can a K2 visa be processed at the same time as the K1?

[msamulski 0]

I will try to search for other member-postings on this, but I would appreciate any feedback offered.

We were going to leave my fiancée's 8 year old child with her family for 3 - 6 months while she and I got married and more settled, but now we are realizing that it might be best to just go ahead and get everyone settled all at once.

Can the K2 Visa for her child be granted at the same time my fiancée is approved for her K1 Visa? Can her child travel with her and accompany her during her K1 entry to the USA?

Thanks

[Gary and Alla 3,694]

I will try to search for other member-postings on this, but I would appreciate any feedback offered.

We were going to leave my fiancée's 8 year old child with her family for 3 - 6 months while she and I got married and more settled, but now we are realizing that it might be best to just go ahead and get everyone settled all at once.

Can the K2 Visa for her child be granted at the same time my fiancée is approved for her K1 Visa? Can her child travel with her and accompany her during her K1 entry to the USA?

Thanks

Yes and yes and I highly recommend it, especially with an 8 year old. This is going to be hard enough for your wife without owrrying about her 8 year old half a world away

We have two sons, one came with Alla (age 13 at that time) the other stayed until his school year was over (age 18 at that time)

All parts of the process can be done together, visas, AOS and removal of conditions as well as citizenship. Our younger son received every benefit at the same time as Alla

[Sayha or bust. 71]

Gary's right, do the k2 at the same time as your fiancee she will be a lot happier in the long run and so will the child. At his age he will learn English quick and both make their transitions easier to the culture shock. Best of Luck.

[msamulski 0]

I read that the child will not need a passport, but I also read that permission from the other parent is a K2 prerequisite. Gaining his permission might be difficult. She never married the father. He oppresses her at every opportunity, and even though he doesn't help provide for this child, he will likely obstruct my fiancée's desires in this matter.

[Sayha or bust. 71]

I read that the child will not need a passport, but I also read that permission from the other parent is a K2 prerequisite. Gaining his permission might be difficult. She never married the father. He oppresses her at every opportunity, and even though he doesn't help provide for this child, he will likely obstruct my fiancée's desires in this matter.

The father will have to consent,my fiancee 1st husband passed away so I didn't have to deal with it.. As far as the passport not sure, my step kids were 13 and 15 when they arrived. Hopefully your fiancee can convince the father his child will get the best education and possibly set up a time later on to have his child visit him when he gets older. Is the father on the official Birth certificate? Might have a bearing on the consent if he's not.

[msamulski 0]

The father will have to consent,my fiancee 1st husband passed away so I didn't have to deal with it.. As far as the passport not sure, my step kids were 13 and 15 when they arrived. Hopefully your fiancee can convince the father his child will get the best education and possibly set up a time later on to have his child visit him when he gets older. Is the father on the official Birth certificate? Might have a bearing on the consent if he's not.

thank you Sayha. Yes, the father's Surname is on the child's birth certificate. This might be a real problem because he doesn't want my fiancée to be happy.

He still wants her.

[Gary and Alla 3,694]

I read that the child will not need a passport, but I also read that permission from the other parent is a K2 prerequisite. Gaining his permission might be difficult. She never married the father. He oppresses her at every opportunity, and even though he doesn't help provide for this child, he will likely obstruct my fiancée's desires in this matter.

All consulate/country specific. The parent letter is required in Ukraine, and in Ukraine they do not issue international passports to children under age 18, they have to be listed in the parents passport. We did both BEFORE we filed the I-129f petition. Check in the PI forum for specifics of what is required for Manilla.

[Gary and Alla 3,694]

thank you Sayha. Yes, the father's Surname is on the child's birth certificate. This might be a real problem because he doesn't want my fiancée to be happy.

He still wants her.

Bribery is usaully the fastest cheapest method to obtain a signature. That is what we did. Waive all past, present and future child support (which would never be paid anyway) in return for the signature. Worked for us. In countries such as PI it is usually remarkably cheap.

get this done BEFORE you file the petition. You simply cannot, in good faith, proceed down this road until the interests of the children are protected.

[msamulski 0]

Bribery is usaully the fastest cheapest method to obtain a signature. That is what we did. Waive all past, present and future child support (which would never be paid anyway) in return for the signature. Worked for us. In countries such as PI it is usually remarkably cheap.

get this done BEFORE you file the petition. You simply cannot, in good faith, proceed down this road until the interests of the children are protected.

Gary, he has never paid a dime of child support in the past. Is there a legally binding law in the Philippines that requires an unmarried father to support his children? If there such a law, and if it can be upheld, then maybe the thought of his waiving this responsibility in the future could carry some weight.

We filed the I-129F 6 months ago. I didn't consider this to be an issue since he has been so TOTALLY uninvolved with the child.

