Not including children on a K1

[visceral image 0]

My fiancee has two children, one is 19 and the other is 21; both are working in the USA but do not want to be included in the visa because they want to return to Russia after they complete their work assignments. My fiancee is from Russia and will will be processed in Vermont and in Moscow, Russia.

Other complication; they have overstayed their work visas; I would guess they are now here illegally.

MY question; if the children will not be part of the visa do they need to be included on the K1 Visa. Can we just not list them as part of the K1 visa applications

[Mr and Mrs Bird 0]

My fiancee has two children, one is 19 and the other is 21; both are working in the USA but do not want to be included in the visa because they want to return to Russia after they complete their work assignments. My fiancee is from Russia and will will be processed in Vermont and in Moscow, Russia.

Other complication; they have overstayed their work visas; I would guess they are now here illegally.

MY question; if the children will not be part of the visa do they need to be included on the K1 Visa. Can we just not list them as part of the K1 visa applications

I do not know anything about illegally things.

But my son on 16 was not added on my K-1. We did a K-2 for him

[Dan J 277]

My fiancee has two children, one is 19 and the other is 21; both are working in the USA but do not want to be included in the visa because they want to return to Russia after they complete their work assignments. My fiancee is from Russia and will will be processed in Vermont and in Moscow, Russia.

Other complication; they have overstayed their work visas; I would guess they are now here illegally.

MY question; if the children will not be part of the visa do they need to be included on the K1 Visa. Can we just not list them as part of the K1 visa applications

They will not affect your fiancee. They are pretty much too old to include on a K2 visa, not to mention, overstays for them will cause complications.

[Mononoke28 135]

If their work visas have expired then yes, they are now illegal here in the States.

You don't have to include them in your fiancée's petition if they don't want to since they're going back to Russia.

Diana

[pj1959us 0]

The 19 year old could still get a K-2 visa.

They still need to be named when you are submitting the paperwork. At visa interview time your fiancee will then designate on her paperwork whether they are to be receiving a K-2, following-to-join, or not interested in a K-2 visa.

PJ

[Dan J 277]

The 19 year old could still get a K-2 visa.

They still need to be named when you are submitting the paperwork. At visa interview time your fiancee will then designate on her paperwork whether they are to be receiving a K-2, following-to-join, or not interested in a K-2 visa.

PJ

True, but an overstay, depending on long it is, may need a wavier. If by the time she finally makes it to the US and is 21. She will not likely be able to get AOS approved and will have to return home. Its always iffy, when dealing with older children.

[pj1959us 0]

The 19 year old could still get a K-2 visa.

They still need to be named when you are submitting the paperwork. At visa interview time your fiancee will then designate on her paperwork whether they are to be receiving a K-2, following-to-join, or not interested in a K-2 visa.

PJ

True, but an overstay, depending on long it is, may need a wavier. If by the time she finally makes it to the US and is 21. She will not likely be able to get AOS approved and will have to return home. Its always iffy, when dealing with older children.

I agree, but I was responding to the they were "too old" for a K-2 statement. Technically, the 19 year old is not. The OP had already stated they weren't interested in a visa so it seemed a moot point to pursue the overstay issue.

I was also responding to the statement "they don't need to be in the fiancee's petition". They do need to be named upfront, but his fiancee will have the opportunity to designate on her paperwork what is being done.

And, yes, older children are always iffy!

[pushbrk 12,906]

The 19 year old could still get a K-2 visa.

They still need to be named when you are submitting the paperwork. At visa interview time your fiancee will then designate on her paperwork whether they are to be receiving a K-2, following-to-join, or not interested in a K-2 visa.

PJ

Wherever the forms ask for names and vitals of the beneficiary's children. Answer accurately.

Edited September 14, 2007 by pushbrk

[Bill y Bella 0]

Wherever the forms ask for names and vitals of the beneficiary's children. Answer accurately.

He's right. It does not matter if the children want visas or not. If she has children she needs to list them on the I-129F. To not list them implies that she has no children and that is not true. It is a very bad idea to submit an I-129F that is not 100% accurate. It is possible grounds for denial.

[Ta Ta 1]

The 19 year old could still get a K-2 visa.

They still need to be named when you are submitting the paperwork. At visa interview time your fiancee will then designate on her paperwork whether they are to be receiving a K-2, following-to-join, or not interested in a K-2 visa.

