What to do about Fiance's son ?

[Ta Ta 1]

According to the new immigration reform proposal children over 21 , siblings and parents will no longer be able to be petitioned to stop 'chain migration'.

[Ken & Marife 0]

Hi, just read this thread and it caused me to become a little worried. I went back and looked at the 129F I filed, I still have PDF copy on my computer. I noticed I did not list my fiance's 2 daughters, will this be a problem for her at time of interview? If it is potential problem, is there any way to ammend 129F? By the way, her daughters are older and plan to stay with their grandmother. Thanks

[foo 0]

Regardless if the child is coming or not, you should list him in your I-129F. Don't forget to include the child's birth certificate and 2x2 ID.

Thank you for your reply, I think this is good advice, and thanks for the reminder on the BC and IDs.

child's BC and 2x2 photos are not required with submission of the 129F. important thing is to remember to list the child.

here's link to Manila Embassy website with info about K-2

http://manila.usembassy.gov/wwwh3204.html

I read that page , it gives some general info about children and k2. But I can't seem to find anything about K2 in the Guides. I get referred to the I-130. Now I'm confused hehe..

Here's what that page instructed:

"Children (unmarried and below 21 years of age) of a K1 applicant may derive immigration benefits from the same I-129 petition and are issued “K2” visas. Children identified in the approved I-129F petition are called “derivatives”. Derivatives may apply at the same time as the principal applicant parent or may apply later but must be issued K2 visas within one year from the date the K1 visa was issued to the principal applicant parent. Derivatives who are following to join the principal applicant parent must apply for their K2 visas in a timely manner to allow visa issuance within the required period."

How do we apply for a K2 visa when the mothers K1 is approved? Is that the I-130 or some other form? Is that done in Manilla, or here in the US ?

I read somewhere that children have to have their Father's written concent to leave the contry, but I can't find that reference. In this case, the Father is not to be found. What document needs to be filled out stating that fact, and when and where does it need to be filed?

[alexandra8886 0]

According to the new immigration reform proposal children over 21 , siblings and parents will no longer be able to be petitioned to stop 'chain migration'.

hi omoba,

do u have any written reference or inet add, with regards to that message.

thanks,

alexandra

[alexandra8886 0]

I noticed I did not list my fiance's 2 daughters, will this be a problem for her at time of interview? If it is potential problem, is there any way to ammend 129F? By the way, her daughters are older and plan to stay with their grandmother. Thanks

hi,

if your fiancee's children age above 21 years old then it wouldnt be a problem of not including their names in the 129F. Since children above 21 yrs old can't be included in the petition (under K1 application). BUT, these kind of information is needed in G-325a Form, which needs to submit with the 129F. Then, if they will found out that the children are under 21 & u didnt include in 129F, it may be a point of discussion in her interview.

better call the USCIS regarding on this issue, so you will get a more reliable source of answers to those questions.

dont forget to post the USCIS response here too..

goodluck,

alexandra

[alexandra8886 0]

How do we apply for a K2 visa when the mothers K1 is approved? Is that the I-130 or some other form? Is that done in Manilla, or here in the US ?

I read somewhere that children have to have their Father's written concent to leave the contry, but I can't find that reference. In this case, the Father is not to be found. What document needs to be filled out stating that fact, and when and where does it need to be filed?

hi akamac,

you know, i tried to search also the guidelines for K2 visa but like what you experienced, i also got confused & worried since the informations provided as if were not that definite as it is. then i realized, maybe there's no really as definite guidelines for K2 because its just a very basic situation. A simple as - Children under 21 yrs old can be included in the petition (for K1 application) & considered as K2.

this is the info i got from other site -

Now with regards of your questions, the way I understand it, is that K2 is under K1 application.

If K1 has approved, meaning any child that was included in the petition automatically approved also.

As per on the info on that site I posted - A SEPARATE PETITION IS NOT REQUIRED IF THE CHILDREN ACCOMPANY OR FOLLOW THE K1 APPLICANT WITHIN 1 YEAR FROM THE DATE THE K1 APPLICANT IS ISSUED HIS/HER VISA.

Therefore, as per on that statement, there will be a separate petition needed if the children didnt falls in any of that categories.

You mentioned also about the Father. Are you talking about the biological father of the child? the ex-husband of your fiancee?

