Do children attend the K1 interview if they are not moving?

[Brittani 484]

I'm so confused about how my future step child comes into play with this process?

So, obviously he was listed on the petition however he will not be moving over with his father (my fiance) he wants to live with his mother in the UK and visit us on holidays. My questions are about this are....

1. Does he have to be listed on the affidavit of support? On almost all sites all they say is "list accompanying children" obviously he won't be...but then some say list him and just include he will not be accompanying so for the ones who have gone through this which is it? 

2. Does he have to attend the interview with my fiance when he does his K1 interview? We both assume not because like I said he is not moving with him..

 

Please only answer if you know the answers. Most of the stuff I find the fiance is a female and the children are planning on moving with her....

I really don't want to screw anything up and delay the process...thanks in advance!

[Dashinka 24,767]

In our case, my step-son was an adult at the time of my fiance’s K1 interview and he did not attend the interview and was not required to.  We did list him in all the forms where it asked for the beneficiary’s children.

 

Good Luck!

[Brittani 484]

1 minute ago, Bill & Katya said:

In our case, my step-son was an adult at the time of my fiance’s K1 interview and he did not attend the interview and was not required to.  We did list him in all the forms where it asked for the beneficiary’s children.

 

Good Luck!

Well, his son is 12 and he isn't moving over here with us. He wants to stay in England with his mother. He will visit but as far as I know that's done through a visitor's visa. We did list him on the initial petition (form I-129F). 

[JE57 239]

In short, no his son would not attend the interview with him.  We listed my now wife's daughter on the application as well and she did not attend the interview as she was not immigrating either.  So no his Son would not attend the interview.  

 

And the affidavit of support needs to list the people who will be residing in and supported by you in the USA.  Since his son is not he would not be listed.  Again my now wife's daughter was not listed on that form.  The more people you list the bigger the household becomes and the larger the income must be to get above the 125% poverty line.

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[Brittani 484]

5 minutes ago, JE57 said:

In short, no his son would not attend the interview with him.  We listed my now wife's daughter on the application as well and she did not attend the interview as she was not immigrating either.  So no his Son would not attend the interview.  

 

And the affidavit of support needs to list the people who will be residing in and supported by you in the USA.  Since his son is not he would not be listed.  Again my now wife's daughter was not listed on that form.  The more people you list the bigger the household becomes and the larger the income must be to get above the 125% poverty line.

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Thank you! This makes so much more sense than what I've been reading. 

 

So it would be completely pointless to list him on the affidavit of support for his K1 interview but include an extra note explaining I would not be supporting him since he isn't immigrating?

[NikLR 13,232]

No and no.  He does not need an affidavit of support nor does he need to be included in the household count.  He has no interview of his own and will not be allowed to attend his father's.

 

If he was immigrating on a K2 you would have had to do a ds-160 for him and supply him with his own I-134. 

Edited November 14, 2017 by NikLR

[Brittani 484]

4 minutes ago, NikLR said:

No and no.  He does not need an affidavit of support nor does he need to be included in the household count.  He has no interview of his own and will not be allowed to attend his father's.

 

If he was immigrating on a K2 you would have had to do a ds-160 for him and supply him with his own I-134. 

Ok thanks!

[Wuozopo 4,293]

If his son was  immigrating, he would have his own DS-160 applying for a visa. 

(London website instructions)

Complete the application online Form DS-160 for each family member applying for a visa and print the confirmation page as it will be required at the time of your interview.

 

If his son had a DS-160 applying for a visa, he would attend the interview.

(London website instructions)

All immigrant visa applicants, including children, are required to visit the Embassy in person for a formal visa interview.

 

The son has no reason to attend his father's visa interview. 

 

Off topic,  but to help you with this statement you made "I'm so confused about how my future step child comes into play with this process?" It may not be relevant to you now, but here are possibilities:

The son is attached to his father's approved petition. He could actually apply for his own visa now or anytime within one year. (That's the follow to join part). Say in 6 months, he changed his mind. The petition part is already done. He only has to do the London part (DS-160, medical, interview)

 

Another scenario (after his 1 year follow to join time expires)--The boy decides at age 15 he wants to live with his dad. Because you will marry before the child is 18, you qualify as the step-parent. The boy is your child to immigration. You could petition, as an American, for an immediate visa for your child easier than your spouse could as a permanent resident petitioning for his child. There would be a queue waiting a couple of years for a visa to be available to the child of a permanent resident. The number of visas per year for those are limited and the number applying always exceeds the number allowed. No limit on a visa for the child of an American citizen.

 

 

 

 

 

 

[Ashley Scott 180]

5 hours ago, Brittani said:

Thank you! This makes so much more sense than what I've been reading. 

 

So it would be completely pointless to list him on the affidavit of support for his K1 interview but include an extra note explaining I would not be supporting him since he isn't immigrating?

My (now) husband has a daughter still in the UK.  We listed her on the applications to acknowledge he has a daughter, but not on any of the affidavits due to her not being counted in our household here.  The child will not be required to attend the interview since he is not planning to immigrate with your fiancé.  I also, just for peace of mind, sent a letter with him to his interview acknowledging that I am fully aware of his daughter and that she would not be immigrating with him.  They never asked anything about it during any of his processes though and the letter was not needed. 

Edited November 14, 2017 by Ashley Scott

[Wuozopo 4,293]

I am male, have two children in England, and interviewed in London for a K1 visa.

My children were listed on every form for all of immigration if it asked for my children, including the I-134. There is no formal head count on an I-134 like there is on an I-864.  There is no need to add explanations and notes. Your fiancé will be face to face with the first and only person who reviews your I-134 which happens at the interview. He surely can say his son is not immigrating if the subject comes up, but I am pretty sure  they will already know that for lack of a visa application by the son. It is a subjective decision by that officer whether your I-134 is sufficient. He has to be convinced your fiancé will not become a public charge. No long winded rules written in the Foreign Affairs Manual law books on it. London is quite relaxed on this. You can be deemed having sufficient proof with only an employer letter...no tax return, transcript, bank statements, etc. Listing or not listing the children doesn't seem to matter because you have examples of people who did it both ways. The I-134 wasn't even discussed at my interview. Not a word about it. You're with the officer about 5 minutes, standing at a counter with glass window. It is not as scary as you imagine. They are nice and want you to succeed. 

Edited November 14, 2017 by Wuozopo