Please Help AOS for child not included in a K1 Visa

[Blopid 0]

Hi everyone.  I am new here, but not new to the K1 visa process.  I sponsored my fiancee for a K1 visa and we have gone through the whole process.  As of Feb 1, 2017, she was approved for her visa after her interview.  We are waiting for her to get her visa in her hand so she can come to the US.  We intend to get married as soon as possible and then apply for AOS immediately after that.  Here is my question.  She has a 6 year old child.  He was not included in the K1 process because we are not ready for him to come quite yet.  However, within 6 months to a year, we intend to bring him here.   Here is the question.  When we apply for AOS for my fiancee, can we also apply at the same time for her son as even if he is not here?  Please let me know and I thank you all in advance. 

[s + j 71]

He was put on the I-129F form though, correct?

[Blopid 0]

No, he was not included because we are not prepared to bring him here now.  Were going to bring him later, 6 months to a year...

 

[s + j 71]

4 minutes ago, Blopid said:

No, he was not included because we are not prepared to bring him here now.  Were going to bring him later, 6 months to a year...

 

Did your fiancé get any questions about children at her interview?

[Transborderwife 4,666]

It'll take longer than that.  You'll have to file an ir2 for him.

[Ontarkie 13,915]

Even if you weren't bringing the child with her at the time. The forms clearly state list all children. 

 

And no even if he was listed you could not do AOS for him as he never got a visa has not entered the US.

[s + j 71]

This is part of I-129F. You'll face hardships to bring him here if you told USCIS that she has no kids, and the embassy as well. Please, please for future references ALWAYS double check online before submitting government papers. Heck call USCIS even if you're unsure! But don't lie, intentionally or unintentionally. It'll cause more trouble than it's worth.

Edited February 6, 2017 by s + j

[Unlockable 7,306]

You were suppose to list your children even if there were not immigrating at the time.

 

Now they are going to wonder where these children popped up from that you want to immigrate.

[f f 725]

misrepresentation? I know that you are not getting a benefit from it but you have omitted some pretty significant facts about your life. if you get a officer that checks your i129f for the child's ir2 you may have issues.

 

I would suggest contacting the embassy immediately and mabye hold off coming to the us till it is resolved just so they update all of thier documents before you use the visa.

 

also be prepared to get a certified copy of the children's birth certificate since the embassy will need that.

[Blopid 0]

Hi all, and thank you so much for your comments.  To clear it up, yes, we absolutely did list her son from the beginning in all the forms.  There is no problem there...  And yes, they did ask her at the interview if her son was going to go to the US at a later date...  She said yes...  So if I understand correctly, we have to file for a IR2 Visa? Is that right?  

[Transborderwife 4,666]

Just now, Blopid said:

Hi all, and thank you so much for your comments.  To clear it up, yes, we absolutely did list her son from the beginning in all the forms.  There is no problem there...  And yes, they did ask her at the interview if her son was going to go to the US at a later date...  She said yes...  So if I understand correctly, we have to file for a IR2 Visa? Is that right?  

Yes.  It'll take roughly a year 

[f f 725]

8 minutes ago, Blopid said:

To clear it up, yes, we absolutely did list her son from the beginning in all the forms.

 

1 hour ago, Blopid said:

No, he was not included because we are not prepared to bring him here now.  Were going to bring him later, 6 months to a year...

 

 

which is correct since these two statements of yours both can not be true?

[Blopid 0]

My apologies, what I meant by "we didn't include him" was that we didn't request a visa for him.   We did however, include him in the paperwork as far as him being her son.  We presented his birth certificate as well.  Sorry for the confusion, I didn't explain it correctly in the beginning...

[s + j 71]

I thought you could file a K-2 up to a year after?

[Unlockable 7,306]

If you did include the child then it is simply a K2.