K1 with Child

[Sweet28 0]

I just wanna ask,when my Fiancé file k1, does my son automatically apply for K2? What if we decided that my son will be follow when he turn 5 yrs old (he still 2yrs old right now) or what is the best way to do? Thanks

[Pitaya 2,577]

Welcome to the forum.

Take a look at the DOS Nonimmigrant K-1 Visa FAQs for more information about K-2 visa process: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#15

Good luck on your visa journey.

[baron555 934]

I just wanna ask,when my Fiancé file k1, does my son automatically apply for K2? What if we decided that my son will be follow when he turn 5 yrs old (he still 2yrs old right now) or what is the best way to do? Thanks

ON the 129f form and the G-325A form you list ALL of your children.

Then when one of you completed the D-160 online form, you will list which of your children you wish to receive a K-2 visa. Then you pay for their medical along with yours and the visa fee along with yours and they will accompany you to your interview if they are coming with you. If they are to join you later, they will do their medical and interview prior to their select date to travel (which must be within one year of your K-1 visa issuance).

[doug/sherry 26]

One thing you should keep in mind, and something you should check into is that

it might require a letter from the father for your son to leave the country. I have a

friend here that had a son and she was getting to leave the country and found

out that they needed permission from the father in writing for the boy to leave the

country. So, they had to find the father, get his written permission and he was

allowed to leave. That was 10 years ago, I don't know if thats changed or not.

Good Luck!

[baron555 934]

it might require a letter from the father for your son to leave the country. I

Not might be required....it IS required. Notarized letter granting permission to permanently reside in the US and to return to the Phils to visit and then return again to the US>

[Leatherneck 693]

In the Philippines -- if the child is illegitimate, then no permission is needed from the father. If you wait until the child turns 5 years old, your (your now fiance) husband would submit an I-130 Petition.

[phd1974 17]

Yes, if you are going to wait a couple of years until the child turns 5, then you would expire out of the timeframe to get the K2 Visa along with the K1 visa and you would need to file an I130 petition at that time.

[Hank_ 9,174]

One thing you should keep in mind, and something you should check into is that

it might require a letter from the father for your son to leave the country. I have a

friend here that had a son and she was getting to leave the country and found

out that they needed permission from the father in writing for the boy to leave the

country. So, they had to find the father, get his written permission and he was

allowed to leave. That was 10 years ago, I don't know if thats changed or not.

Good Luck!

Mother has sole custody of the child unless there is a court document specifically stating otherwise. Nothing is needed from the father.

[Hank_ 9,174]

I just wanna ask,when my Fiancé file k1, does my son automatically apply for K2? What if we decided that my son will be follow when he turn 5 yrs old (he still 2yrs old right now) or what is the best way to do? Thanks

Your son has to be listed on the I-129F petition, once that is approved and you are ready to apply for the visa in Manila you do not have to complete the K2 application if you decide not to. You will have one year from the issuance of your visa to complete the issuance of your son's visa if you want to use the original I-129F petition validity. If you decide to wait 3 years then you will have to start the process with an I-130 immigration petition and visa.

http://www.visajourney.com/forums/forum/129-philippines/

[sassyseawitch 1]

We listed her illegitimate son, age 2, on the I-129F, and also on the DS-160 app for the interview.

Nor permission needed from father.

We paid for his own visa at the bank at the same time as Hiedy's.

We decided he will not follow, but come with her to America.

He must be at the interview with her, have his own medical, and his visa must be brought to the CFO seminar, although he does not have to attend.

It is soooo much easier this way than to have him follow within 2 years, and have to file something else.

Edited May 28, 2014 by sassyseawitch