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Posted (edited)

My friends fiance in the Philippines has a child from a previous marriage whom we would like to bring along.

I have read and understand the procedure to do the fiance visa. No big deal. Friends of ours have done it.

I know kids do come with their moms, but I don't understand what starts the process. One person told me it was kind of automatic, that if you fill out the I129F mentioning a child, that paperwork for the child would be sent to him. But we don't want to risk screwing up.

They have permission from the dad, notarized and all that.

He can't really afford a lawyer.

How does it work?

Edited by Glen Charles
Filed: Citizen (pnd) Country: Thailand
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Posted (edited)

My friends fiance in the Philippines has a child from a previous marriage whom we would like to bring along.

I have read and understand the procedure to do the fiance visa. No big deal. Friends of ours have done it.

I know kids do come with their moms, but I don't understand what starts the process. One person told me it was kind of automatic, that if you fill out the I129F mentioning a child, that paperwork for the child would be sent to him. But we don't want to risk screwing up.

They have permission from the dad, notarized and all that.

He can't really afford a lawyer.

How does it work?

Well not automatic, but it is fairly simple.

Yes, just put the child's name on the I-129F as required. The child does not need to have a G-325A submitted with the I-129F petition.

After the I-129F approval, when filling out the application forms for the Embassy/Consulate, at that time you will list the child's name on the form and as a person Travelling with the fiance(e).

Normally the child is entitled to a K-2 derivative Visa if the fiance(e) parent qualifies for the K-1 visa.

They will need to pay the Visa application fee for each applicant, one for fiance(e) and one for child. I believe the child also needs their own paper work except for the DS-156K form and will require a medical exam.

EDITED to ADD:

The Embassy/Consulate might want a form from the other parent giving up the rights and custody to be worded fairly definitively such as turning over full custody to the fiance(e) parent and allowing the child to move permanently to the USA.

Then have that signed and notarized or the form they have might already be worded strongly enough.

Good luck

Edited by Audy_Rob

Naturalization N-400

 
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