Are you asking the consent needed from the biological father? Is that what are you trying to say?

alexandra

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[foo 0]

How do we apply for a K2 visa when the mothers K1 is approved? Is that the I-130 or some other form? Is that done in Manilla, or here in the US ?

I read somewhere that children have to have their Father's written concent to leave the contry, but I can't find that reference. In this case, the Father is not to be found. What document needs to be filled out stating that fact, and when and where does it need to be filed?

hi akamac,

you know, i tried to search also the guidelines for K2 visa but like what you experienced, i also got confused & worried since the informations provided as if were not that definite as it is. then i realized, maybe there's no really as definite guidelines for K2 because its just a very basic situation. A simple as - Children under 21 yrs old can be included in the petition (for K1 application) & considered as K2.

this is the info i got from other site -

Now with regards of your questions, the way I understand it, is that K2 is under K1 application.

If K1 has approved, meaning any child that was included in the petition automatically approved also.

As per on the info on that site I posted - A SEPARATE PETITION IS NOT REQUIRED IF THE CHILDREN ACCOMPANY OR FOLLOW THE K1 APPLICANT WITHIN 1 YEAR FROM THE DATE THE K1 APPLICANT IS ISSUED HIS/HER VISA.

Therefore, as per on that statement, there will be a separate petition needed if the children didnt falls in any of that categories.

Thanks for the link, it appears that the child should accompany the fiance to the interview and I guess if approved, the fiance gets a K1 visa sent and the child will have a K2 visa sent. I would love to hear from someone who has actually done this to verify.

You mentioned also about the Father. Are you talking about the biological father of the child? the ex-husband of your fiancee?

Are you asking the consent needed from the biological father? Is that what are you trying to say?

alexandra

Yes, I read somewhere, I can't remember where now, that my Fiance's son's biological father, who she was never married to, will need to give written consent to the son leaving the country. And in the event the biological father cannot be found to give consent, that there was some form to file somewhere stating the fact that the biological father can't be found to give consent. I am trying to find out if that is still the process, if so where is the instruction to do so. Does anyone know ?

Thanks,

Mac

[Ta Ta 1]

According to the new immigration reform proposal children over 21 , siblings and parents will no longer be able to be petitioned to stop 'chain migration'.

hi omoba,

do u have any written reference or inet add, with regards to that message.

thanks,

alexandra

There are several immigration reform news threads here and one called questions and answers

immigration reform

something ....sorry can't locate it right now.

[island_princess 2]

US Embassy in Manila does not require written parental consent to travel from a minor applicant's parent, for purposes of visa issuance. However, the Philippine Department of Social Welfare and Development (DSWD) requires Filipino children below 18 years old who are traveling abroad alone or unaccompanied by their parents to obtain a travel clearance from their office. Since this document is a Philippine government requirement, we can only suggest that you contact the DSWD Field office which has jurisdiction over your place of residence. Information regarding the required travel clearance is also available at this Internet address:

http://www.gov.ph/faqs/travelclearance.asp.

[island_princess 2]

If the child is not named on the I-129F petition, will that be a problem?

The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.

K-2 and K-4 have the same status. Both are derivative visas. So they must handled with, same as the other.

Taken from this site.

Hi, just read this thread and it caused me to become a little worried. I went back and looked at the 129F I filed, I still have PDF copy on my computer. I noticed I did not list my fiance's 2 daughters, will this be a problem for her at time of interview? If it is potential problem, is there any way to ammend 129F? By the way, her daughters are older and plan to stay with their grandmother. Thanks

Edited June 1, 2007 by island_princess

[raymaga 25]

I listed all 3 of my children on our I-129F petition (two were not intending to come to the U.S. as they were adults). I indicated that 2 of my 3 children were not accompanying me to the U.S. and that my daughter would follow later on (as she wanted to finish high school in Canada).

I came to the U.S. with my K-1 Visa in July, 2004, and my daughter followed-to-join with a K-2 Visa in September, 2005.

Even though it was longer than a year from the time I moved to the U.S. and the date she moved to the U.S., her K-2 Visa was in fact issued prior to one year from the issuance of my K-1 Visa. My K-1 Visa interview was June 10, 2004 and her K-2 Visa interview was May 26, 2005. We both had 6 months from the date of issuance to use our visas, and that is why there is more than one year from the dates we both entered the U.S.

