipinas to have this situation. Be sure to be honest at the interview, have confidence, look the CO in the eye when answering.  Don't volunteer any information wait to be questioned. You're going to be fine.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

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ronh Explorer

ronh   27

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I have a question in I-130. Part 5 other Information. Have you EVER previously filed a petition for this beneficiary or other alien? Yes.  Name?  Is it my maiden name or Married name?  Place?  Is it the city and the State where my husband filed the K1 visa? Please need some help. Thank you

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ronh Explorer

ronh   27

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Do I need to get an immigration lawyer since I lied on my k1 visa? Somebody said that I need one. To be honest with you all, I cannot afford to pay a lawyer. What would I do?  Please need some advice again. Thank you all and have a bless day.

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Sagot Proficient

Sagot   1,548

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Filed: Other Country: Philippines
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8 minutes ago, ronh said:

Do I need to get an immigration lawyer since I lied on my k1 visa? Somebody said that I need one. To be honest with you all, I cannot afford to pay a lawyer. What would I do?  Please need some advice again. Thank you all and have a bless day.

Heck NO!!!   Total waste of money.   You got all the advice you need for the I-130 process.   Stop worrying about not having your son listed on the I-129F back in 2009, it is not a big deal.   As long as the birth certificates from PSA list you as the mother all is good. :thumbs: 

 

(oh ya .. .STOP listening to "somebody" ... they are clueless)

 

(your husband is the petitioner)  As for you other question regarding Part 5, I would use your maiden name there as it appeared on the I-129F, and your address in the Philippines at that time.  And the results are obvious :) 

Edited by Sagot

Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

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Gekgek Contributor

Gekgek   13

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Hi ronh I have the same issue as yours. I didn’t declare my daughter on my paper when I got my gcard. Now I’m planning to apply for naturalization for my 5yrs residency. Coz I want to petition her after I get my citizenship. But I’m anxious the fact that I lied to immigration that I don’t have a child that time. I’m worried I might get denied or worst they send me back home coz I still have another daughter here in US that was born here. Pls need your help. Ty in advance

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