Children & the interview

[Wismer 5]

Hi. Unfortunately,  I will not have sole custody of my 4 boys (all under 18) in time for them to be with me in the USA. They had to be listed on the I-129F app. I have read that the interview will include discussion/ documentation about children "as if" they would be coming with me.  Any advice on how to handle this at the interview? I am hoping that I will be able to apply to have them with us as soon as I can. Thank you in advance.

[GreatDane 366]

2 hours ago, Wismer said:

Hi. Unfortunately,  I will not have sole custody of my 4 boys (all under 18) in time for them to be with me in the USA. They had to be listed on the I-129F app. I have read that the interview will include discussion/ documentation about children "as if" they would be coming with me.  Any advice on how to handle this at the interview? I am hoping that I will be able to apply to have them with us as soon as I can. Thank you in advance.

 Not sure what your options are. They will either be included on the Visa or not. If they are to be included, they must attend the interview. If they are not included on the petition, they will require parental permission and an i-130 later on. It takes two years but only if they are under 21. Once they got 21, it raises to 6+ years. I'd recommend working out custody now, while you're physically there. Once you leave it's harder and kids are less invested.

[Wismer 5]

Thank you for your excellent and informative reply and guidance. Sincerely appreciated.

[TM92 527]

3 hours ago, Wismer said:

I am hoping that I will be able to apply to have them with us as soon as I can.

1 hour ago, GreatDane said:

If they are not included on the petition, they will require parental permission and an i-130 later on. It takes two years but only if they are under 21.

I-130 petition filed by OP's fiance (after OP marries in the US); https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html#0-0-0-1129:

Quote

(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;

Or am I mistaken?

[Georgia16 2,858]

If they are not coming with you, you just put all their names on the I-129F but at the time of the interview you just don't pay their fees and don't do medicals that way the embassy will see you are not looking for a K-2 visa for them.

[Amadia 711]

It is good that you are aware that you need full custody of them to migrate with them to the US.

 

In my case, when my husband and I talked about getting married and filing to migrate, I spoke to my kids' biological father and explained my intention of taking the kids with me and the fact that I needed him to approve them leaving the country. We went to Family Court and he signed paperwork for them to migrate and that was that. My husband then filed for the visas for me and my kids and we had a smooth process. My kids did have to attend the interview with me.

 

I hope your issue works out.

[NikLR 13,232]

12 hours ago, Wismer said:

Hi. Unfortunately,  I will not have sole custody of my 4 boys (all under 18) in time for them to be with me in the USA. They had to be listed on the I-129F app. I have read that the interview will include discussion/ documentation about children "as if" they would be coming with me.  Any advice on how to handle this at the interview? I am hoping that I will be able to apply to have them with us as soon as I can. Thank you in advance.

You dont need full custody, you need at least a notarized statement from the other parent saying they are aware that the children will be immigrating to the USA.  

[NikLR 13,232]

23 minutes ago, Amadia said:

It is good that you are aware that you need full custody of them to migrate with them to the US.

 

In my case, when my husband and I talked about getting married and filing to migrate, I spoke to my kids' biological father and explained my intention of taking the kids with me and the fact that I needed him to approve them leaving the country. We went to Family Court and he signed paperwork for them to migrate and that was that. My husband then filed for the visas for me and my kids and we had a smooth process. My kids did have to attend the interview with me.

 

I hope your issue works out.

You do not need full custody for a child to immigrate.  Even with full custody a notarized statement from the other parent may be required (it is in Canada unless the other parent is not allowed contact.)

[Amadia 711]

4 minutes ago, NikLR said:

You do not need full custody for a child to immigrate.

It may be this way for Canada but it may also be different in other countries. Different laws and all.

[NikLR 13,232]

34 minutes ago, Amadia said:

It may be this way for Canada but it may also be different in other countries. Different laws and all.

Yup but the OP is interviewing in Canada as per their flag and timeline.  

Edited August 3, 2018 by NikLR

[Ksenia_O 696]

18 hours ago, Wismer said:

Hi. Unfortunately,  I will not have sole custody of my 4 boys (all under 18) in time for them to be with me in the USA. They had to be listed on the I-129F app. I have read that the interview will include discussion/ documentation about children "as if" they would be coming with me.  Any advice on how to handle this at the interview? I am hoping that I will be able to apply to have them with us as soon as I can. Thank you in advance.

As NikLR mentioned , try to get  a notarized statement from their father. And if you have it, you won't need to petition kids - they will be able to join you as K-2 visa holders.

 Even if they don't attend your up-coming interview - they will have a year after your K-1 visa issuance date to join you as K-2 visa holders.

 

Good luck!!

Edited August 3, 2018 by Ksenia_O

[TM92 527]

18 minutes ago, Ksenia_O said:

Even if they don't attend your up-coming interview - they will have a year after your K-1 visa issuance date to join you as K-2 visa holders.

^This 100%. @Wismer, here is the Department of State page; https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#16:

Quote

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

[Ryan H 3,834]

~~~Hijack post and reply to said post removed; if you have a question about your own case, you need to start your own thread.~~~