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t.t.1

help with fiance's son

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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?

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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.



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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..


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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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 by LIFE'SJOURNEY

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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.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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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 by LIFE'SJOURNEY

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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.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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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.

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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.


TIM/MAV K1-JOURNEY
3/27/2007....We first met on myspace
1/30/10 ......My Honey proposed
8/15/10 ......He visit Philippines(2wks) & met my family
12/17/10 ....USCIS received the Filed I-129F for K1-visa
12/21/10 ....Received hard copy,NOA1
5/25/11.......Received RFE
6/09/11.......NOA2 approved
12/07/11.....Visa fee paid at BPI

6/11/13.......2nd visa fee payment
7/10-11/13.. Medical Exam completed@St.Lukes Clinic
1/15-16/14.. 2nd Medical exam updated
1/21/14...... k1 interview-Visa Approved
.....................................................................
8/29/14...... Submitted AOS application
10/03/14.....Biometrics
01/07/15.....Received my EAD card

01/31/15..... I got my SSN from the mail

04/20/15......AOS Interview - Approved :star:

4/24/15 .......Got the Driving Permit Card

4/30/15 .......Green Card Received :) (Exp.4/20/17)

http://youtu.be/BVf45EcdFwQ

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Assuming they have married and the father agrees.

The lie was stupid, but not material.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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