Daugter of My Fiancee

[kennym 275]

All,

I am engaged to a Colombian woman and am begining the K1 Process.. I have been engaged for over 1 year. I met my fiancee in Nov 2006.. I have made at least 20 trips to visit her in Colombia since 2006

More clarification needed regarding the K2 Part of the process for her daughter..

I have an agreement with the daughters father that we would not take her to the US at least until he is comfortable that her mom is settled in and doesn't encounter any issues durring the transition.. I think this is a reasonable request, and have discussed this at great length with my fiancee. So, how would I go about completing the K1/K2 Visa application and how would this affect the success of the visa process?

• If we are not going to have permission of the father for My Fiance's Daughter to Enter the US with her mom, how do I indicate that we are only seeking the VISA for my Fiancee only at this time?
  
• Do we submit the K1/K2 I-129 Application with the Daughters name knowing we don't have permission from the father at this point?
  
• How exactly does this work for her daughter? Do we need the letter at the time of the I-129 Submission or at the Interview?
  

I appologize if this question is a bit redundant? But I simply am not clear on this issue..

Any help is greatly Appreciated

[kennym 275]

Also to add..

We do not anticipate have the Permission of the Father until at least 6 months after the mother and I are married and she is settled in the US...

I hope to avoid any surprises as a result of this issue, so I want to be proactive in addressing this from the start...

Thanks again for everyone great support!!

Kenny

[Darnell 8,480]

The K-2 has about a year from Mom's K-1 visa approval date, on a 'follow-to-join' case. Realistically though - figure about 3 to 5 months of Mom in the USA, if there is no further 'waiting' after K-1 visa approval date, then kickstart the K-2 FTJ back at the Embassy/Consulate.

you can submit the k-2 info now on initial K-1 submittal. It's OK. It can be withdrawn at any point, even on interview day. Perhaps withdrawn is a bit too harsh of a label. Think of it instead, as 'to be adjudicated later' - since if IT IS a FTJ case, that's exactly what will happen at the Embassy/Consulate (adjudicated later). Figure a seperate interview for the child, later, and IF the father is amenable, he can supply his letter by the child's interview date.

IMO, you'll need the letter from the father by K-2 interview day. not necessarily the k-1 interview day.

[SunDrop 59]

You'd usually mark the daughter on one of the embassy forms (packet 3) as a K2 to follow, which gives her 1 year to enter following your fiancee.

What are the parameters for being 'settled'? Sounds like far to wide open a description for comfort, imho.

You have to list her child on the I-129F, even if there were no intent to join/ follow.

Does the child's father appreciate that he will be required to permit the child to relocate permanently in the US to live with her mother and you? It's essentially granting sole custody of the child, without removing visitation rights.

[Gary and Alla 3,696]

The K-2 has about a year from Mom's K-1 visa approval date, on a 'follow-to-join' case. Realistically though - figure about 3 to 5 months of Mom in the USA, if there is no further 'waiting' after K-1 visa approval date, then kickstart the K-2 FTJ back at the Embassy/Consulate.

you can submit the k-2 info now on initial K-1 submittal. It's OK. It can be withdrawn at any point, even on interview day. Perhaps withdrawn is a bit too harsh of a label. Think of it instead, as 'to be adjudicated later' - since if IT IS a FTJ case, that's exactly what will happen at the Embassy/Consulate (adjudicated later). Figure a seperate interview for the child, later, and IF the father is amenable, he can supply his letter by the child's interview date.

IMO, you'll need the letter from the father by K-2 interview day. not necessarily the k-1 interview day.

There is nothing to do now to include the daughter except list her on the I-129f where it asks for all chidren's names. When you are ready you can make an appointment for the K-2 which must be within one year of the issuance of the K-1. There is no special K-2 procedure until it is time t apply for the visa. The daughter will then submit her own visa application, nearly identical to your fiancee's, have the medical exam, etc.

You are corrct about the permission letter, however, I would get the permission letter BEFORE filing for the petition. DO NOT wait until the guy can have a lot of leverage over you or use it for blackmail. If you want to agree to move the daughter later, that's fine, but get the permission letter now. It is a "permanent permission" letter so it does not "expire" and can be written to specificlly state it does not expire. You do not need to submit the letter with your petition, just have it in your hand, signed and notarized. Never, in this process, allow someone to have control over your future except you and your fiancee.

Edited February 18, 2010 by Gary and Alla

[Gary and Alla 3,696]

All,

I am engaged to a Colombian woman and am begining the K1 Process.. I have been engaged for over 1 year. I met my fiancee in Nov 2006.. I have made at least 20 trips to visit her in Colombia since 2006

More clarification needed regarding the K2 Part of the process for her daughter..

I have an agreement with the daughters father that we would not take her to the US at least until he is comfortable that her mom is settled in and doesn't encounter any issues durring the transition.. I think this is a reasonable request, and have discussed this at great length with my fiancee. So, how would I go about completing the K1/K2 Visa application and how would this affect the success of the visa process?

• If we are not going to have permission of the father for My Fiance's Daughter to Enter the US with her mom, how do I indicate that we are only seeking the VISA for my Fiancee only at this time?
  
• Do we submit the K1/K2 I-129 Application with the Daughters name knowing we don't have permission from the father at this point?
  
• How exactly does this work for her daughter? Do we need the letter at the time of the I-129 Submission or at the Interview?
  

I appologize if this question is a bit redundant? But I simply am not clear on this issue..

Any help is greatly Appreciated

Just to be clear. The peition is not a visa application. it is a petition to request that your fiancee be allowed to apply for a visa. If there is no visa application for the daughter at the time of her application, there is nothing to mention. We had one of Alla's sons come with her, and one come later. There is only one petition, they all use the same one as they are all listed on it. The visa applications are separate and come later at the consulate. the ONLY thing you need to do now is list ALL her children on the I-129f petition

[pushbrk 13,884]

The K-2 has about a year from Mom's K-1 visa approval date, on a 'follow-to-join' case. Realistically though - figure about 3 to 5 months of Mom in the USA, if there is no further 'waiting' after K-1 visa approval date, then kickstart the K-2 FTJ back at the Embassy/Consulate.

you can submit the k-2 info now on initial K-1 submittal. It's OK. It can be withdrawn at any point, even on interview day. Perhaps withdrawn is a bit too harsh of a label. Think of it instead, as 'to be adjudicated later' - since if IT IS a FTJ case, that's exactly what will happen at the Embassy/Consulate (adjudicated later). Figure a seperate interview for the child, later, and IF the father is amenable, he can supply his letter by the child's interview date.

IMO, you'll need the letter from the father by K-2 interview day. not necessarily the k-1 interview day.

The initial petition filing is identical whether there is any intention for the child to obtain a visa or not. The child MUST be listed on the I-129F to properly complete the form, as it simply asks you to list all the beneficiary's children. You list them even if they are married adults. The opportunity to have the child apply for the visa will remain open until it's too late to complete the process of obtaining the visa. What kills the opportunity is not applying in time.