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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hi all VJ members..

I am new here and my fiance just filed our K1.heres my story I have 4kids and my fiance's income is not suitable for 5persons so we just just 2 out of my 4kids for beneficiary since the children are not really interested to come with me to once we get approved.In biographic form we just declare and write 2 names of my kids.My question is would it be a problem in the future if when times of interview and ask how many kids I have I will answer "2" as what is written in the form G-325A.??I Am anxious if I will do the right thing.

any suggestion will be appreciated

thank you VJ members God Speed!

Posted

Yes - it would be an issue.

If a form asks you how many children you have - and you say "2" when you really have "4" - you just misrepresented yourself and opened yourself to bans for immigration. You have to answer the question in the context of the form/question.

For example - the I129F question 13 says to list all your children - it doesn't specify only the ones coming with you. So if you have 4 children, you would write their 4 names.

The affidavits will ask how many people you will sponsor. If only 2 children are coming with you, than that is what you write on that form for the count.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

Hi all VJ members..

I am new here and my fiance just filed our K1.heres my story I have 4kids and my fiance's income is not suitable for 5persons so we just just 2 out of my 4kids for beneficiary since the children are not really interested to come with me to once we get approved.In biographic form we just declare and write 2 names of my kids.My question is would it be a problem in the future if when times of interview and ask how many kids I have I will answer "2" as what is written in the form G-325A.??I Am anxious if I will do the right thing.

any suggestion will be appreciated

thank you VJ members God Speed!

Of course it would be a problem to just not mention two of your children. The G-325A isn't asking how many children are coming with you, it's asking how many children you HAVE. The I-134 will be asking who is coming with you. Do not, EVER EVER EVER, misrepresent yourself on a form. It's just asking for trouble.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes - it would be an issue.

If a form asks you how many children you have - and you say "2" when you really have "4" - you just misrepresented yourself and opened yourself to bans for immigration. You have to answer the question in the context of the form/question.

For example - the I129F question 13 says to list all your children - it doesn't specify only the ones coming with you. So if you have 4 children, you would write their 4 names.

The affidavits will ask how many people you will sponsor. If only 2 children are coming with you, than that is what you write on that form for the count.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes - it would be an issue.

If a form asks you how many children you have - and you say "2" when you really have "4" - you just misrepresented yourself and opened yourself to bans for immigration. You have to answer the question in the context of the form/question.

For example - the I129F question 13 says to list all your children - it doesn't specify only the ones coming with you. So if you have 4 children, you would write their 4 names.

The affidavits will ask how many people you will sponsor. If only 2 children are coming with you, than that is what you write on that form for the count.

HI Bobby+Umit thank you for your quick reply...

we only put 2 names of my kids out of 4 in form I-129F.And already sent it on 2nd week july.So far we are still in a long process before the time of the approval and future interview and I have checked that we should need to fill up another DS form in actual interview where I can still fill up all the names of my kids would it be a problem that the I-129F is not Q #13 is not coincide to the DS 156form?

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Of course it would be a problem to just not mention two of your children. The G-325A isn't asking how many children are coming with you, it's asking how many children you HAVE. The I-134 will be asking who is coming with you. Do not, EVER EVER EVER, misrepresent yourself on a form. It's just asking for trouble.

Hi Coconuts I appreciate your reply though I found it hard at first to understand the question I thought the one that list from the I-129f petition means tha,that is list of beneficiary and that should be a dependent..is there any possible idea I can do?

Posted

Hi Coconuts I appreciate your reply though I found it hard at first to understand the question I thought the one that list from the I-129f petition means tha,that is list of beneficiary and that should be a dependent..is there any possible idea I can do?

I'm not sure what the process will be for you since you failed to mention two of your children on the G-325A form. Hopefully someone here will be able to help you.

Posted

Thanks Coconuts...I will wait for someone else suggestion...Goodluck on your Journey.God Bless!

Really depends who is looking at your documents and what the embassy sees.

You could chalk up the 129 mistake as a "mistake" - since you could think they meant only the children you planned on bringing with you.

I suggest you carefully read and follow the instructions - don't guess or assume on questions, just answer what they are asking for.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

all i can say is to wait for the response of the USCIS if they deny ur paper try ur luck again as simple as that but do not expect that u will get the one u paid as far as i know be true to urself dont make urself confuse have a nice weekend :D and GODBLESS

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

*** not a status report, moving to K-1 visa main forum ***

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

The G-325A does not ask you to list your children. The I-129F does.

USCIS won't deny the petition for this because they have no clue how many kids you've got. However, it could be a significant problem at the interview, and it has been for some other VJ members. Every child under 21 is eligible to apply for a K2 visa, but if they aren't listed on the I-129F then the consulate may presume your US citizen fiance didn't know about them, and that perhaps you might have been hiding the additional children from him. This is one of the reasons some consulates won't accept a K2 visa application for a child that wasn't listed on the I-129F.

You'll be asked again on the DS-156K to list ALL of your children, and indicate for each one whether they will be coming with you or are applying later as a "follow to join" applicant. You will also be asked on the DS-156 to list the names and relationships of everyone who will be traveling with you. I strongly suggest you tell the truth on both of these forms.

There's nothing you can do about the I-129F. It's already been submitted. Unless your fiance gets an RFE then he won't have a chance to correct that form. He should probably prepare an affidavit indicating that he's aware of your other children, listing each by name, and indicating his failure to list them on the I-129F was because he misunderstood the requirements of the form. You can submit his affidavit with the forms you send to the consulate. How many children you've got is not a material fact that would affect whether or not the petition or visa are approved, so they shouldn't reject the petition as being improperly approved because of this.

If you and your fiance had done some advance research you would have known that the I-129F is not where you list the children who will be applying for derivative visas. You've got some time now. You should both be studying what will be required at the consulate so that you don't make a similar mistake. Some mistakes can have much more dire consequences.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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