Did not List Fiance' children on I-129F now what

[dwheels76 5,469]

Asking for someone.

 

They did the I-129F and it's now at embassy waiting for interview. But they didn't know they were to list his 3 kids. He wants them to follow within a year. So what do they do?
Do they write letter for CO and have the kids Birth certificates, letter from mom at interview?

How would they then go about the K2 if the kids weren't listed?
 

[dentsflogged 352]

The form and the documents required to refer to filling it out are really clear - it even asks if the Beneficiary has any children, and if so, you're required to put that information in.

If they ticked yes and didn't fill in the information, they would have gotten an RFE before now. 

 

If the application has got to Interview stage, it would clearly indicate that they ticked no. 

 

At best, they should withdraw the application and refile with the correct information. 

 

Not a lawyer or even an old hand at this, but knowing how governments work, I would expect that if it is found out, that it may void the visa if it has already been approved (because it was obtained via 'deception') or if pre-approval it would cause significant delays waiting for more forms to be filed OR could cause refusal based on a non-genuine relationship (because it may indicate that the Petitioner doesn't know the Beneficiary all that well if they didn't know about the children).

 

It may well be an honest mistake, but given that the question is quite clear: "Does your beneficiary have any children?" and follows on to ask for the details if it's a yes, I find it hard to believe that "Yes" was ticked and no info given and no-one picked that up without RFE until now.  

 

[Penguin_ie 5,997]

This is going to be a problem because they lied, intentionally or not.  And if they are from the same country as you, they have an uphill struggle getting approved, it is one of the most difficult countries to get an immigration visa through, and this will make is much more difficult.  The best thing to do is to bring everything to the interview, including a new and correctly filled in I-129, and explain the error and why.  If the reason seems genuine, maybe the CO will take pitty on them and accept the new I-129, but they should prepare for lengthy AP.

 

I don't mean to be negative, but since your friends made such a huge mistake in what is the very easy, clear part of the form, it would be a kindness if you went through all their documents with them and made sure there are no mistakes with the more complicated/ less clear parts.