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Fenrir

Do we have to file a K2?

By Fenrir in K-1 Fiance(e) Visa Case Filing and Progress Reports

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Fenrir Rookie

Fenrir   5

Posted
Filed: K-1 Visa Country: England
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Posted

My fiancé and I are getting ready to file the first set of paperwork for a k1 visa.  He is British and has a minor son with an ex girlfriend.  His son wants to stay in England with his mother.  I know we have to declare he has a son, but do we have to file for a K2?  My fiancé has an informal agreement with his child's mother on visitation and support.  I can't seem to locate any information on this topic, only bringing the child here on a K2.  Any help would be greatly appreciated.  

Boiler Grand Master

Boiler   46,322

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

K2 is for the child to immigrate.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   46,322

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Yes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JayMar2019 Proficient

JayMar2019   2,741

Posted
Filed: Lift. Cond. (pnd) Country: Jamaica
 Timeline
Posted (edited)
29 minutes ago, Fenrir said:

Yes.  We are confused if it's really as simple as just not filing a K2 for the child and only filing the K1?

You don't have to file a K2 but have a year from the date your fiancé's visa is issued to file a K2 should you guys decide you want the child to come over to live in the US. After the year expires, and you want to bring him over, you guys will have to file the I-130 which takes a longer time to bring the child over.

 

The Embassies are fully aware of this and experienced with the fact that many parents do not bring their child(ren) with them when come to the US for many reasons, some what to come and get established and settled first, the child is too young, the other parent does not agree with allowing the child to accompany the parent to the US. Either way, if you guys later want to his child to come over, BOTH biological parents have to be in agreement and it has to be a written/signed document - verbal agreements are not acceptable.

 

When your fiancé files the DS-160 (visa application), there's a question that asked if he is bringing any children over with him (I don't know the verbiage for an exact quote but you will know the question when you see it); he will just simply click "no" and continue on with the form. It will not hinder or delay the K1 visa process nor should it be an issue/concern during the interview.

 

Good luck to the both of you on the rest of your journey! :D

Edited by Trinab80

ROC Filing:

4/21/2021 - Sent ROC Package via FedEx

4/22/2021 - FedEx package delivered and signed

5/11/2021 - Check cashed

5/14/2021 - Received NOA1 via mail (NOA1 date: 5/8/2021)

6/9/2021 -  Biometrics waived - Case updated to Fingerprints taken

 

 

 

 

 

 

Eric&Olya Community Regular

Eric&Olya   881

Posted
Filed: AOS (apr) Country: Ukraine
 Timeline
Posted
1 hour ago, Fenrir said:

My fiancé and I are getting ready to file the first set of paperwork for a k1 visa.  He is British and has a minor son with an ex girlfriend.  His son wants to stay in England with his mother.  I know we have to declare he has a son, but do we have to file for a K2?  My fiancé has an informal agreement with his child's mother on visitation and support.  I can't seem to locate any information on this topic, only bringing the child here on a K2.  Any help would be greatly appreciated.  

You don't have to file for a K2 if the child is not immigrating. But you have to mention that your fiance has a son in your I-129f nonetheless

Spoiler

 

02/27/2017 - I-129 sent

03/02/2017 - Received date

03/07/2017 - NOA1 text and email

03/10/2017 - NOA1 hard copy

06/14/2017 - RFE mailed

06/17/2017 - RFE received (an unchecked box)

06/19/2017 - response to RFE mailed

06/23/2017 - response to RFE received

06/28/2017 - NOA2 Notice date

07/03/2017 - NOA2 hard copy received

07/11/2017 - NVC case number assigned

07/16/2017 - NVC left

07/17/2017 - Case Ready

07/19/2017 - Packet 3 received

08/18/2017 - Medical

08/23/2017 - Interview - Approved!!!

08/28/2017 - Visa issued

09/04/2017 - Visa in hand

10/27/2017 - POE (JFK)

11/25/2017 - got married!!!

 

AOS - K-1 + 2 K-2s

01/07/2018 - mailed AOS and EAD forms

01/11/2018 - Received date

01/18/2018 - Notice date

01/22/2018 - text notifications

01/25/2018 - got hard copies

02/12/2018 - biometrics

05/22/2018 - EAD approved 

06/26/2018 - AOS interview

06/27/2018 - AOS approved

07/03/2018 - approval notices received

07/05/2018 - green cards received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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