a question about children

[wissooner 0]

I will be filing my I-129f in January. My fiance has a 20 yo unmarried son (who will turn 21 by the time of approval/interview and is not coming with her) which I assume I have to list on the petition. My question is does he have to accompany her to the interview at the embassy? The instructions on the embassy website would seem to indicate that he would, or do only children immigrating with the parent have to be present for the interview?........................Ken

[jonty 0]

I will be filing my I-129f in January. My fiance has a 20 yo unmarried son (who will turn 21 by the time of approval/interview and is not coming with her) which I assume I have to list on the petition. My question is does he have to accompany her to the interview at the embassy? The instructions on the embassy website would seem to indicate that he would, or do only children immigrating with the parent have to be present for the interview?........................Ken

Hello,

The child(Under 21 yrs of age) if immigrating with the Fiancee has to accompany the fiancee at the time of the interview.

He can not qualify for the K-2 visa if over 21 yrs of age.

[1HappyGuy 45]

You should ascertain if your fiancee's son plans to immigrate or is just unsure at this point. It is important to determine this now as turning 21 changes the aspects of immigrating. If he plans to come, then yes he should attend the interview and should be included in the application. My recommendation would be to include him and let him decide later if he wants to stay. Right now he doesn't know what he wants and only knows his own country. With regard to him turning 21 about the time of the interview, that could be a problem. If the timing is such, why wait until January to file.

If you have looked at the timelines, the processing time is not real fast. If you consider the probable delays that could happen, you might miss the 21 year deadline. Also, if he needs to finish schooling, then it is possible for the visa to be extended. You should contact the U.S.embassy in your fiancee's country for a more definitive explanation. One thing about contacting the U.S. embasssy. Be very thorough in your explanation so they can give you a better answer.

You should also review the timelines for the embassy in question.

[wissooner 0]

Perhaps I did not make myself clear. My fiance's son does not want to immigrate here with his mother. I do not want to involve him in the immigration process if I don't have to. My question is if I have to include him on the I-129f because he is still 20yo at the time of application, but does not want to immigrate, does he still have to attend the interview. I am not sure he would go anyway if asked......................Ken

[jo&john 1]

Perhaps I did not make myself clear. My fiance's son does not want to immigrate here with his mother. I do not want to involve him in the immigration process if I don't have to. My question is if I have to include him on the I-129f because he is still 20yo at the time of application, but does not want to immigrate, does he still have to attend the interview. I am not sure he would go anyway if asked......................Ken

Hello,

Which embassy will your fiancee go for the interview? And besides, before your fiancee and her son go to the interview, they should comply first with the medical requirements. Your fiancee's son's physical presence for medicals is a must. In the Philippines, the passports prior to the interview should be authenticated first by the Medical Clinic (St Luke's Medical Extension) as proof of medical examination. In most cases, the passports are left at the clinic and it is the clinic that forwards the passports and medical results to the embassy. In special cases (if the interview is scheduled the following day), the clinic allows the applicant to bring the passport (with authentication) as well as the sealed envelope containing the medical results to be given to the consular officer.

I suggest, you just put the name of your fiance's son in the petition. Who knows, he might change his mind. And do you know that because my daughter is ageing out (she will be 21 in January 2007), they expedited our case? We will now be flying to the States in November. But the journey does not end. We have to act fast so we can adjust status before she turns 21.

Just give a thought on this. Willingness on the part of the K2 (fiance/e's child) is very important.

God bless,

[wissooner 0]

Thanks for the reply. Her son has no interest in immigrating here with his mother. I am afraid that he would not go with his mother to Moscow for her interview if asked. He is rather cool to her coming here. A trip to Moscow would be a two day trip (probably) and I do not think he would go for it. He will turn 21 about two weeks after I mail off the I-129f, I could wait till he turns 21, but I have already waited long enough. I was hoping to shave 2 or 3 weeks and not have to worry about her son guming this whole process up. So, my original question is this; If I list her son on the I-129f, will he be obligated to attend the embassy interview with his mother, even if he does not want to immigrate?..........................Ken

[Dan+Nikki 0]

Perhaps I did not make myself clear. My fiance's son does not want to immigrate here with his mother. I do not want to involve him in the immigration process if I don't have to. My question is if I have to include him on the I-129f because he is still 20yo at the time of application, but does not want to immigrate, does he still have to attend the interview. I am not sure he would go anyway if asked......................Ken

I understand it as he does not. I will be in that same situation by hopefully early summer of next year. From my understanding he DOES have to be listed on the I-129F form. He is her son after all, But you do not have to list him on the I-134 and he doesn't need any physicals or anything. Listed on the I-129F at the beginning and that is all. I'm thinking everyone else has skimmed over your post and missed the point.

-Dan

BTW I'm not a Lawyer or an immigration officer, and I'm learning as much as I can as I go. This is my understanding at this time. If I find something else on it Ill post here.

Edited October 27, 2006 by Dan+Nikki

[sunandmoon 450]

if he is not applying for K-2 visa, he does not have to attend the interview.

[TRKCKL11 0]

hi i also wondered about this question, as only 2 of my 3 children will be immigrating with me.

i only put my 2 children on the form . when my oldest turns 18 and decides he wants to come we will file then for him.

[wissooner 0]

Thanks all for the replys. I will list him on the I-129f and let it go at that. There was never a question of him coming here with her anyway. I just did want him to slow things down even more.................Ken

[Yodrak 7]

TRKCKL11,

The item didn't instruct you to list children who would be immigrating with you, it instructed you to list all of your children.

Yodrak

hi i also wondered about this question, as only 2 of my 3 children will be immigrating with me.

i only put my 2 children on the form . when my oldest turns 18 and decides he wants to come we will file then for him.

Edited October 27, 2006 by Yodrak