child did not include in the K-1 petition

[ms.patience 0]

Hi to everyone,

I hope anybody can help me with my inquiry. I was petitioned thru Fiancee' visa and we're married now. We did not include my daughter's name in my petition because she was not coming with me yet. And also we were bafled about the question, "to-follow and to join". The CO in Manila asked me why I did not put my daughter's name and I gave my same reason. Now, my question is, can my husband who's a US citizen file a petition for my daughter even though her name wasn't there. By the way, we got married when she's still 16, so she's considered as a child.

Or can I petition her, I think I just put her name when I adjusted my status to conditional. Thank you and hope to read considerable answer.

[Dan and Judy 614]

I'm not an expert on this ,I think your husband can apply to bring her over, but if he does they would review everything about you with a fine tooth comb. It is simply suspicious.

"list all children of your alien fiance" is not terribly confusing.

Being somewhat hardened by my previous experience. I can only think of two good reasons that your daughter would not be listed on your original application.

1. Her birth certificate says you were married to her father.

That would be a realy bad thing to show to the immigration people epecially if you were married to her father.

If the birth certificate said you were married but you were not married then it would have been best to explain that with the original application

2. You lied to your husband and he didn't know you had a daughter when he filled out the application. But he knows now and has forgiven you.

at best you have created a big cloud of suspicion. If you talked to the CO about your daughter in the interview, he could have made a note of it and that could work in your favor.

If her birth certificate dosn't say you were married then I think you can probably make it happen. It would probably be worth consulting a lawyer

Dan

[Boiler 47,673]

I would agree.

[michaillah07 2]

Hi, how old is your daughter now? If she is still under 21 now, your husband can file the petition for her wherein it will be like starting all over again from the beginning. Or, you can wait until you get your citizenship then petition her without the waiting period as long as she will still be under 21 by the time you get your citizenship. Just a thought, if your daughter in school, let her finish her studies in the Philippines and get her here after she have a degree. College here is so costly (that is if she is in school).

Good luck.

[Dan and Judy 614]

this is a link to a visajourney post called "imigration guides for foreign relatives"

http://www.visajourney.com/forums/topic/313-immigration-guides-for-foreign-relatives/page__st__30

within this post are two different couples who had surprisingly similar problem to yours, these are links to their profiles

http://www.visajourney.com/forums/user/56826-mahalako/

http://www.visajourney.com/forums/user/74677-emit/

Neither couple has been active on VJ for months, but if you click on their profile there is a link to e mail them. Ive never tried it so I dont know if it works

but finding out what happened with their cases would be very helpful to you.

good luck

Dan

[ms.patience 0]

I'm not an expert on this ,I think your husband can apply to bring her over, but if he does they would review everything about you with a fine tooth comb. It is simply suspicious.

"list all children of your alien fiance" is not terribly confusing.

Being somewhat hardened by my previous experience. I can only think of two good reasons that your daughter would not be listed on your original application.

1. Her birth certificate says you were married to her father.

That would be a realy bad thing to show to the immigration people epecially if you were married to her father.

If the birth certificate said you were married but you were not married then it would have been best to explain that with the original application

2. You lied to your husband and he didn't know you had a daughter when he filled out the application. But he knows now and has forgiven you.

at best you have created a big cloud of suspicion. If you talked to the CO about your daughter in the interview, he could have made a note of it and that could work in your favor.

If her birth certificate dosn't say you were married then I think you can probably make it happen. It would probably be worth consulting a lawyer

Dan

Hi Dan,

I'm sorry I did not elaborate it clearly. I am a single mom, never been married and my daughter was 16 when I met my fiance and got married before before she reached 17. I did not lie to my husband. He met and we had a week of bonding with her when he had to get me and bring to US. I wasn't able to look at his application, just mine. He just asked if I'm going to bring my daughter and I said no, I told him not to put my daughter's name there since she's not coming yet. I did'not know the application is asking the list of children of alien fiancee. Of course the question was basically understandable but I was asked differently. And regarding with my application, I was asked children who will follow or join within a year and she's not so I didn't put her name there. I just found out through browsing the site that we should put her name in the original application. I hope this makes clearly and hope to have a different opinion regarding this.

