Inquiry about K-2 Visa for stepdaughter

[callmekay 19]

My fiance and I were introduced to each other by our parents. He's in Vietnam. In Vietnam they have what's called the Ho Khau, basically a residence listing of all who resides in the house. I have a few questions pertaining to his 7 year old daughter.

1. My fiance has never been legally married with his daughter's mother. More a commonlaw marriage. He is listed on her birth certificate. According to Vietnamese law, if the mother has a child and its out of wedlock, the child follows the mother. Therefore, my future stepdaughter is listed with her mother's Ho Khau and not with her father. However, she is listed with his mother because she currently resides there for school. My fiance and his daughter's mother split when his daughter was 2 years old. He's been her primary caregiver. He is not listed at his mother's Ho Khau. So technically, there is no same residency between father and daughter. He does however have school record indicating that he's the the guardian of the child ever since she was old enough to attend. Does anyone experience any issues when child/parent are not listed on the same Ho Khau?

2. I am aware I need to list her on the I-129F form. It also states we need passport pictures of the beneficiary. Does this mean I am to include a G-325A form and passport photo for my future stepdaughter as well? I figured I can send it in as a precautionary stage.

3. What happens if the address does not fit on the line on the form? Vietnamese addresses are long and lengthy

Any help would be greatly appreciated

Thanks in advance,

Kay

[Pitaya 2,577]

My fiance and I were introduced to each other by our parents. He's in Vietnam. In Vietnam they have what's called the Ho Khau, basically a residence listing of all who resides in the house. I have a few questions pertaining to his 7 year old daughter.

1. My fiance has never been legally married with his daughter's mother. More a commonlaw marriage. He is listed on her birth certificate. According to Vietnamese law, if the mother has a child and its out of wedlock, the child follows the mother. Therefore, my future stepdaughter is listed with her mother's Ho Khau and not with her father. However, she is listed with his mother because she currently resides there for school. My fiance and his daughter's mother split when his daughter was 2 years old. He's been her primary caregiver. He is not listed at his mother's Ho Khau. So technically, there is no same residency between father and daughter. He does however have school record indicating that he's the the guardian of the child ever since she was old enough to attend. Does anyone experience any issues when child/parent are not listed on the same Ho Khau?

2. I am aware I need to list her on the I-129F form. It also states we need passport pictures of the beneficiary. Does this mean I am to include a G-325A form and passport photo for my future stepdaughter as well? I figured I can send it in as a precautionary stage.

3. What happens if the address does not fit on the line on the form? Vietnamese addresses are long and lengthy

Any help would be greatly appreciated

Thanks in advance,

Kay

Welcome to the forum.

I think I can offer some advice for a couple of your questions.

At this point in the petition process, list the child on the I-129F. For a K-2 visa for the child, there is no need for a separate G325A or photo for the child at this time. Photos, and other documents/forms will be necessary later on after NOA2 step, refer to the Guides for more information about that.

For lengthy responses use a supplemental sheet, referencing the specific line of the form. That is what we did for many requisite forms. Chinese addresses, when translated into English are also long (but relatively short when using Chinese characters).

My wife got a notarized letter from her son's father authorizing the son to immigrate to the US. Not sure if that is applicable, or necessary in your situation. YMMV. Check your regional forum and interviewing embassy/consulate info for more details. Hopefully someone with a similar situation that has immigrated from Vietnam will be able to respond.

Good luck on your visa journey.

Edited November 25, 2012 by A&B

[Ryan H 3,857]

Moved from Progress Reports to Process & Procedures.

[callmekay 19]

Welcome to the forum.

I think I can offer some advice for a couple of your questions.

At this point in the petition process, list the child on the I-129F. For a K-2 visa for the child, there is no need for a separate G325A or photo for the child at this time. Photos, and other documents/forms will be necessary later on after NOA2 step, refer to the Guides for more information about that.

For lengthy responses use a supplemental sheet, referencing the specific line of the form. That is what we did for many requisite forms. Chinese addresses, when translated into English are also long (but relatively short when using Chinese characters).

My wife got a notarized letter from her son's father authorizing the son to immigrate to the US. Not sure if that is applicable, or necessary in your situation. YMMV. Check your regional forum and interviewing embassy/consulate info for more details. Hopefully someone with a similar situation that has immigrated from Vietnam will be able to respond.

Good luck on your visa journey.

Thank you for your reply

So when I turn in the I-129F a passport style is not needed for my future stepdaughter...and for the address use a supplemental sheet. Got it

We will need a quit claim form for her and get that notarized.

[Pitaya 2,577]

Thank you for your reply

So when I turn in the I-129F a passport style is not needed for my future stepdaughter...and for the address use a supplemental sheet. Got it

We will need a quit claim form for her and get that notarized.

Correct, the initial I-129F petition filing is to show that the petitioner and beneficiary have a genuine and ongoing relationship. through meeting the visa requirements, filing the petition and providing necessary/requisite evidence.

Here is an example of the notarized "Parental Custody Certificate" that we were able to use to obtain permission from the father and provided to the interviewing consulate in Guangzhou:

STATEMENT

Date:

Dear Sir or Madam:

I, <father's name> (<Date of Birth> <ID #>), father of <child's name> (<Date of Birth> <ID #>). His mother and I were married <date> and divorced <date>. <child's name> has lived with his mother since the divorce. Please accept this statement as my authorization for my child, <child's name>, to join his mother and immigrate to the United States.

Sincerely,

<father's signature>

<father's printed name>

(The notary statement/information is then included here.)

For our purposes in China, we had this document prepared in "White Book" format, refer to this link for more information about contents of Chinese "White Book(s)." Please use this as a guide only. Requirements may be different for your situation. Please check with your intended interviewing embassy/consulate, and regional forum here for more specific requirements (including translation).

Good luck on your visa journey.

Edited November 25, 2012 by A&B

[callmekay 19]

Correct, the initial I-129F petition filing is to show that the petitioner and beneficiary have a genuine and ongoing relationship. through meeting the visa requirements, filing the petition and providing necessary/requisite evidence.

Here is an example of the notarized "Parental Custody Certificate" that we were able to use to obtain permission from the father and provided to the interviewing consulate in Guangzhou:

STATEMENT

Date:

Dear Sir or Madam:

I, <father's name> (<Date of Birth> <ID #>), father of <child's name> (<Date of Birth> <ID #>). His mother and I were married <date> and divorced <date>. <child's name> has lived with his mother since the divorce. Please accept this statement as my authorization for my child, <child's name>, to join his mother and immigrate to the United States.

Sincerely,

<father's signature>

<father's printed name>

(The notary statement/information is then included here.)

For our purposes in China, we had this document prepared in "White Book" format, refer to this link for more information about contents of Chinese "White Book(s)." Please use this as a guide only. Requirements may be different for your situation. Please check with your intended interviewing embassy/consulate, and regional forum here for more specific requirements (including translation).

Good luck on your visa journey.

In VN they require a quit claim. So I'll be looking into that too.

Thank you for your well wishes