PJ

Wherever the forms ask for names and vitals of the beneficiary's children. Answer accurately.

He's right. It does not matter if the children want visas or not. If she has children she needs to list them on the I-129F. To not list them implies that she has no children and that is not true. It is a very bad idea to submit an I-129F that is not 100% accurate. It is possible grounds for denial.

That is exactly what we have done as it is supposed to be, listed my fiance's child on the I-129. We marked the box : NOT FOLLOWING on the form.

Also told the CO she is not accompanying.

But the embassy now insists on DNA paternity testing, which is irrelevant because she is marked NOT FOLLOWING.

We have involved the senator and he can not help us, the embassy said to get the DNA test or they will not proceed with my fiance's

case, or submit other documents to proof paternity which takes over one additional year.

We are being forced with a K2 even though we are a K1 and no one can do anything about it.

So here we go having to comply with the test just to keep our case moving forward at a cost of an additional $ 1500 for DNA and travel to Senegal

as no other collection point is allowed ! How about that ......flying to another country for a 1 min test which is irrelevant for a K1 ?

I am sure you won't have that happen to you but I just had to post this. Dakar embassy is something else !

* Rant off *

[pushbrk 12,906]

The 19 year old could still get a K-2 visa.

They still need to be named when you are submitting the paperwork. At visa interview time your fiancee will then designate on her paperwork whether they are to be receiving a K-2, following-to-join, or not interested in a K-2 visa.

PJ

Wherever the forms ask for names and vitals of the beneficiary's children. Answer accurately.

He's right. It does not matter if the children want visas or not. If she has children she needs to list them on the I-129F. To not list them implies that she has no children and that is not true. It is a very bad idea to submit an I-129F that is not 100% accurate. It is possible grounds for denial.

That is exactly what we have done as it is supposed to be, listed my fiance's child on the I-129. We marked the box : NOT FOLLOWING on the form.

Also told the CO she is not accompanying.

But the embassy now insists on DNA paternity testing, which is irrelevant because she is marked NOT FOLLOWING.

We have involved the senator and he can not help us, the embassy said to get the DNA test or they will not proceed with my fiance's

case, or submit other documents to proof paternity which takes over one additional year.

We are being forced with a K2 even though we are a K1 and no one can do anything about it.

So here we go having to comply with the test just to keep our case moving forward at a cost of an additional $ 1500 for DNA and travel to Senegal

as no other collection point is allowed ! How about that ......flying to another country for a 1 min test which is irrelevant for a K1 ?

I am sure you won't have that happen to you but I just had to post this. Dakar embassy is something else !

* Rant off *

The strangest things can and do happen as evidenced by the above. Another thing that happens is denials for misrepresentation.

[Kazan' Tiger 1]

You should list the children as it is being asked. The 19 year will be eligible for a K-2. There is no penalty, to you or your fiancée, if the 19 year old does decide to remain in Russian Federation and does not accept the visa.

As far as the overstayed work visas, I don't see any question that asks, "Has any child of yours ever been to the U.S?" All questions are asked of your fiancée's situation. Maybe someone else knows differently about that issue.

[visceral image 0]

Thanks for the answers, just a clarification; we have no plans to lie or to put any dishonest information on the petition. The wait is long enough without taking any chances that would make it longer or would result in denial.

[pushbrk 12,906]

Thanks for the answers, just a clarification; we have no plans to lie or to put any dishonest information on the petition. The wait is long enough without taking any chances that would make it longer or would result in denial.

I think the fact that you asked the question, by definition, indicates you were considering answering untruthfully. Perhaps you misunderstood, "13. List all children of your alien fiancé(e) (if any)".

The words "if any" are key to the answer to your question.

[visceral image 0]

Thanks for the answers, just a clarification; we have no plans to lie or to put any dishonest information on the petition. The wait is long enough without taking any chances that would make it longer or would result in denial.

I think the fact that you asked the question, by definition, indicates you were considering answering untruthfully. Perhaps you misunderstood, "13. List all children of your alien fiancé(e) (if any)".

The words "if any" are key to the answer to your question.

with all due respect, are you nuts; I have never lied and never plan to start; I was asking for clarification and information; not as a prelude to being dishonest

pushbrk, please remember my name and do not respond to any future post that I make; I do not need your input and do not desire to have your views. yes, I am upset; you have insulted me

Edited September 17, 2007 by John & Alla