fiancee has children... what do I do???

[huge316 0]

Does anyone out there know what to do if your fiancee has children who will not be following within a year. She is planning to see if she can sign custody of her children over to her mom for now until we are settled here and bring them over later. Her mom has been taking care of them for a long time anyway since my fiancee has been working to support the family and we will support them from here when she comes. We want to make sure that this isn't going to cause a problem for her to get the visa... anyone have any info on this? The children were out of wedlock and she has sole custody papers as the father was abusive. We're figuring it will be past the 1 year limit which the forms state they may follow on the same visa. Any info is appreciated.

[Tsup2 0]

I asked a question similar to yours to my attorney on email. Below is his response:

It is my understanding that the K2 Visa is valid for one year after

issuance. My fiancée has a 3 year old son whom she would like to leave with

relatives in the Philippines until he is school age.

Can I apply as his stepfather for him to be admitted to US under

immediate relative status?

Yes. Provided he is under 18 at the time of marriage.

You become the stepfather of your fiances children upon marriage.

The I-130 Petition is what you would use. A U.S. citizen or lawful permanent resident of the U.S. may file Form I-130, Petition for Alien Relative, to establish their relationship to certain alien relatives who wish to immigrate to the U.S. A separate Form must be filed for each eligible relative.

In my case we decided to get her son a K2 visa and then she will get him prior to the expiration of the visa. I think it's an easier route to go that way since your spouse is with the kids and can take them to the interview and medical. Hope this info helps.

Edited November 2, 2007 by Tsup2

[pushbrk 12,910]

Does anyone out there know what to do if your fiancee has children who will not be following within a year. She is planning to see if she can sign custody of her children over to her mom for now until we are settled here and bring them over later. Her mom has been taking care of them for a long time anyway since my fiancee has been working to support the family and we will support them from here when she comes. We want to make sure that this isn't going to cause a problem for her to get the visa... anyone have any info on this? The children were out of wedlock and she has sole custody papers as the father was abusive. We're figuring it will be past the 1 year limit which the forms state they may follow on the same visa. Any info is appreciated.

For that circumstance you simply list the children where asked about them, right up to the question on the DS 230 (used late in the process) that asks which children will be accompanying the beneficiary. If none are coming, list no names in that question.

That said, bringing them later is an entirely separate issue you'll want to look into carefully before deciding to leave them behind. They could age out.

[payxibka 10,045]

I asked a question similar to yours to my attorney on email. Below is his response:

It is my understanding that the K2 Visa is valid for one year after

issuance. My fiancée has a 3 year old son whom she would like to leave with

relatives in the Philippines until he is school age.

I am surprised an attorney responded as such..

A K-2 visa is valid for 6 months after issuance. The "follow-to-join" benefit is valid for up to one year after the issuance of the parental K-1 visa. Subtle but important distinction.

[Dakine 26]

Best to include the kids in the original petition. Much easier if you change your minds later.