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Aztec&Taino

Question about I-129 F Question #13

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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 by Aztec&Taino

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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Filed: AOS (apr) Country: Philippines
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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


YMMV

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Filed: AOS (apr) Country: Canada
Timeline

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.


~~~ Hes the chance Im taking ~~~

April 2007 - Met online

Oct. 2008 - He came to Canada to meet me

Dec 25 2009 officially engaged

March 2010 - sent off I-129F

March 27 2010 - Vermont receives package :)

April 3 2010 - Informed through mail that cheque is cashed NOA1

May 28 2010 - RFE notification ( yeah Im online checking alot >.< )

June 5 2010 - RFE hardcopy received

June 18 2010 - RFE returned ( had done it June 7 - but USPS returned grrrr )

--- case says we should hear from them in 60 days from June 18 ---

June 23 - Touched

Aug4 - Email notification of NoA2 :)

Aug. 10 - NOA2 Hardcopy received

Sept. 13 - Faxed off Package 3

Sept 14 - Interview notification set for Oct. 5

Oct. 5 2010 Interview Passed

March 17 2011 POE Canadian/US border

April 1 2011 Marriage

Mailed AOS June 1

Chicago Lockbox confirms delivery June 3

Check cashed through bank - notification June 9

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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!


Con Dios Por Delante...

Sylvia y Radhames

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Filed: AOS (apr) Country: Philippines
Timeline

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".


YMMV

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