Dependants - Affidavit of Support (different question)

[K1applicant 12]

I've already asked a similar question on this subject but this one is different. My fiance has two children from a previous relationship and although he only claims one on his taxes (she claims the other because they share 50/50) I have been advised that we need to list BOTH children as dependents on the Affidavit of Support so that's been answered. I am currently pregnant and therefore answered NO to the question on the I-129F form "does your beneficiary have any children?". I'm wondering if by the time we have to fill out the Affidavit of Support and she has been born (highly likely I'm guessing since my baby will be born in 6 weeks and I doubt we'll have to fill out the affidavit before but I don't know? we haven't even filed yet I'm still making sure the I-129F package is perfect) if we need to then list THREE dependents? Thank you.

[geowrian 22,335]

List the children as of the time the form is presented. If the child is not yet born by the time of the interview (which is when the I-134 is presented), then the child should not be listed.

 

If you haven't even filed the I-129F yet and you're expecting in ~6 weeks, then this is almost certainly a moot point. From I-129F filing to interview is taking 6-8 months on average (with 4-5 months for the NOA2 alone).

[K1applicant 12]

Just now, geowrian said:

List the children as of the time the form is presented. If the child is not yet born by the time of the interview (which is when the I-134 is presented), then the child should not be listed.

 

If you haven't even filed the I-129F yet and you're expecting in ~6 weeks, then this is almost certainly a moot point. From I-129F filing to interview is taking 6-8 months on average (with 4-5 months for the NOA2 alone).

A lot of the people on here are actually saying that they've been getting through the process relatively quickly (some around three months even) and on USCIS website it says current processing times for K1 visas are 5-6 months so I'm not sure where you got 6-8 from? Was that your personal experience? 

 

And is what you're saying that if she's born then we list three and if I'm still pregnant then list two? That wasn't clear to me. 

[geowrian 22,335]

39 minutes ago, CanadianMomtobe said:

A lot of the people on here are actually saying that they've been getting through the process relatively quickly (some around three months even) and on USCIS website it says current processing times for K1 visas are 5-6 months so I'm not sure where you got 6-8 from? Was that your personal experience? 

 

And is what you're saying that if she's born then we list three and if I'm still pregnant then list two? That wasn't clear to me. 

My personal experience is in my timeline (in my signature and profile). Processing slowed down considerably around late Oct. 2016 (or more precisely, lots of petitions were filed from then onward). This backlog has increased over the months to the point where the NOA2 is taking 3-4 months on average (with 4 months becoming increasingly more common). Keep in mind the I-129F is only the first step....then about a month to go to NVC then to the embassy. Then the time varies heavily from embassy, but typically 1-2 months is common. So getting the visa within 6 months is optimistic (no RFEs, no background check delays, no 221g at the interview, etc.). It's possible, but not the norm right now.

 

What page precisely are you referring to for processing times of a K-1 from USCIS? USCIS doesn't issue visas, so they cannot give a timeline on the entire process. They can only give the timeline of petitions that they adjudicate. The I-129F is considered within their normal processing times for 5 months (although I've seen reports of them telling others they needed to wait 6 months).

 

Correct. If she is born then she should be listed as his dependent on the I-134. I'm assuming the father is the USC here, but I think that was implied.

Edited September 5, 2017 by geowrian