CHILDREN ON K-1

[Eric_Jew Nug 2]

Calling all Yardies.

My fiancé and I need some answers.

My fiancé has a daughter, he doesn’t have legal custody of her, the mother is NOT willing to sign over her parental rights, but he is working on that. We have received our NOA2 and our case is at NVC. We included her on the I-129f.I am also listing her on the I-134. Our plan is to have her follow after her father gets settled in.

Questions:

Does she have to be present at the interview?

Does my fiancé need to have her birth certificate, passport, etc. for the interview? Considering the fact that he doesn’t have custody and that we want her to follow on another date, but within the one year time frame.

Will the fact that he doesn’t have custody affect our k-1 process in anyway?

Thank you for your replies in advance!!!

[sus 70]

His interview has nothing to do with her - you have to file a K2 for her - if you read the guides at the top of the page, there is an explanation of the process

[charandivan 0]

I just read information about this and can't remember where this was discussed. I am looking to do the same thing, so I will try to find the discussion. I have provided answers to your questions below, but I am trying to remember them off the top of my head so don't take them as fact:

Calling all Yardies.

My fiancé and I need some answers.

My fiancé has a daughter, he doesn’t have legal custody of her, the mother is NOT willing to sign over her parental rights, but he is working on that. We have received our NOA2 and our case is at NVC. We included her on the I-129f.I am also listing her on the I-134. Our plan is to have her follow after her father gets settled in.

Questions:

Does she have to be present at the interview?

I think it depends on the age, if she is under 10, she is not required to attend.

Does my fiancé need to have her birth certificate, passport, etc. for the interview? Considering the fact that he doesn’t have custody and that we want her to follow on another date, but within the one year time frame.

Yes, a birth certificate is required and I think his name needs to be on it. I'm not sure what the requirements are for passports. I know that in some countries the child can be added to the parents passport, but you may have to contact the consulate for more info. As far as custody, the mother will have to give permission for her to come over. I'm not sure what type of documentation you have to provide for this. I think I did read that you must have a copy of the absent parents's passport, along with a permission letter.

Will the fact that he doesn’t have custody affect our k-1 process in anyway?

The fact that he doesn't have custody does not affect the K-1 process. It will only affect it when its time to file a K2. To get started you just call the consulate to setup an interview time. I think at that time, they will explain all of the requirements. It may help to call beforehand because the appts. are usually given within a month of the request so its probably better that he start to work on the custody thing more sooner than later.

Thank you for your replies in advance!!!

[brownnskinn 0]

Calling all Yardies.

My fiancé and I need some answers.

My fiancé has a daughter, he doesn't have legal custody of her, the mother is NOT willing to sign over her parental rights, but he is working on that. We have received our NOA2 and our case is at NVC. We included her on the I-129f.I am also listing her on the I-134. Our plan is to have her follow after her father gets settled in.

Questions:

Does she have to be present at the interview?

Does my fiancé need to have her birth certificate, passport, etc. for the interview? Considering the fact that he doesn't have custody and that we want her to follow on another date, but within the one year time frame.

Will the fact that he doesn't have custody affect our k-1 process in anyway?

Thank you for your replies in advance!!!

As long as the father's name is on the birth certificate you won't have any custody issues. The mother giving consent is your greatest issue. She will have to sign a notarized statement giving the child permission to move to the states with her father. I believe those older than 10 have to be present at the K-1 interview. When you listed the child on the original K-1 application- you automatically filed the K-2. (I did) As, long as the mom agrees, she will be issued a visa come interview time a long with the father. The child doesn't have to follow along with the father at that time. I can't quit remember but the child has 6 months; could have been a year to follow based on that original approved K1-K-2 application. After a year the visa/application expires. I've not heard of filing a K-2 separately; doesn't mean it can't be done, but I would encouraged you to file the: I-130. http://www.uscis.gov/files/form/I-130.pdf Petition for a foreign/ alien relative. It's easiest for you to file for the child as the child's step-parent, at least it was for me. Especially if the mom is not in agreement right now, she will come around. I agree take some time let hubby to be get here, get settled- then file for her later. Also, I hear they ask for DNA testing or proof of paternity with K1-K2 ( especially if the father's name is not on that birth certificate)....but not with the I-130. Also you will have to submit a copy of the child passport, It cannot have an expiration date of less than 6 months

good luck!

Edited October 23, 2009 by brownnskinn

[brownnskinn 0]

Calling all Yardies.

My fiancé and I need some answers.

My fiancé has a daughter, he doesn't have legal custody of her, the mother is NOT willing to sign over her parental rights, but he is working on that. We have received our NOA2 and our case is at NVC. We included her on the I-129f.I am also listing her on the I-134. Our plan is to have her follow after her father gets settled in.

Questions:

Does she have to be present at the interview?

Does my fiancé need to have her birth certificate, passport, etc. for the interview? Considering the fact that he doesn't have custody and that we want her to follow on another date, but within the one year time frame.

Will the fact that he doesn't have custody affect our k-1 process in anyway?

Thank you for your replies in advance!!!

As long as the father's name is on the birth certificate you won't have any custody issues. The mother giving consent is your greatest issue. She will have to sign a notarized statement giving the child permission to move to the states with her father. I believe those older than 10 have to be present at the K-1 interview. When you listed the child on the original K-1 application- you automatically filed the K-2. (I did) As, long as the mom agrees, she will be issued a visa come interview time a long with the father. The child doesn't have to follow along with the father at that time. I can't quit remember but the child has 6 months; could have been a year to follow based on that original approved K1-K-2 application. After a year the visa/application expires. I've not heard of filing a K-2 separately; doesn't mean it can't be done, but I would encouraged you to file the: I-130. http://www.uscis.gov/files/form/I-130.pdf Petition for a foreign/ alien relative. It's easiest for you to file for the child as the child's step-parent, at least it was for me. Especially if the mom is not in agreement right now, she will come around. I agree take some time let hubby to be get here, get settled- then file for her later. Also, I hear they ask for DNA testing or proof of paternity with K1-K2 ( especially if the father's name is not on that birth certificate)....but not with the I-130. Also you will have to submit a copy of the child passport, It cannot have an expiration date of less than 6 months

good luck!

Also the USC is not required to be at the I-130 interview, only the child. I only attended because I happened to be there. Her, mom or some other relative could have taken her to the interview. It was fairly simple...a done deal...no questions asked. Other than if my daughter knew who I was.