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JohnandWendyB

Just filed I-129F now child...

By JohnandWendyB in Bringing Family Members of Permanent Residents to America

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JohnandWendyB Enthusiast

JohnandWendyB   21

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Filed: K-1 Visa Country: England
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OK. I am kind of worried. I just filed 7/15/11 for my fiance. That was the end of our plans. Recently, however, there have been some issues with her mother to where it looks at this point his daughter might need to be filed for as well. Any quick tips/advice things I need to be worried about now versus later-after I have more time to research this? We were thinking what we would do is continue just working on getting him here and apply for AOS then apply for her. Is this a good game plan or are there problems with doing that to where we need to rethink this immediately? Is it too late to try to apply for her now? If we wait and apply for her would we be able to count his income and mine for bringing her over here?

Any thoughts or comments would be appreciated. Any suggestions on things I need to look up right now? I am also assuming he would need paperwork from court saying he has custody of the child and mom would allow her to live overseas?

Thanks!

7/15/11 Sent K1 Petition to Lockbox

8/10/11 STILL NO NOA1!

8/12/11 Called USCIS to get receipt number-NOA1 will be resent

8/16/11 Received NOA1 with date of 7/20/11

1/3/12 NOA2!!!

1/12/12 Got email notice we are through the NVC.

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JimVaPhuong Veteran

JimVaPhuong   4,863

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Filed: K-1 Visa Country: Vietnam
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Posted

OK. I am kind of worried. I just filed 7/15/11 for my fiance. That was the end of our plans. Recently, however, there have been some issues with her mother to where it looks at this point his daughter might need to be filed for as well. Any quick tips/advice things I need to be worried about now versus later-after I have more time to research this? We were thinking what we would do is continue just working on getting him here and apply for AOS then apply for her. Is this a good game plan or are there problems with doing that to where we need to rethink this immediately? Is it too late to try to apply for her now? If we wait and apply for her would we be able to count his income and mine for bringing her over here?

Any thoughts or comments would be appreciated. Any suggestions on things I need to look up right now? I am also assuming he would need paperwork from court saying he has custody of the child and mom would allow her to live overseas?

Thanks!

You don't file a separate petition for his daughter. Presuming she's a minor, she will be eligible for a K2 derivative visa provided that you listed her on the I-129F that you filed for your fiance. She can apply for a K2 visa at the same time he does, or she can apply within one year of the date his K1 visa is issued.

He'll need evidence to prove he's her biological father. Most consulates also require a "quit claim" from the non-immigrating parent giving permission for their child to immigrate permanently to the United States. You can get specific instructions from the consulate about this.

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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JohnandWendyB Enthusiast

JohnandWendyB   21

Posted
Filed: K-1 Visa Country: England
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Thank you, Jim.

7/15/11 Sent K1 Petition to Lockbox

8/10/11 STILL NO NOA1!

8/12/11 Called USCIS to get receipt number-NOA1 will be resent

8/16/11 Received NOA1 with date of 7/20/11

1/3/12 NOA2!!!

1/12/12 Got email notice we are through the NVC.

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