Another I-134 Question

[rdou0494 0]

Hi everyone,

I'm trying to fill out this I-134 this morning and I was wondering on Question 10; should I list my fiancee's son in addition to her?

Thanks,

Rick

[Yodrak 7]

Rick,

Did you submit a petition for the boy?

Yodrak

Hi everyone,

I'm trying to fill out this I-134 this morning and I was wondering on Question 10; should I list my fiancee's son in addition to her?

Thanks,

Rick

[rdou0494 0]

Yes, the boy was listed on the original I-129F petition. I'm assuming he falls under her petition, but I just wanted to check.

Rick

[Yodrak 7]

Rick,

You didn't answer the question asked - did you submit a petition for the boy....

Yodrak

Yes, the boy was listed on the original I-129F petition. I'm assuming he falls under her petition, but I just wanted to check.

Rick

[scy 0]

Hi everyone,

I'm trying to fill out this I-134 this morning and I was wondering on Question 10; should I list my fiancee's son in addition to her?

Thanks,

Rick

It's a straight forward question. You submitted a petition for your fiancee to immigrate to the US. You did not submit a petition for your fiancee's son to immigrate. He is elligible to immigrate with his mother because of her status, not his. So just put down your fiancee not your fiancee's son.

[rdou0494 0]

Yes, I didn't submit a separate petition; the boy is 10 years old and I added him to my fiancee's petition. Thanks guys for your help.

Rick

[ngant17 1]

I thought K2 status was automatically 'derivative' by being listed on original K1 with I129F papers.

I am not aware of the need to file separate K1s for minor dependents of original K1 visa applicaiton.

Are you're implying that separate K1s for the minor(s) need to be filled out with the I134 application?

Yes, I didn't submit a separate petition; the boy is 10 years old and I added him to my fiancee's petition. Thanks guys for your help.

Rick

[scy 0]

I thought K2 status was automatically 'derivative' by being listed on original K1 with I129F papers.

I am not aware of the need to file separate K1s for minor dependents of original K1 visa applicaiton.

Are you're implying that separate K1s for the minor(s) need to be filled out with the I134 application?

Yes, I didn't submit a separate petition; the boy is 10 years old and I added him to my fiancee's petition. Thanks guys for your help.

Rick

Ok. Think of it this way. The I-129F for K-1 is a petition by the petitioner asking the government to allow the beneficiary to apply for a K-1 visa. You as the petitioner is basically asking, here is my fiancee, here is evidence that she is my fiancee and we've meet in the last two years, and here are our statements that we are single and ready to be married inside the US, so please allow my fiancee to apply for a K-1. Then the beneficiary is allowed to apply for the K-1 after the I-129F is approved. This application is made via the DS-230, DS-156, DS-156K. So technically the I-129F is not a K-1 application, although most think of it as such since it's a requirement to be allowed to apply for a K-1.

Back to the topic. When the beneficiary applies for a K-1, the beneficiary may apply for derivative K-2s for any of her children. The petitioner has nothing to do with K-2. You can list the beneficiary's children on the I-129F but that does not guarantee that they will be granted K-2s. The beneficiary has to ask for K-2 status for her children.

So, no, you don't and you can't file I-129F for your fiancee's children. You must however file separate I-134 for each of your fiancee's children if your fiancee isn't capable of supporting them in the US.

[rdou0494 0]

You submitted a petition for your fiancee to immigrate to the US. You did not submit a petition for your fiancee's son to immigrate. He is elligible to immigrate with his mother because of her status, not his. So just put down your fiancee not your fiancee's son

So, no, you don't and you can't file I-129F for your fiancee's children. You must however file separate I-134 for each of your fiancee's children if your fiancee isn't capable of supporting them in the US.

Now I'm confused again. These two statements seem to contradict each other.

[scy 0]

You submitted a petition for your fiancee to immigrate to the US. You did not submit a petition for your fiancee's son to immigrate. He is elligible to immigrate with his mother because of her status, not his. So just put down your fiancee not your fiancee's son

So, no, you don't and you can't file I-129F for your fiancee's children. You must however file separate I-134 for each of your fiancee's children if your fiancee isn't capable of supporting them in the US.

Now I'm confused again. These two statements seem to contradict each other.

I'm sorry but how to they contradict? Do you mean the part about the I-134?

[Yodrak 7]

ngant,

Your post makes no sense whatsoever, and scy and I are not implying anything.

Children of fiance(e)'s do not need to be petitioned for, no I-129f to the USCIS.

Children of fiance(e)'s do need their own visa applications and supporting forms and documentation as may be appropriate for their age, DS-156 etc. to a consulate.

Petitions and visa applications are two separate and distinct issues. I-134 is not an application for anything.

Yodrak

I thought K2 status was automatically 'derivative' by being listed on original K1 with I129F papers.

I am not aware of the need to file separate K1s for minor dependents of original K1 visa applicaiton.

Are you're implying that separate K1s for the minor(s) need to be filled out with the I134 application?

Yes, I didn't submit a separate petition; the boy is 10 years old and I added him to my fiancee's petition. Thanks guys for your help.

Rick

scy,

Not necessarily - consulate-specific issue as to whether or not 1 affidavit of support is sufficient for a fiance(e) and children who are accompanying or if a separate afficavit is required for each visa applicant.

Yodrak

...You must however file separate I-134 for each of your fiancee's children if your fiancee isn't capable of supporting them in the US.

Edited February 4, 2006 by Yodrak

[rdou0494 0]

So, I guess I should email the consulate to find out if I have to file a seperate I-134 for the dependent child right?

Does anyone have experience with this from Jakarta embassy?

Thanks,

Rick

[newoption 1]

Rick Here is my experiance when we went through Cuidad Juarez Mexico.

I was granted permission after following all the required steps for a K'1 to be issued. For reasons beyond our control, my son had to stay in Mexico. We knew this during the interview and asked what documentation was required once he wanted to join me We were told that he had one year to join me. One year from the time the K'1 was issued. He was listed on my paperwork, this is the most important part. even if they dont travel at the same time the MUST be listed on the original petion and the paperwork presented to the consulate. If you dont list them you have a ton of paperwork and stress to deal with. Two more things you dont need.

One more thing. Each Consulate has a website dedicated to it. On the main website page for your specific consulate is contact information so that you can write them for any Consulate specific requirements. I suggest you do this. Let me know if you need anymore info.......Best of Luck.

So, I guess I should email the consulate to find out if I have to file a seperate I-134 for the dependent child right?

Does anyone have experience with this from Jakarta embassy?

Thanks,

Rick

[rdou0494 0]

Thanks newoption. I already listed the child on my fiancee's I-129F. I just need to know if I have to file a seperate I-134 for my fiancee and her son.

Rick

[newoption 1]

I134 is the same for both. We used the I864 but didnt need it till applying for Adjustment of Status. Rock on dude.

Thanks newoption. I already listed the child on my fiancee's I-129F. I just need to know if I have to file a seperate I-134 for my fiancee and her son.

Rick