List all the children of your alien fiance question....oops?

[uklover 1]

Hi there,

So i have been reading the posts here etc, and decided to take a look at the forms I submitted for the K1 visa. I took another look at the I-129f form I completed for my fiance and I, and I noticed that the question about "list all children of your alien fiance" I put none.

At the time of filling this out, I read it as children who will be accompanying him over to the USA, but upon further investigation it looks like it meant all of his kids even if they are staying in England.

Which one should I have put?

Special note: On his kids birth certificates...he was never listed as the father

Will I get a RFE or was that lying if I misread the form?

I forgot to say....his kids will not be coming over to the USA with him. They are going to remain in England.

[TwoCats 55]

This is a pretty commonly asked question.

Include /all/ children.

Even those not accompanying.

[HeatDeath 431]

Hmmm. They can't RFE you for it if they don't know that it's wrong. Are these children listed anywhere else, like on his G-325a? If so, you'll probably get an RFE for it.

If it gets approved before the RFE, then A ) He'll need to make sure he reminds the consulate of their existence during the interview, and B ) well before his interview, you should schedule an InfoPass appointment with USCIS to make sure they're aware of the situation.

It won't hurt to call the USCIS info line, as to speak to an Immigration Service Officer [that's their second level. The first level phone droids aren't all that helpful.] and ask them what to do, as well.

[Krikit 1,166]

They should have been listed but it's a non-issue, really, if they're remaining behind. Lots of people have not listed their children for the same reason. He can always discuss it with the interviewing officer and see what they have to say about it. But don't go out of your way to correct it at this point.

[Nich-Nick 3,354]

I agree with Krikit. I don't think it's a big deal. I think the main reason for the children's section is to have a place to list children coming to the US and they're not going to be overly freaked out if you didn't list ones not coming. If your interviewer wants to add them to your petition packet, he can write them in. Don't rock the boat at this point since it's already done.

[HeatDeath 431]

This is probably much more of an issue in some places other than Western Europe, but I just wonder if the children are parameters in, or have to get checked as part of the background checks, particularly the extended ones that often cause "Administrative Processing." If so, omission of a child, particularly an older one, could, in the absolute worst case scenario, be construed as material misrepresentation unless the beneficiary is seen as being very proactive to provide that information and correct the omission.

That said, in England at least, Krikit and NichNick are probably right - it probably isn't that big a deal and just bringing the information to the interview is almost certainly sufficient.

Edited March 18, 2011 by HeatDeath

[Nich-Nick 3,354]

The Dept of State visa application forms also ask for children and the beneficiary should list them at that time. It's on the DS-230 and DS-156K I think.

[baron555 934]

They should have been listed but it's a non-issue, really, if they're remaining behind. Lots of people have not listed their children for the same reason. He can always discuss it with the interviewing officer and see what they have to say about it. But don't go out of your way to correct it at this point.

Bring a correct form for the interview and offer that to the CO to replace the one that will be in the file.

[Krikit 1,166]

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