Edited June 1, 2007 by raymaga

[alexandra8886 0]

Yes, I read somewhere, I can't remember where now, that my Fiance's son's biological father, who she was never married to, will need to give written consent to the son leaving the country. And in the event the biological father cannot be found to give consent, that there was some form to file somewhere stating the fact that the biological father can't be found to give consent. I am trying to find out if that is still the process, if so where is the instruction to do so. Does anyone know ?

Thanks,

Mac

hi mac,

as per my situation. I consulted the Phils Embassy here in M.E. regarding my daughter's future travel in foreign country.

Well, lucky me..since my daughter's name is under my surname & her biological father was not even specified in my daughter's BC. So., i have the full responsibility over my daughter.

I know some will react on this. but its major decision i made. We intend not to get married inspite of her existance. the fact that her biological father wasnt initiated any action to improve our situation , was the major factor that leads me to have a 100% power over my daughter.

Now, with the travel issue..as per the DSWD advice..clearance will not be needed as long as the child will be travelling either of his/her parents.

If your fiancee's son is under his biological father's surname & the name of his BioFather is also written in his BC, then its a different issue..

If i'm in the position of your fiancee, i'll be proactive in any circumstances that might take place in near future - secure a Power of Atty that its your fiancee who has the 100% right over her son. The fact that his BioFather was nowhere to found, is a good point for this.

THe main reason, by securing such POA is for the protection of your fiancee & her son.

Maybe not now..but might be in the future.

This POA can also serve as good proof that your fiancee & the son are clear over the BioFather - this is IF IN CASE SHE WILL BE ASKED BY THE CO.

I still highly suggest that your fiancee will contact DSWD regarding this matter.

regards,

alexandra

[foo 0]

US Embassy in Manila does not require written parental consent to travel from a minor applicant's parent, for purposes of visa issuance. However, the Philippine Department of Social Welfare and Development (DSWD) requires Filipino children below 18 years old who are traveling abroad alone or unaccompanied by their parents to obtain a travel clearance from their office. Since this document is a Philippine government requirement, we can only suggest that you contact the DSWD Field office which has jurisdiction over your place of residence. Information regarding the required travel clearance is also available at this Internet address:

http://www.gov.ph/faqs/travelclearance.asp.

Thank you island_princess, we were not aware of this requirement. It is possible the child will be traveling alone, so this paperwork will need to be done in advance.

[foo 0]

Yes, I read somewhere, I can't remember where now, that my Fiance's son's biological father, who she was never married to, will need to give written consent to the son leaving the country. And in the event the biological father cannot be found to give consent, that there was some form to file somewhere stating the fact that the biological father can't be found to give consent. I am trying to find out if that is still the process, if so where is the instruction to do so. Does anyone know ?

Thanks,

Mac

hi mac,

as per my situation. I consulted the Phils Embassy here in M.E. regarding my daughter's future travel in foreign country.

Well, lucky me..since my daughter's name is under my surname & her biological father was not even specified in my daughter's BC. So., i have the full responsibility over my daughter.

I know some will react on this. but its major decision i made. We intend not to get married inspite of her existance. the fact that her biological father wasnt initiated any action to improve our situation , was the major factor that leads me to have a 100% power over my daughter.

Now, with the travel issue..as per the DSWD advice..clearance will not be needed as long as the child will be travelling either of his/her parents.

If your fiancee's son is under his biological father's surname & the name of his BioFather is also written in his BC, then its a different issue..

If i'm in the position of your fiancee, i'll be proactive in any circumstances that might take place in near future - secure a Power of Atty that its your fiancee who has the 100% right over her son. The fact that his BioFather was nowhere to found, is a good point for this.

THe main reason, by securing such POA is for the protection of your fiancee & her son.

Maybe not now..but might be in the future.

This POA can also serve as good proof that your fiancee & the son are clear over the BioFather - this is IF IN CASE SHE WILL BE ASKED BY THE CO.

I still highly suggest that your fiancee will contact DSWD regarding this matter.

regards,

alexandra

Thank you Alexandra. My fiance is in the same situation. The biological father is not listed on the BC, she was advised to enter "Unknown" for biological father on the BC, and the son carries her family's name. Based on what you have written from your experience, she should not have any issues. However, your advising that she should get a POA, did you get one? If so, where?

r/

Mac

[jj1028 3]

Im on the same boat, i dont have my son's father's name on his bc so there shouldnt be a problem, and IMO she doesnt need to get a power of attorney cause your fiance has the full custody of the child and rights since father is isnt in bc.