What should I do?

[melissa-n-alfredo 10]

Ok, here is the dilemna......My fiance has 2 children from a previous relationship. I went by the advice of an attorney and did not list the children on the I129 application. The reason being is that one of the children is not even registered as him being the father. There is another man's name listed as being the father, even though we all know the child is indeed my fiance's. The mother listed someone else, out of spite, thinking it would hurt my fiance when their relationship had ended. She was still pregnant when they went seperate ways. They were never married. However, their oldest daughter IS registered with him being her father. We did not list her on the application either, due to the fact she is over 21, married and has a child of her own which makes her ineligible for a visa in our process. We have just recieved an RFE to send more evidence of proof that we have met within the 2 year requirement. I have more than enough to prove and will be mailing it back very soon, once in order. My question is should I know re-submit a revised I-129 application with the addition of his ineligible children and write a statement as to why that wasn't disclosed on 1st application submitted.......OR do I just wait until the actual interview at Consulate and send my fiance with a statement saying that I am aware of his child(ren) but being they do not qualify for a visa, their info was omitted.....OR do I just not do anything at all, unless specifically requested.......I am lost on this matter.....PLEASE HELP!

[Penguin_ie 5,994]

I would re-submit a I-129 now with a short letter explaining you made a mistake and why.

[melissa-n-alfredo 10]

Would I only list the oldest child, being the other child is not even registered as him being the father? There is another man listed on the youngest child's birth certificate.

[Nagoon 2]

We didn´t add the older kid on the application because he is over 20 years old. I think you did everything right. You did as instructed. Just answer and send what they ask. They asked more proves of you two met in past two years. Send what they ask. If he some days wants his younger kid to come to usa, that should be individual process. Just my opinion. Take one step at the time.

[melissa-n-alfredo 10]

I am just worried if the subject were to come up in the interview and see that I actually wrote "none" in the space asking childrens information, that may cause some red flag, once the information is disclosed. However, on the other hand, I think that the lawyer made a good point. Why would you list personal information of a child that isn't even eligible on the application?.....That is why I followed his professional advice. It was only a consultation, he was not hired to do the process for me. I am doing it alone, with the help of this site and lots of research. But now I am kind of torn as to what I should do, after the fact.

Regardless, having an ineligible child listed or not listed on the application SHOULD NOT affect the decision as to if the fiance (beneficiary) IS eligible/approvable, proves the relationship is valid and meets the requirements. That is only my personal opinion though, but was also the lawyer's interpretation of the matter too. I actually have pictures of me and his children together, to prove that I am well aware of their existance. I have given this much thought. I still don't know what I am going to do. My instincts tell me that it would do more damage sending in a revised 1-129 at this point, besides not even qualifying the children for benefits of a visa (which is clear)..........My instincts tell me to gather the photos where I am with my fiance's children and write a letter to send with my fiance to the interview (just in case) then submit only IF the subject is brought up and questioned by the officer. In my letter, explaining why the children's names/info are not listed in our case, being it is totally useless and irrelevent information. My fiance has no rights to his youngest daughter nor does he have any financial obligations to either child. The oldest is already married and has a child of her own and the youngest is not even registered as to being his child.

I would like more opinions on this, from others too. I want to see what everyone else thinks or would do in this situation. I also want to thank you Nagoon and Penquin_ie, for taking the time to reply on my post and wish you both well in all of your journey.

[KayDeeCee 4,893]

First, the I-129F is not an application for anything. It is simply a petition for you, the USC to file asking for permission for your foreign fiance(e) to apply for a visa. The I-129F does not ask if the children are wishing to get a visa as well. It simply states to list all the foreign fiance(e)'s children, so you should have listed all his legal children, no matter where they live or how old they are. The forms for actually applying for the K-1 visa ask who will be accompanying you, and the DS-156k specifically states to name all unmarried children under the age of 21. You can decide whether or not to list the name of the child that is not legally his. Whoever the father is named on the child's birth certificate is actually the legal father of that child.

You will find several forms throughout your entire immigration process will ask you to name ALL your children, and that is what you do. Always provide the information the form and/or instructions ask you for. Mostly they are pretty straightforward in what information they are wanting from you.

Yes, omitting information can cause you grief down the line. Why bring unnecessary grief upon yourself when it is simple to list the names of children and their addresses on a form?

[melissa-n-alfredo 10]

I completely understand your point and has given me a new perspective. I know that his youngest daughter is not legally his, so no need of mentioning her in any of the process then. However, his oldest daughter, should have been mentioned on the form :/ The only issues of that would be, we do not have all of her personal info. nor do we have her address. The relationship between her and her father (my fiance) has been strained for many years, to say the least..