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pinay2013

k2 visa but childs name was not listed in k1 petition

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Filed: K-1 Visa Country: Vietnam
Timeline

hi guys..i want to apply for k2 visa for my kids but their name were not listed on 129f peition.. any advice please?

Why were the children not listed on the K1 petition? I've heard of this situation coming up at the embassy in Manila before. The consulate usually presumes you might have been hiding the fact that you had kids from your fiance. Will your fiance be attending the interview with you?


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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Filed: Timeline

hi.. im done with interview and my fiance didnt come with me.. im not decided yet during that time if i will bring them or not.. thats why i didnt put their names..but now i realized that i will miss them and i want to bring them to US and want to file k2 for them


sept 26 - noa1

feb 22 - noa2

waiting for nvc to receive our case

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Filed: K-1 Visa Country: Kenya
Timeline

hi.. im done with interview and my fiance didnt come with me.. im not decided yet during that time if i will bring them or not.. thats why i didnt put their names..but now i realized that i will miss them and i want to bring them to US and want to file k2 for them

I could be wrong but since you didn't list your kids on the initial application, you might have to look at other options to get them to the States. The K2 Visa is available for children who have been listed on the initial application. Listing them on the I-129F never meant that you would have to go with them to the States, the form just asks that you list any children you have by name. It is at a later stage that you would have had to choose whether or not to apply for a K2 visa for them. Hope others can help but this is my understanding of this situation.


jin5xmldq.png

09/23/2010- Met online

12/23/2010- Met in person in Kenya

02/01/2011- Visited him in China

02/14/2011- He proposed while I was in China

07/09/2011- Moved to China to be with him

12/19/2011- Went to US to meet his family

01/08/2012- Went back to China with him

02/29/2012- Went back to Kenya to await fiancee visa :-(

02/07/2012: I-129F Sent

02/10/2012: USCIS received I-129F

02/10/2012: NOA1 date

02/15/2012: Touched

02/22/2012: NOA1 received in mail

05/05/2012: Broke up :(

Based on timeline data, your I129f may be adjudicated between July 6, 2012 and July 9, 2012*.

"Where there is faith

There is a voice calling, keep walking

You’re not alone in this world

Where there is faith

There is a peace like a child sleeping

Hope everlasting in He who is able...

It is a wonderful, powerful place

Where there is faith" 4Him

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Filed: AOS (apr) Country: Russia
Timeline

I could be wrong but since you didn't list your kids on the initial application, you might have to look at other options to get them to the States. The K2 Visa is available for children who have been listed on the initial application. Listing them on the I-129F never meant that you would have to go with them to the States, the form just asks that you list any children you have by name. It is at a later stage that you would have had to choose whether or not to apply for a K2 visa for them. Hope others can help but this is my understanding of this situation.

This is correct. You're supposed to list any and all children on the 129f form, regardless of their immigration intent, and then list those you want to receive a K-2 on the DS-156K form (or maybe other forms depending on the Embassy).

Since you have already been given the K-1 visa, I'd say you have two options with some uncertainty attached:

1. You have no option since in the Embassy's eyes, you are finished and you'd have to have your USC apply for them as the new step-parent using the I-130 form. Takes about a year. For you to do it, the quickest would be to become naturalized (need to stay married to the K-1 spouse for three years) and then you could do it on your own, add another year.

2. Contact the Embassy and tell them of your mistake. Maybe they will allow you to submit new forms listing the children and those wanting a K-2. Big potential problem: Since you incorrectly filled out the 129f form and didn't inform anyone, USCIS or the Embassy during the K-1 process of your mistake, they might take offense to this and determine that you committed some sort of "fraudulent" activity and revoke that K-1 visa and make you guys start all over from the beginning. This is very messy indeed.

It may be immigration attorney time.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: IR-1/CR-1 Visa Country: China
Timeline

were the kids listed on any of the paperwork for VISA intake? DS-156, DS-, DS-230 ? any of that ?

I know you mentioned the I-129F petition, but what about the visa forms collection ?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: Citizen (apr) Country: Ukraine
Timeline

hi.. im done with interview and my fiance didnt come with me.. im not decided yet during that time if i will bring them or not.. thats why i didnt put their names..but now i realized that i will miss them and i want to bring them to US and want to file k2 for them

Children are supposed to be listed on the petition whether you intend for them to come or not. The question is VERY clear about this. Your K-1 case is closed, I sincerely dount they will reopen it to add children not listed. You have the option of your husband filing an I-130 for the children IF they are under 18 years of age when he marries you.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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