K-1 With A Baby

[Bliss19 0]

I was looking at some K-2 statistics in my fiancé's home country and it seems that they haven't denied any K-2 petitions in the last five years? Does having kids make things easier? We have a newborn daughter, but I'm the petitioner and she's already in the U.S. with me. Has anyone read cases where they outright deny couples with kids? 

[powerpuff 6,697]

If your fiancé is in the US. with your newborn then why would a newborn need a visa?

[SalishSea 17,818]

20 minutes ago, Bliss19 said:

I was looking at some K-2 statistics in my fiancé's home country and it seems that they haven't denied any K-2 petitions in the last five years? Does having kids make things easier? We have a newborn daughter, but I'm the petitioner and she's already in the U.S. with me. Has anyone read cases where they outright deny couples with kids? 

No K-2 is needed.

[Crazy Cat 41,822]

39 minutes ago, Bliss19 said:

and it seems that they haven't denied any K-2 petitions in the last five years?

Can you us tell how you concluded that?

Edited March 14 by Crazy Cat

[SalishSea 17,818]

Just now, SalishSea said:

No K-2 is needed.

Also-  having kids neither hurts nor helps the chances of a denial.   

Edited March 14 by SalishSea

[Bliss19 0]

55 minutes ago, Crazy Cat said:

Can you us tell how you concluded that?

I was looking at a table of the denials and approvals per visa category. It showed no denials for K-2 visas.  

[Crazy Cat 41,822]

1 minute ago, Bliss19 said:

I was looking at a table of the denials and approvals per visa category. It showed no denials for K-2 visas.  

Where can I find a table of denials?  DOS publishes visas issued....but I have never seen a table of denied visas.

Edited March 14 by Crazy Cat

[Bliss19 0]

57 minutes ago, SalishSea said:

No K-2 is needed.

Yes, I know! I was looking at K1 approvals and moved on to the K2 information just out of curiosity. 

[Boiler 45,461]

I am sure there have been but I cannot recollect seeing any K2 denials?

 

But then denials are not that common.

[SalishSea 17,818]

2 hours ago, Bliss19 said:

I was looking at a table of the denials and approvals per visa category. It showed no denials for K-2 visas.  

Are you talking about petition denials?  Because the State Department does not publish such info on visas.

[Redro 4,611]

2 hours ago, Bliss19 said:

I was looking at a table of the denials and approvals per visa category. It showed no denials for K-2 visas.  

Can you share the page you were looking at?

When it comes to K1 and K2. 

The petitioner files an I129F for their fiance.

If the I129F is approved and children are mentioned on the I129F, DS160s can be filed for the children of the beneficiary so the children can move to the US with the beneficiary OR "follow to join" a year later. 

A K2 is not a standalone visa, it can only be issued IF there is an approved I-129F for the beneficiary parent. 

Therefore if a I129F is denied the K2 never sees the light of day. It cannot be denied because there was no underlying petition exclusively for the K2 beneficiary. 

 

From my understanding, the same holds true for I-130s for stepchildren. 

The stepchild's I-130 cannot be approved until the PARENT's I-130 is approved. 

Having stepchildren  (or future stepchildren) does not strengthen or weaken a case.... 

 

But, we have seen comments here on VJ where having children together has strengthened a case.  USCIS suggest birth certificates of any children born to the union as evidence of bonafide marriage. 

 

 

Edited March 15 by Redro