Fiance question

[youngdaddy 0]

if my american citizen friend will petition a filipina as his fiance with 2 kids and marry her in the states will the kids be included as part of the petition? does he need to adopt them first? will they carry his surname in the end?

[KarenCee 3]

  youngdaddy said:

if my american citizen friend will petition a filipina as his fiance with 2 kids and marry her in the states will the kids be included as part of the petition? does he need to adopt them first? will they carry his surname in the end?

A K2 will need to be filed for both kids, each one is a separate petition. They cannot be included with the fiancée petition. If he wants them to carry his surname, the children's biological father would have to be contacted and agree. Then your friend could legally adopt them. At least, that's the way it works here in the States.

[Scott y Kemerlita 0]

  youngdaddy said:

if my american citizen friend will petition a filipina as his fiance with 2 kids and marry her in the states will the kids be included as part of the petition? does he need to adopt them first? will they carry his surname in the end?

I agreee... you he doesn't need to adopt them first. Just filling a petition.

[pushbrk 13,324]

  KarenCee said:

  youngdaddy said:

if my american citizen friend will petition a filipina as his fiance with 2 kids and marry her in the states will the kids be included as part of the petition? does he need to adopt them first? will they carry his surname in the end?

A K2 will need to be filed for both kids, each one is a separate petition. They cannot be included with the fiancée petition. If he wants them to carry his surname, the children's biological father would have to be contacted and agree. Then your friend could legally adopt them. At least, that's the way it works here in the States.

The petition portion of the above is incorrect. Only one petition is filed. You list the names of both children on the I-129F petition. Later, there will be visa applications sent from the Consulate. Each child needs their own visa application and will pay their own visa fee. After US arrival and marriage, all three will need I-485's filed to adjust status.

Generally, the other parent's permission is required for immigration or a legal document indicating the immigrating parent has full custody. Someone will correct this if not accurate, but I beleive in the Philippines, the mother always has full costodial rights to her children unless she expressly gives them up.

I believe the surname/adoption portion of the above answer is generally correct but an adoption and/or legal name change for a child is a legal matter, so I would consult an attorney on that.

[KarenCee 3]

  pushbrk said:

  KarenCee said:

  youngdaddy said:

if my american citizen friend will petition a filipina as his fiance with 2 kids and marry her in the states will the kids be included as part of the petition? does he need to adopt them first? will they carry his surname in the end?

A K2 will need to be filed for both kids, each one is a separate petition. They cannot be included with the fiancée petition. If he wants them to carry his surname, the children's biological father would have to be contacted and agree. Then your friend could legally adopt them. At least, that's the way it works here in the States.

The petition portion of the above is incorrect. Only one petition is filed. You list the names of both children on the I-129F petition. Later, there will be visa applications sent from the Consulate. Each child needs their own visa application and will pay their own visa fee. After US arrival and marriage, all three will need I-485's filed to adjust status.

Generally, the other parent's permission is required for immigration or a legal document indicating the immigrating parent has full custody. Someone will correct this if not accurate, but I beleive in the Philippines, the mother always has full costodial rights to her children unless she expressly gives them up.

I believe the surname/adoption portion of the above answer is generally correct but an adoption and/or legal name change for a child is a legal matter, so I would consult an attorney on that.

My sincerest apologies for using the wrong terminology and for posting incorrect information Pushbrk sir. *sigh*

[Chantel 0]

  youngdaddy said:

if my american citizen friend will petition a filipina as his fiance with 2 kids and marry her in the states will the kids be included as part of the petition? does he need to adopt them first? will they carry his surname in the end?

yes it can be included in the petition of K1,include all their names in the 129F forms and all other forms until the end of the process, call it as K1 derivatives, but if they decided to follow after a year and its a separate process......if its a K1 derivatives doesn't follow the surname unless he is willing to adopt them.....

[Bill y Bella 0]

  KarenCee said:

My sincerest apologies for using the wrong terminology and for posting incorrect information Pushbrk sir. *sigh*

I'm not sure that was really necessary. It is very easy for an inexperienced member to misinterpret advice and it never hurts to have a clarifying comment if there is any chance of confusion.

To skyblue06: The first step in the process is to file a I-129F petition. If the petition is approved, the beneficiary (i.e. fiance in the Phillipines) will have an opportunity to apply for a visa. This is done later in the process after the I-129F has been approved.

