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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I'm in the process of filing for a K1 visa. However, I do have a couple of questions and need a little assistance. In my situation, my fiance from the Philippines is divorced and have sole custody of her children, (ex husband is gone, working in another country). She is NOT planning on taking the kids with her. (Children will be staying with her mom and family) Now my question is.... Do i fill out the children's name on the I129 form and does she disclose that on the ds156k visa form? If we do, would the embassy ask for a signed permission from her ex spouse to allow her, my fiance, even with her having sole custody of the kids to leave the country? Should we even disclose the kids information if they are not coming? I know that I can go ahead and provide the kinds information on the I129 form as the DS156k will ask if the kids will follow, and we can just put no. Would there be any problems with her being divorced and leaving the kids behind? Would the embassy ask the ex spouse for permission? Or would they even know she has kids if we just leave it blank? Just don't want any kind of problems, any response will be greatly appreciated, thanks!!

Filed: AOS (apr) Country: Australia
Timeline
Posted

I'm in the process of filing for a K1 visa. However, I do have a couple of questions and need a little assistance. In my situation, my fiance from the Philippines is divorced and have sole custody of her children, (ex husband is gone, working in another country). She is NOT planning on taking the kids with her. (Children will be staying with her mom and family) Now my question is.... Do i fill out the children's name on the I129 form and does she disclose that on the ds156k visa form? If we do, would the embassy ask for a signed permission from her ex spouse to allow her, my fiance, even with her having sole custody of the kids to leave the country? Should we even disclose the kids information if they are not coming? I know that I can go ahead and provide the kinds information on the I129 form as the DS156k will ask if the kids will follow, and we can just put no. Would there be any problems with her being divorced and leaving the kids behind? Would the embassy ask the ex spouse for permission? Or would they even know she has kids if we just leave it blank? Just don't want any kind of problems, any response will be greatly appreciated, thanks!!

You need to list all her children whether they are coming over or not. depending on the country and laws is whether or not she would need a written approval from her ex but as she has sole custody I don't think so but not sure on that one.

156k if the children are under 21 yes she needs to write them and and then tick no not following with her.

Divorced !st November 2012.

Married only 2 years 1 month

Posted

My take on this would be to not put the children's info on the I129F form since they're not coming with the mother,anyway. But provide proof of marriage termination with the ex-husband.

This is so WRONG. The form asks you to list ALL OF HER CHILDREN no matter if they're coming with or following behind her. Stop overthinking it and just do what the form/directions ask.

11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

Filed: AOS (apr) Country: Philippines
Timeline
Posted

My take on this would be to not put the children's info on the I129F form since they're not coming with the mother,anyway. But provide proof of marriage termination with the ex-husband.

Your take is wrong... The question is not "List only the children who will apply for a visa."

I'm in the process of filing for a K1 visa. However, I do have a couple of questions and need a little assistance. In my situation, my fiance from the Philippines is divorced and have sole custody of her children, (ex husband is gone, working in another country). She is NOT planning on taking the kids with her. (Children will be staying with her mom and family) Now my question is.... Do i fill out the children's name on the I129 form and does she disclose that on the ds156k visa form? If we do, would the embassy ask for a signed permission from her ex spouse to allow her, my fiance, even with her having sole custody of the kids to leave the country? Should we even disclose the kids information if they are not coming? I know that I can go ahead and provide the kinds information on the I129 form as the DS156k will ask if the kids will follow, and we can just put no. Would there be any problems with her being divorced and leaving the kids behind? Would the embassy ask the ex spouse for permission? Or would they even know she has kids if we just leave it blank? Just don't want any kind of problems, any response will be greatly appreciated, thanks!!

Divorced in the PI? Are you sure?

YMMV

Posted

There is no such thing as divorce in the Philippines. I suggest you make sure what she means by "divorced".

Dec 05, 2011: Received U.S. permanent resident status (AOS based on K-1 visa)

Dec 16, 2013: Removal of conditions on green card

Apr 28, 2015: Became a U.S. Citizen

Filed: AOS (apr) Country: Philippines
Timeline
Posted

There is no such thing as divorce in the Philippines. I suggest you make sure what she means by "divorced".

