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donmerlin

Proper preparation for sons and ex-husbands

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Filed: K-1 Visa Country: China
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When I filled out my I-129F to petition my fiancee for a K1 visa, it had specifically stated that if she had a son, her son would automatically be included, and that I did not have to fill out any further forms. I read this several times to ensure that I understood the instructions correctly.

However, it did not cover the consulate process, and so I'm not sure if there is something extra that must be done to include my fiancee's son. When she applies for her K1 visa, will her son automatically be included, or does he have to file separately? I think I may have seen a post that mentioned a different kind of visa for the child. Also, will the consulate officer question the child during the interview as well? My fiancee's son is only 7, and is just now learning English, so I don't know if he could pass an English interview.

The second half of this question is with regards to the son's father. My fiancee's ex-husband has been out of the picture since the child was born. When her son was still a newborn, my fiancee apprehended her husband having an affair, and it was over. Since then, the father has not shown any desire to take part in raising the son. He has only actually met his son maybe a total of 4 times in the son's lifetime. My fiancee does not have contact with the ex-husband. What kind of rules are in effect with regards to ex-husbands? Does my fiancee need her ex-husband to agree to his son leaving to the US? What happens if he does not? She would never leave her son with her ex-husband, so I know she would not leave China if her son couldn't leave also. What are the requirements, and what could she do if her ex-husband is not co-operative?

Bill the Cat

"Discovery consists of seeing what everybody has seen, and thinking what nobody has thought."

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Filed: K-1 Visa Country: Canada
Timeline
When I filled out my I-129F to petition my fiancee for a K1 visa, it had specifically stated that if she had a son, her son would automatically be included, and that I did not have to fill out any further forms. I read this several times to ensure that I understood the instructions correctly.

However, it did not cover the consulate process, and so I'm not sure if there is something extra that must be done to include my fiancee's son. When she applies for her K1 visa, will her son automatically be included, or does he have to file separately? I think I may have seen a post that mentioned a different kind of visa for the child. Also, will the consulate officer question the child during the interview as well? My fiancee's son is only 7, and is just now learning English, so I don't know if he could pass an English interview.

The second half of this question is with regards to the son's father. My fiancee's ex-husband has been out of the picture since the child was born. When her son was still a newborn, my fiancee apprehended her husband having an affair, and it was over. Since then, the father has not shown any desire to take part in raising the son. He has only actually met his son maybe a total of 4 times in the son's lifetime. My fiancee does not have contact with the ex-husband. What kind of rules are in effect with regards to ex-husbands? Does my fiancee need her ex-husband to agree to his son leaving to the US? What happens if he does not? She would never leave her son with her ex-husband, so I know she would not leave China if her son couldn't leave also. What are the requirements, and what could she do if her ex-husband is not co-operative?

if you included her son on the petition and provided copies of birth certificates and such then you should be fine his visa will be a K2. You will fill out more forms for her child when it comes to the consulate stage. When it comes to getting permission from the father thats when its tricky. She will need to prove sole custody of her son or get written notarized consent from the father that he has no objection to the child's immigration. some consulates may want both or may be happy with one or the other. One woman on here went to her interview and had sole custody papers but they would not issue the visa to her child because she did not have written permission from the father. So better track the father down and get him to sign a statement. hope this helps.

Good luck

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Filed: AOS (apr) Country: Philippines
Timeline
When I filled out my I-129F to petition my fiancee for a K1 visa, it had specifically stated that if she had a son, her son would automatically be included, and that I did not have to fill out any further forms. I read this several times to ensure that I understood the instructions correctly.

However, it did not cover the consulate process, and so I'm not sure if there is something extra that must be done to include my fiancee's son. When she applies for her K1 visa, will her son automatically be included, or does he have to file separately? I think I may have seen a post that mentioned a different kind of visa for the child. Also, will the consulate officer question the child during the interview as well? My fiancee's son is only 7, and is just now learning English, so I don't know if he could pass an English interview.

The second half of this question is with regards to the son's father. My fiancee's ex-husband has been out of the picture since the child was born. When her son was still a newborn, my fiancee apprehended her husband having an affair, and it was over. Since then, the father has not shown any desire to take part in raising the son. He has only actually met his son maybe a total of 4 times in the son's lifetime. My fiancee does not have contact with the ex-husband. What kind of rules are in effect with regards to ex-husbands? Does my fiancee need her ex-husband to agree to his son leaving to the US? What happens if he does not? She would never leave her son with her ex-husband, so I know she would not leave China if her son couldn't leave also. What are the requirements, and what could she do if her ex-husband is not co-operative?

1) You will prepare a full set of visa application documents (DS-230, DS-156, DS-156K, etc...) for EACH visa aaplicant (K-1 AND K-2) and submit them to the consulate when the time arrives.

2) Specific procedural rules will vary slightly from country to country but generally speaking you must demonstrate to the consulate's satisfaction that she has the authority to emmigrate with the child. This could come in the form of a notarized permission statement from the father, a judicial decree of some sort.... Check the consulate's website or contact the consulate directly to get the answer... in addition, others who have transited the Guangzhou consulate could be better prepared to answer the specifics.

YMMV

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