Make sure your friend lists the children on the I-129F and not just on the G325A Biographic Information that is submitted with the I-129F. This is very important. If they are listed on the I-129F, the children will have an opportunity to apply for a visa at the same time the mother applies for a visa. If the children are not on the I-129F, the process of acquiring visas for the children becomes much more difficult.

Immigration will have no impact on the names of the children. Their names will remain the same until they are legally changed in a process such as adoption that has nothing to do with immigration.

Adoption is not necesary to obtain US visas for the children when they are applying for visas under the fiance visa program.

In most countries, adoption would be impossible prior to being married and living together for a significiant period of time. I do not know the adoption laws in the Phillipines.

If the legal father will object to the children leaving the Phillipines, your friend should carefully research the regulations regarding children leaving the country. This will be controlled by the laws in the Phillipines, not in the US. In Colombia for example, no child may leave the country without the permission of both parents. As you can imagine, this sometimes causes problems.

I hope this helps.

[pushbrk 13,324]

  KarenCee said:

  pushbrk said:

  KarenCee said:

  youngdaddy said:

if my american citizen friend will petition a filipina as his fiance with 2 kids and marry her in the states will the kids be included as part of the petition? does he need to adopt them first? will they carry his surname in the end?

A K2 will need to be filed for both kids, each one is a separate petition. They cannot be included with the fiancée petition. If he wants them to carry his surname, the children's biological father would have to be contacted and agree. Then your friend could legally adopt them. At least, that's the way it works here in the States.

The petition portion of the above is incorrect. Only one petition is filed. You list the names of both children on the I-129F petition. Later, there will be visa applications sent from the Consulate. Each child needs their own visa application and will pay their own visa fee. After US arrival and marriage, all three will need I-485's filed to adjust status.

Generally, the other parent's permission is required for immigration or a legal document indicating the immigrating parent has full custody. Someone will correct this if not accurate, but I beleive in the Philippines, the mother always has full costodial rights to her children unless she expressly gives them up.

I believe the surname/adoption portion of the above answer is generally correct but an adoption and/or legal name change for a child is a legal matter, so I would consult an attorney on that.

My sincerest apologies for using the wrong terminology and for posting incorrect information Pushbrk sir. *sigh*

Can't really tell if the above is sincere or tongue in cheek but it is not necessary to apologize. If not me, somebody would have been along soon to correct the error. Wrong terminology sounds benign but in many cases it can lead to critical mistakes. In this case, the OP would have had a hard time figuring out what kind of petitions to file for the children but if he filed I-130's for relatives and wasted a few hundred in fees, he wouldn't be pleased.

We all make mistakes for one reason or another. Hopefully readers won't make this one again. No harm done.

[Mags 112]

Clarification is good IMO.

[Magnolia31 0]

I did not have to show any legal documents stating that I have sole/full custody. Maybe this is because my daughter is a US citizen anyway, with an American passport and we were coming back to the US????

  pushbrk said:

  KarenCee said:

  youngdaddy said:

if my american citizen friend will petition a filipina as his fiance with 2 kids and marry her in the states will the kids be included as part of the petition? does he need to adopt them first? will they carry his surname in the end?

A K2 will need to be filed for both kids, each one is a separate petition. They cannot be included with the fiancée petition. If he wants them to carry his surname, the children's biological father would have to be contacted and agree. Then your friend could legally adopt them. At least, that's the way it works here in the States.

The petition portion of the above is incorrect. Only one petition is filed. You list the names of both children on the I-129F petition. Later, there will be visa applications sent from the Consulate. Each child needs their own visa application and will pay their own visa fee. After US arrival and marriage, all three will need I-485's filed to adjust status.

Generally, the other parent's permission is required for immigration or a legal document indicating the immigrating parent has full custody. Someone will correct this if not accurate, but I beleive in the Philippines, the mother always has full costodial rights to her children unless she expressly gives them up.

I believe the surname/adoption portion of the above answer is generally correct but an adoption and/or legal name change for a child is a legal matter, so I would consult an attorney on that.

[Kazan' Tiger 1]

The children only need to be included on the I-129F as riders. This will give them a K-2 visa when your friend's fiancée is issued her K-1 visa. Adoption is a completely separate issue. This would be up to him, his fiancée and the children's legal father. It has no bearing on the K-1 process.