I agree with this quote as well as George & Gina's. Divorce "No" In the Philipphines, Annulment Yes. Will the children be listed on the Forms? Yes.

If you don't, you will be denied for Fraud. (does'nt matter if the children are Immigrating or not)

Just me but, she is going to leave her children.

TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Dont even think of leaving the children's details out. Believe it or not it could lead to years of ban as it could be seen as misrepresentation or fraud.

She might not want to bring the children now but I can bet in a few years she will want her children with her,what will you do then? Claim you forgot that she had children during her application process? I dont think so...


N400


Filing based on 3yrs/USC Spouse. 3 year residency anniversary is in August 2014. Filed immediately after the 90-day early filing mark (May 2014)


05/06/2014 - Mailed N-400

05/15/2014 - Check cashed

05/12/2014 - NOA Date

06/11/2014 - Biometrics Appointment

09/15/2014 - Inline for interview scheduling (was stuck in "Initial Review" for over 3 months!)

10/27/2014 - Scheduled for interview

12/01/2014 - Interview

12/19/2014 - I AM A US CITIZEN!


Posted

I'm in the process of filing for a K1 visa. However, I do have a couple of questions and need a little assistance. In my situation, my fiance from the Philippines is divorced and have sole custody of her children, (ex husband is gone, working in another country). She is NOT planning on taking the kids with her. (Children will be staying with her mom and family) Now my question is.... Do i fill out the children's name on the I129 form and does she disclose that on the ds156k visa form? If we do, would the embassy ask for a signed permission from her ex spouse to allow her, my fiance, even with her having sole custody of the kids to leave the country? Should we even disclose the kids information if they are not coming? I know that I can go ahead and provide the kinds information on the I129 form as the DS156k will ask if the kids will follow, and we can just put no. Would there be any problems with her being divorced and leaving the kids behind? Would the embassy ask the ex spouse for permission? Or would they even know she has kids if we just leave it blank? Just don't want any kind of problems, any response will be greatly appreciated, thanks!!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I agree with the others here. If her K1 visa is approved then the children have derivative status, and are eligible to apply for a visa. They don't need any petition or permission from you to do so. There have been many cases in the past where the beneficiary clearly understood this, and hid the fact that she had children from the petitioner. Needless to say, it was a surprise to the petitioner who thought he was meeting his fiancee at the airport, but found he was meeting an entire family.

The US Embassy in Manila is particularly ####### about this. If the children are not listed on the I-129F then they will insist on a notarized statement from you that you aware of the discrepancies between the information in the petition and the actual facts, and that you intend to proceed with the marriage anyway. This requirement is even stated in the K1 interview instructions. They may also grill your fiancee at the interview about why this information was withheld.

Save yourself a lot of headaches. List all of her children on the petition.

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!

Posted

I'm in the process of filing for a K1 visa. However, I do have a couple of questions and need a little assistance. In my situation, my fiance from the Philippines is divorced and have sole custody of her children, (ex husband is gone, working in another country). She is NOT planning on taking the kids with her. (Children will be staying with her mom and family) Now my question is.... Do i fill out the children's name on the I129 form and does she disclose that on the ds156k visa form? If we do, would the embassy ask for a signed permission from her ex spouse to allow her, my fiance, even with her having sole custody of the kids to leave the country? Should we even disclose the kids information if they are not coming? I know that I can go ahead and provide the kinds information on the I129 form as the DS156k will ask if the kids will follow, and we can just put no. Would there be any problems with her being divorced and leaving the kids behind? Would the embassy ask the ex spouse for permission? Or would they even know she has kids if we just leave it blank? Just don't want any kind of problems, any response will be greatly appreciated, thanks!!

I have 2 kids from ex and my kids came here 3 yrs.later but from the start of the K1 process i listed all my children.DON"T ever lie coz they will find it out later or sooner and will be a reason for denial even.

Is ur fiancee Divorced or Annulled??there is no Divorce in the Philippines...ANullment YES.

If she is annulled legally then there is no problem with her leaving the kids temporarily if that is her plan. List ALL her kids,,DON'T lie,,it won't help if u lie.

If she has sole custody of her kids then no problem. I had sole custody of my 2 kids and we were not married so mine was easy journey. Good Luck!

 
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