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Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Hi!

I/we are newbies to these forums.... very excited to have such a supportive community to help make this seemingly overwhelming process a bit more bearable. :) Thanks in advance!!

My partner and I will be beginning our K1 Visa Journey and I am going to file the I-129F Petition. We currently live together in Costa Rica where we met while I have been living abroad volunteering and working. Already have a question. My partner has a child from a prior relationship (not marriage) but is not involved outside of child support, therefore we would not be electing for the child to come as well. We obviously need to list that child and information on the I-129F, however at this point in time we do not want to move forward to do a K2/3 (or whatever it is called for a child to come as well) and aren't looking for the child to immigrate... only him.

Is this something we have to specifically specify to NOT elect to do? Is this going to cause any issues? Should we be wary about anything as we are completing the forms? How does this work for child support for when he comes to the U.S.? Does everything have to be pre-paid for a certain time frame? I haven't found a lot of information about this so if there are previous threads that I should read through please share the links. :) If you would suggest a use of a lawyer please do let me know. I really want this process to be as smooth as possible.

I'm particularly nervous about him having a dependent delaying the process or causing issues with the visa approval. Any advice and suggestions are most appreciated. Thank you!

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

You list all the children on the I-129F petition. If you will not be applying for a K-2 visa for the child, then you simply will not fill out any forms and apply when the parent applies for their K-1 visa. If asked about the child at the K-1 interview, you just answer about the circumstances and that the child will not be accompanying or following to join.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

You list all the children on the I-129F petition. If you will not be applying for a K-2 visa for the child, then you simply will not fill out any forms and apply when the parent applies for their K-1 visa. If asked about the child at the K-1 interview, you just answer about the circumstances and that the child will not be accompanying or following to join.

Thanks KayDeeCee! That is what I thought, but wanted to confirm.

Does anyone know anything about the child support side of things?

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

What about the child support? He has a child. He pays child support. He should continue to pay child support for his child until they become an adult and no longer need it. I am not sure what you are asking about the child support.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

What about the child support? He has a child. He pays child support. He should continue to pay child support for his child until they become an adult and no longer need it. I am not sure what you are asking about the child support.

Hi KayDeeCee! Sorry for the lack of clarity. Obviously child support will continue to be paid. The question is if there is a certain deposit required in advance for him to get the visa and leave the country. For example, for a tourist visa, it generally requires 6 months to 1 year of child support deposited in advance and this needs to be done prior to the interview (at least so I've heard). Wondering if this also applies for a K1 visa. Anyone know?

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Hi KayDeeCee! Sorry for the lack of clarity. Obviously child support will continue to be paid. The question is if there is a certain deposit required in advance for him to get the visa and leave the country. For example, for a tourist visa, it generally requires 6 months to 1 year of child support deposited in advance and this needs to be done prior to the interview (at least so I've heard). Wondering if this also applies for a K1 visa. Anyone know?

Follow up... it looks like 13 months (12 months + 1 month) is required to be deposited PRIOR to leaving the country for any Costa Rican who is paying child support. We are still trying to confirm if anything else is required, but again, we just want to know WHEN this needs to be done during the beautiful, lovely K1 visa process. We're assuming PRIOR to the interview, but obviously in this process don't want to do anything based on assumption.

If anyone can shed light on this it would be so so appreciated! Really want to try to do this without racking up a big bill working with a lawyer...

Posted

This would be something that is completely country specific so questions like that may be better in your regional forum because you'll get answers from others in your shoes.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Not seeing a Costa Rica specific forum... could you direct me that way?

Costa Rica falls under the Mexico, Latin and South America regional forum and it can be found here > http://www.visajourney.com/forums/forum/96-mexico-latin-south-america/

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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