Question about I-129 F Question #13

[Aztec&Taino 144]

I am preparing to file form I-129 F on behalf of my fiance, but I have a question regarding question #13 which asks to list all children (if any) of alien fiance. My fiance does have one child, but we do not intend for this child to migrate to the US since the child's mother has physical custody. Also, I would not want to go through the additional expense of obtaining the K2 visa for my fiance's child if he is not going to come to the US to live with us (in other words, what would be the point of obtaining a visa which will not be used). So, can I simply not list any children or would this omission be interpreted as lying? If I list the child on the form, is it assumed that I am seeking a visa for him, too?

Thank you in advance for any input. I would particularly appreciate the advice of people who experienced a similar situation.

Edited July 25, 2010 by Aztec&Taino

[payxibka 10,044]

I am preparing to file form I-129 F on behalf of my fiance, but I have a question regarding question #13 which asks to list all children (if any) of alien fiance. My fiance does have one child, but we do not intend for this child to migrate to the US since the child's mother has physical custody. Also, I would not want to go through the additional expense of obtaining the K2 visa for my fiance's child if he is not going to come to the US to live with us (in other words, what would be the point of obtaining a visa which will not be used). So, can I simply not list any children or would this omission be interpreted as lying? If I list the child on the form, is it assumed that I am seeking a visa for him, too?

Thank you in advance for any input. I would particularly appreciate the advice of people who experienced a similar situation.

The petition is NOT a visa application...listing a child on the petition does not mean they will apply...

the form is very clear ... ALL CHILDREN... If they wanted you to only include intended visa applicants they would indicate so... but they don't... they say ALL

[BlueBonnet 84]

The petition is only asking for the names of the children. At this point of the application they are not asking if the children are coming or what the custody agreement is.

The petition also asks for his/her parents information .. but it isnt assumed that you are bringing her/his parents either.

[Sylvia y Radhames 2]

Include the child just in case you change your mind. At the end of the process you will be asked if the child is coming with your fiance or you can list the child as follow to join and they can come in up to a year. This doesnt mean the child has to live with you permanently, just grants access to the US to visit the parent. This is your fiances' child, there may be summer visits or holiday visit, listing on the visa will grant the parents status to the child. You've got nothing to loose, plus as the child grows up you are giving him/her access to the US which can make his/her life easier!

[payxibka 10,044]

Include the child just in case you change your mind. At the end of the process you will be asked if the child is coming with your fiance or you can list the child as follow to join and they can come in up to a year. This doesnt mean the child has to live with you permanently, just grants access to the US to visit the parent. This is your fiances' child, there may be summer visits or holiday visit, listing on the visa will grant the parents status to the child. You've got nothing to loose, plus as the child grows up you are giving him/her access to the US which can make his/her life easier!

A I-129F is a petition for eligibility for a "K" visa, which is a visa to allow potential permanent immigration to the USA. Listing the child on the I-129F does not give a child, as you say, "access" to a visiting visa or "access" to the USA in any other way than a "K".