Same case!

[FlynneGrace 0]

I know... big mistake but I'm here ready to face the consequences.

 

I got approved on my K1 visa without disclosing the baby. Already here in the US and married. We are about to file the adjustment of status and we wanted to be honest about it. 

 

Anybody here have idea or same case that can give us hope that everything will be okay? It actually doesn't matter if I get approve or not. I just miss my baby and just wanted to be with her. 

 

Thank you. 

[Boiler 45,731]

Does your spouse know?

 

Who is the father?

 

How old is the child?

[FlynneGrace 0]

Yes. I decided to be honest with him and let him decide. 

 

She's 1 year old. Going 2 earlier next year. 

 

Father is from our country.

[Boiler 45,731]

So he has only recently found out?

[FlynneGrace 0]

No. I told him when we were still waiting on our K1 visa approval. 

[Marieke H 2,520]

I'm confused. The screenshot you shared is about adding a newborn to a K-1 application. But it sounds like you moved to the US without your child (without even disclosing that you have a child?) and are now wanting to petition for your child? Can you be more specific about your situation and question? Your message and the screenshot are 2 very different situations.

[Boiler 45,731]

I do not know if you could do a k2 follow to join?

 

otherwise husband files I 130

[FlynneGrace 0]

Sorry for confusing you! The screenshot is about the person who posted it here before. The reason why I said on the title "Same Case". I mean me and his fiance got pregnant and the petitioner is not the biological father but still went through the process. 

 

So maybe the difference is I didnt diclosed my daughter to my medical and us embassy interview. I was granted the K1 visa and made it to the US.

 

Now my question is about applying for the adjusment of status (AOS 1485) and i want to put my child on the filling form. Im just wondering if people here have any idea how complicated could it be or anybody here experience it and could advice how or what to expect from USCIS.

[Moda25 51]

AOS is for people that are already in the US. Maybe you should let your US citizen file an I-130 for her and see what happens. The worst case will be a denial or them requesting a DNA test for you and your daughter.

[K1visaHopeful 2,850]

59 minutes ago, FlynneGrace said:

 

Now my question is about applying for the adjusment of status (AOS 1485) and i want to put my child on the filling form.

A derivative is someone that, because of the person's familial relationship, can be added to one form. I485s don't have that option.

 

The child of a K1 can be added to a K1 Visa visa stage but they aren't called derivatives.

 

You cannot simply add anyone to your I485 (other than disclosing then as your child but that would not give them a visa or AOS).

EACH K1/K2 AOS filer needs their own I485 and seeing that your child was not a K2 because you did not disclose them as a K2, they are not in the US and eligible to file an I485.

 

They need a visa to get them to the US via I130 now and likely, there will be lots of questions on why you hid everything instead of disclosing at the visa stage. 

59 minutes ago, FlynneGrace said:

Im just wondering if people here have any idea how complicated could it be or anybody here experience it and could advice how or what to expect from USCIS.

Your VJ timeline is blank. Please fill it out in reciprocity. While our answers help YOU, your stats help all VJ members. 

Edited November 14 by K1visaHopeful

[FlynneGrace 0]

Well I am not applying AOS for her to be clear because she's not here with me. I just wanted to put her information on this part of filling information about children. 

 

 

[Marieke H 2,520]

1 hour ago, FlynneGrace said:

I just wanted to put her information on this part of filling information about children.

You are going to have to provide her information there, because not doing so would be misrepresentation. Be prepared to explain why you did not disclose that you have a daughter during the K-1 process.

[Pinkrlion 2,724]

You will have to wait to file I-130. Your husband should file it. Who has the child now?

Edited November 14 by Pinkrlion

[FlynneGrace 0]

On 11/14/2024 at 4:11 PM, Pinkrlion said:

On 11/14/2024 at 4:11 PM, Pinkrlion said:

You will have to wait to file I-130. Your husband should file it. Who has the child now?

My sister is taking care of her right now back home. 

[Ontarkie 14,304]

I've seen it on here so many times over the years. Go ahead and list her like you should have from the start.  Since she was not listed I don't think you have any chance to get a K2 follow to join for her. You can always call the consulate and ask, but that might open a can of worms. 

 

If your husband is willing to file for her, he needs to get started asap as it can still take up to two years unless things speed up.