Edited December 3, 2010 by ms.patience

[Dan and Judy 614]

Ok, you've convinced me, but the immigration people are still going to be suspicious.

If her birth certificate indicates that you were not married, I believe she would have your last name in that case. Then there is no reason for you to not apply. The worst they could do is say no. If you look back a couple of posts you can see links for "Mahalako" and "Emit". About 6 months ago they had the same problem you have now. So they should be experts on what you need to do next and they can tell you if they were successful or not. If that link is still good for them, I am sure they would be happy to share their experience with you.

here is a copy of what they said:

<!--quoteo(post=3396532:date=Oct 13 2009, 12:07 AM:name=emit)--><div class='quotetop'>QUOTE (emit @ Oct 13 2009, 12:07 AM) <a href="index.php?act=findpost&pid=3396532"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->Hi Ewok,

I think you can help me with this one. I got my visa through K1 and have now my conditional status. I have a daughter left in the PI. She's 16. She was not included in my I129 petition but I put her name with my adjustment of status. I would like to know what form will I use to petition her? Can my husband petition her instead of me to make it faster? If I will petition her, when was the best possible time? I will really appreciate your answer with this. Thanks<!--QuoteEnd--></div><!--QuoteEEnd-->

Your husband can file a I-130 for your daughter as long as the step-parent relationship begain before the childs 18th birthday.. it will be much quicker for him to file than for you..

I. Have the same problem how do you know if the I- 130 is the way to go and how long will it take my wife son is 10 years old in philippines

here are their links again:

http://www.visajourn...56826-mahalako/

http://www.visajourn...ser/74677-emit/

Good luck

Dan

[ms.patience 0]

Ok, you've convinced me, but the immigration people are still going to be suspicious.

If her birth certificate indicates that you were not married, I believe she would have your last name in that case. Then there is no reason for you to not apply. The worst they could do is say no. If you look back a couple of posts you can see links for "Mahalako" and "Emit". About 6 months ago they had the same problem you have now. So they should be experts on what you need to do next and they can tell you if they were successful or not. If that link is still good for them, I am sure they would be happy to share their experience with you.

here is a copy of what they said:

<!--quoteo(post=3396532:date=Oct 13 2009, 12:07 AM:name=emit)--><div class='quotetop'>QUOTE (emit @ Oct 13 2009, 12:07 AM) <a href="index.php?act=findpost&pid=3396532"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->Hi Ewok,

I think you can help me with this one. I got my visa through K1 and have now my conditional status. I have a daughter left in the PI. She's 16. She was not included in my I129 petition but I put her name with my adjustment of status. I would like to know what form will I use to petition her? Can my husband petition her instead of me to make it faster? If I will petition her, when was the best possible time? I will really appreciate your answer with this. Thanks<!--QuoteEnd--></div><!--QuoteEEnd-->

Your husband can file a I-130 for your daughter as long as the step-parent relationship begain before the childs 18th birthday.. it will be much quicker for him to file than for you..

I. Have the same problem how do you know if the I- 130 is the way to go and how long will it take my wife son is 10 years old in philippines

here are their links again:

http://www.visajourn...56826-mahalako/

http://www.visajourn...ser/74677-emit/

Good luck

Dan

For the record, I am not convincing you. I am telling you what you didn't understand with my detail. Anyways thank you very much. As what you said, there's no reason that I cannot petition my daughter. Then why are you telling the immigration will say no? There's no logic about what you're saying. If they will deny me then why would I waste my money and time to do it?

[Dan and Judy 614]

For the record, I am not convincing you. I am telling you what you didn't understand with my detail. Anyways thank you very much. As what you said, there's no reason that I cannot petition my daughter. Then why are you telling the immigration will say no? There's no logic about what you're saying. If they will deny me then why would I waste my money and time to do it?

I think maybe my english confused you a little.

I believe that if your daughter's birth certificate says you were not married when she was born, they will probably give her a visa.