How to bring children over? a few problems

[Nathanael PSK 3]

Hi,

I haven't posted in awhile. I made a new account.

My wife came here via k-1 visa on October 10, 2013. She already has her green card. As for her 2 children, we left them with her family in Philippines. Now we're planning on bringing them over here. I think I remember somewhere seeing that they would be able to come using their mom's K1 visa. If so how would we go about that?

Also a slight problem, The son is 5 years old with the real dad's last name, and the daughter is 4 years old with the mom's last name. I want to be sure that the son's last name isn't a problem. Upon filing my wife's K-1 visa we did include proper names of children.

Thank you again vj!

[NikLR 13,227]

~~moved to bringing family members of USC from bringing family members of permanent residents. ~~

The children were listed as following to join right?

[Nathanael PSK 3]

~~moved to bringing family members of USC from bringing family members of permanent residents. ~~

The children were listed as following to join right?

Hi thanks NLR,

Yes, we listed them to follow

[Pitaya 2,577]

Consider reviewing the DOS Nonimmigrant Visa Fiance(e) K1 FAQs for K2 children: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#15

Additionally, consider contacting the US Embassy in Manila about the K2 visa status of the children. You should do this soonish. You have one year from the issuance of the original K1 to get the K2 visas for the children, after that you will have to file immigrant visa petitions for the children. Also inquire at the Phil. regional forum for country-specific instructions/requirements.

Good luck on your immigration journey.

Edited August 13, 2014 by A&B

[Darnell 8,478]

so -

pay the visa fee via the instructions at ustraveldocs.com ,

then note the receipt #'s on both,

then

you'll be able to self-schedule for the K-2 visa appointments.

that's the short version, and it can be handled (fee payment) today or tomorrow.

[Nathanael PSK 3]

We just checked her visa it says issued october 3rd 2013

also another problem I forgot to mention; the son's birth certificate shows married but they never got married back then

[Pitaya 2,577]

We just checked her visa it says issued october 3rd 2013

also another problem I forgot to mention; the son's birth certificate shows married but they never got married back then

The one-year K2 visa availability clock started ticking on 3 October 2013. You need to get this sorted out soonish. You should likely check-in at the Phil. Regional Forum, and inquire about CENOMAR requirements (not even sure if that is applicable), and/or getting that birth cert. corrected. I am certainly not an expert on policies and procedures in the Phils.

Good luck on your immigration journey.

[yannix 24]

 

We just checked her visa it says issued october 3rd 2013

also another problem I forgot to mention; the son's birth certificate shows married but they never got married back then

You have to contact NSO to correct this.

[Harmon-y 32]

Having the birth father's last name will not hurt anything

[BobH 17]

The "married" on the birth certificate is bigger than the last name. Under Philippine law, if they are not married, the mother has full custody unless the court says otherwise. We got a permission to travel letter from the father but found out later it is not necessary. You need that fixed.

[Nathanael PSK 3]

The "married" on the birth certificate is bigger than the last name. Under Philippine law, if they are not married, the mother has full custody unless the court says otherwise. We got a permission to travel letter from the father but found out later it is not necessary. You need that fixed.

the father abandoned at 2 months and we have no idea his whereabouts

Is there anything we can do then?

Also they were never married

[Darnell 8,478]

We just checked her visa it says issued october 3rd 2013

also another problem I forgot to mention; the son's birth certificate shows married but they never got married back then

http://www.visajourney.com/forums/topic/509930-how-to-bring-children-over-a-few-problems/#entry7184913

pay now, sort it out later.

seriously - pay now.

[BobH 17]

the father abandoned at 2 months and we have no idea his whereabouts

Is there anything we can do then?

Also they were never married

You have certification that she was never married (had to have it to get K-1), with that a relative should be able to get the birth certificate corrected.

If not it just means you will have to keep producing the documentation at every step showing the birth certificate is wrong.

I would NOT delay the K-2 visa for this, I just mean you want to get it fixed sooner or later.

[Hank_ 9,174]

Hi,

I haven't posted in awhile. I made a new account.

My wife came here via k-1 visa on October 10, 2013. She already has her green card. As for her 2 children, we left them with her family in Philippines. Now we're planning on bringing them over here. I think I remember somewhere seeing that they would be able to come using their mom's K1 visa. If so how would we go about that?

Also a slight problem, The son is 5 years old with the real dad's last name, and the daughter is 4 years old with the mom's last name. I want to be sure that the son's last name isn't a problem. Upon filing my wife's K-1 visa we did include proper names of children.

Thank you again vj!

Did you list both children on the original I-129F petition? If yes then no issue as long as their visas are ISSUED within a year of when your wife's visa was issued. That means they need to complete their interview about a few weeks before that date so their visas are issued according to requirements.

No problem with the names on the birth certificates as long as they were listed on the I-129F the same way.

http://www.visajourney.com/forums/forum/129-philippines/

[Hank_ 9,174]

We just checked her visa it says issued october 3rd 2013

also another problem I forgot to mention; the son's birth certificate shows married but they never got married back then

Not really an issue as your wife had a CENOMAR for her interview showing she was NOT married. Big deal here is TIME... you have very little.

As the great one sez! GET 'R DUN!!!!

Then jump over to the Philippnes forum

http://www.visajourney.com/forums/forum/129-philippines/

Edited August 14, 2014 by Hank_