I-129F or I-130???

[seanjay_11 0]

hi im so confused.... my fiance will file K1 visa for me, but we have a son he's already 6 years old, were thinking if he can be filed in K2 visa? or in separate petition like I-130??

need your help pls..

[seanjay_11 0]

is it possible to use k2 visa for my son eventhough he is a legitimate child of petitioner?

[Kathryn41 3,205]

Is your child also your fiance's child? Is his father a US citizen already? If your son's father was a US citizen at the time your son was born, then your son is already a US citizen through birth. Your fiance needs to initiate a Consular Report of Birth Abroad at the US Consulate where the child was born. This is his acknowledgment that the child is his and his request for proof of US citizenship for his child. If this is the case, there is no need for any further immigration paperwork for your son - just a US passport.

If the father was not a US citizen when your son was born, then you would include him on your application as a K-2 and his file would be processed along with yours.

Here is the information you need to have to register your son's birth as a US citizen:

http://travel.state.gov/law/family_issues/birth/birth_593.html

http://www.state.gov/documents/organization/83127.pdf

(Also, I've removed the duplicate question you asked in the US Citizenship forum as it is only necessary to ask the question once and this is the proper forum for it).

Edited October 16, 2010 by Kathryn41

[seanjay_11 0]

thank you soo much... it really helps me a lot..my son was born before my fiancée become naturalized.. i just thought that K2 visa is only for unmarried child of K1 fiancée and not the son of the petitioner.. thank you so much

my fiance wasnt able to come back in the philippines for us to get married that's why he's going to file K1 and K2 for us..

[seanjay_11 0]

my fiancée is the father of my son..

i have a question again, can I travel together with my son, I want that me and my son will travel together to US.

[Kathryn41 3,205]

When both the K-1 and the K-2 are approved, yes, you can travel together. Read up on the K-2 process and you will see what needs to be done. The fact that your fiance is the father of your son will make that part of the process somewhat easier as you won't have to worry about obtaining the father's permission for your son to immigrate, and things like that.

A visa is required for anyone who is not a US citizen so that determines what is needed, not necessarily the parentage of the child. The parentage becomes important when the petitioning parent is a US citizen and was at the time of the child's birth. Since he wasn't yet a US citizen, then the child cannot obtain derivative US citizenship through him and would require his own visa. As you are the beneficiary of a K-1 visa, he would be the beneficiary of the K-2 visa through you.

Good luck! You must be looking forward to having your family re-united.

Edited October 16, 2010 by Kathryn41

[seanjay_11 0]

thank you very very much,)))) im hoping that soon we will be living and starting a new life together in America.

i've read that the new filing location for fiancee is on Attn: I-129F

2501 South State Highway 121 Business

Suite 400

Lewisville, TX

what should address i put on cover letter and intent to marry? the address above ? or the address of california service center since my fiancee is from las vegas nevada/??