Edited February 3, 2013 by msamulski

[mik2012 17]

as long as you know who the father is, then you need the consent of that individual. Unless he has died or you have a court order or something already in writing.......

Edited February 4, 2013 by mik2012

[Gary and Alla 3,694]

Gary, he has never paid a dime of child support in the past. Is there a legally binding law in the Philippines that requires an unmarried father to support his children? If there such a law, and if it can be upheld, then maybe the thought of his waiving this responsibility in the future could carry some weight.

We filed the I-129F 6 months ago. I didn't consider this to be an issue since he has been so TOTALLY uninvolved with the child.

I am not sure about PI law, simply stating what we did as a possibility. I have read that if they were unmarried then she does not need his permission to remove the child...again, PI law. Check in the PI regional forum

[Gary and Alla 3,694]

Gary, he has never paid a dime of child support in the past. Is there a legally binding law in the Philippines that requires an unmarried father to support his children? If there such a law, and if it can be upheld, then maybe the thought of his waiving this responsibility in the future could carry some weight.

We filed the I-129F 6 months ago. I didn't consider this to be an issue since he has been so TOTALLY uninvolved with the child.

I am going to say some things for the benefit of others here. When children are involved you need to be sure of what you are doing. The law of the country your fiancee is from is the issue, not whether the father has been involved. Alla's ex was AWOL from father duties for years, you could say "always" but the law in Ukraine requires his consent OR a court order. For us it was cheaper and easier to "bribe" him with something we never had anyway. This was done and signed before the petition was filed. Alla simply would not even start down this road without assuring the children were going with her. I do not blame her and frankly would not have been interested in her as a wife if she had even considered leaving a minor child behind. I can tell you she would not consider me husband/father material if I did not put the children first and make SURE their immigration process went very smoothly.

This is a difficult enough process without the issues of leaving a child behind. Personally I feel that increases the chances of your marriage failing 10 fold at least

I have read here that PI law gives no rights to the father of a child born out of wedlock...check to make sure that is correct. This could be a non-issue for you

In order for the mother and child to have the visas processed together you are going to need whatever permission you need (if any) before you go to the visa interview

Good luck. If PI women are anything like FSU women (former Soviet Union) then being a good father and caring for the children earns you 10 times the "points" of caring for the woman. Children are a blessing and make our life so much more interesting and, well, busy. I wouldn't trade it for a million dollars

[reginaglenn 25]

My only 12 year old kid(boy) will go with me,.. i will have to get a passport for him next week. Everyone would always recommend to bring the child if possible. Of course, for the mother's complete happiness ,.. My annulment papers states, the custody of the child is mine, so i guess i don't need any letter from my ex husband, i hope so,.

Edited February 4, 2013 by reginaglenn

[louiep 7]

Gary, he has never paid a dime of child support in the past. Is there a legally binding law in the Philippines that requires an unmarried father to support his children? If there such a law, and if it can be upheld, then maybe the thought of his waiving this responsibility in the future could carry some weight.

We filed the I-129F 6 months ago. I didn't consider this to be an issue since he has been so TOTALLY uninvolved with the child.

weather your doing a k-1 or cr-1 it doesnt matter about the children who are involved as long as the mother was never married to the father and the children are under 21yrs old under phil law and us immigration law they will be allowed to immigrate with mom as she has full rights n full custody under both you do not need the bioological fathers permission for anything period,even if his surname is on the childs passport it will not matter at all,all the way through the whole process including the interview!i would file for the child at the same time by having you and your fiancee put the childs name n info on the k-1 petition,they will automatically make the child a k-2 and process the petition as both they should have their medicals done together and they will be at the interview together you have the childs birth certificate from the nso get the child a passport before medical n interview which you can do and your good to go as long as you have the rest of the normal required documents theres no worries!!!!! any further questions happy to help

[killmewidursmile 0]

I will try to search for other member-postings on this, but I would appreciate any feedback offered.

We were going to leave my fiancée's 8 year old child with her family for 3 - 6 months while she and I got married and more settled, but now we are realizing that it might be best to just go ahead and get everyone settled all at once.

Can the K2 Visa for her child be granted at the same time my fiancée is approved for her K1 Visa? Can her child travel with her and accompany her during her K1 entry to the USA?

Thanks

I suggest if the bio-father trying to ruin her life & possible to use thier kid...( like my x -doing to me)better to secret all the steps u starting now ( visa process) to avoid the custody battle ( if bio-father claim it) just to hassle ur fiancee,although the child is illegitimate & using the father surname , mother has the right ....if ever theres a custody battle child will be on WATCHLIST (cant leave the country) ,& has the right to choose w/c parent he/she'd like to be with.

I relate with the situation of ur fiancee about her x, so i did all researchs, readings, asking opinions etc. about obtaining father consent.