help with fiance's son

[t.t.1 1]

I need help with this situation; during the k-1 process I had advised my fiancé to leave out her son due to some personal issues, hence we did not involve his 6 year old on any of her documentation. Now she is here and crying everyday about getting him here. I know from visa journey that I made a mistake not placing him on the documentation even if he was not going to travel. Now I am all for getting her son here to join us and want to know where I start?

[Cathi 5,610]

She didn't list him as a child on any of the forms at all? USCIS isn't even aware that she has a child? You do realize that lying to USCIS is a BIG no no, right? You need to find a good immigration attorney. This is not a problem you can overcome on your own.

[jkelly07 120]

you have a BIG problem if your son was not listed on any forms,your going to need a immigration lawyer for this since you lied on the documents.no children.

[Tim/Mav 305]

Question #1 : Did you get Married within 90 days upon her arrival.

Are you Married now.

If you answer: Yes you need help as stated..

[LIFE'SJOURNEY 970]

File the 130 form for the step-child. Immigrations has seen this before, they will proceed accordingly.

This topic has been discussed on this board many times before. Do a site search for other related post.

Edited December 30, 2012 by LIFE'SJOURNEY

[Tim/Mav 305]

File the 130 form for the step-child. Immigrations has seen this before, they will proceed accordingly.

This topic has been discussed on this board many times before. Do a site search for other related post.

I dis-agree if what I'm reading is correct. This is a K-1 and not a Spousal Visa with the intent to send for the child at a later date. The Forms: From what the OP says are for a SINGLE Beneficiary.

[LIFE'SJOURNEY 970]

Tim, a step parent can file for their step child even if the parent bio-parent is no lonfger in the marriage. Therefore, they should not file for a k2, they should file for a 130, as a step parent.

The petitioner became the step parent before the child turned 18, this child is seven. It is the stepparent whom is now filing for his step son.

Yes, I am aware that this couple is still married.

Edited December 30, 2012 by LIFE'SJOURNEY

[Tim/Mav 305]

Tim, a step parent can file for their step child even if the parent bio-parent is no lonfger in the marriage. Therefore, they should not file for a k2, they should file for a 130, as a step parent.

The petitioner became the step parent before the child turned 18, this child is seven. It is the stepparent whom is now filing for his step son.

Yes, I am aware that this couple is still married.

There is no Time-Line made. A Step child is not a Step Child until after Marridge. Moreover again... It's a K-1 Visa and the 129-F must be truthfuly answered. The OP is stating: From what I read that no mention of a child being brought onto this earth is made. Thats where is all went "Haywire". It appears they went through the process as if the child never existed and therefore did not tell the truth. It will be the Beneficiary that pays the cost if in fact it was a direct Lie. No form is going to avoid that.

If I lied to USCIS on a K-1 129-F Petition and Mav went along with it and later found it was Fruad by USCIS I'll just File a Form and were all forgiven. Oh Please.

[LIFE'SJOURNEY 970]

Tim, I didn't say they wouldn't have to explain to immigration why the child was not listed, but immigrtion cannot denied a USC the right to file for their step child. The step-child under the age of 18 has the same privliges under a step parent as a bio child has to their USC parent.

You may not like it, but hey this step-parent can file for his step-child. This child will be offered a visa in the immediate family category.

[Tim/Mav 305]

Tim, I didn't say they wouldn't have to explain to immigration why the child was not listed, but immigrtion cannot denied a USC the right to file for their step child. The step-child under the age of 18 has the same privliges under a step parent as a bio child has to their USC parent.

You may not like it, but hey this step-parent can file for his step-child. This child will be offered a visa in the immediate family category.

I hope the best of course.

[Boiler 43,433]

Assuming they have married and the father agrees.

The lie was stupid, but not material.

[t.t.1 1]

thank u all for ur debate, i think i will go for the i 130 route. i guess i did not think this through from the beginning.

[Richards wife 1]

sorry about that .hope u guys sort it out.i have an adopted son and i failed to mention him when we filled the 1-129f i dont know if its too late since am yet to pick up the packets from the consulate.goodluck and cheer up.