Visa for kids

[Irishlove 1]

My fiancé will include my children in the I-129F form that he will pass to the USCIS. Should I apply for a DS-160 visa for them too as we are planning to get them 2-3 years after we settle everything out in the US (in God’s will). Or should we apply for a new petition for them when we adjusted our status? Thanks in advance 

[John & Rose 7,237]

16 minutes ago, Irishlove said:

My fiancé will include my children in the I-129F form that he will pass to the USCIS. Should I apply for a DS-160 visa for them too as we are planning to get them 2-3 years after we settle everything out in the US (in God’s will). Or should we apply for a new petition for them when we adjusted our status? Thanks in advance 

We need a little more information since there are age limitations.  If they will not follow within a year they should not be included as derivatives.  Since in 2 to 3 years you will be an LPR or even heading towards citizenship, you would petition them as an IR direct relative.  They have to meet the age requirements but I believe the K-2 is required to follow within a year.

[geowrian 22,335]

19 minutes ago, Irishlove said:

My fiancé will include my children in the I-129F form that he will pass to the USCIS.

Yes, as is required to list all children.

 

19 minutes ago, Irishlove said:

Should I apply for a DS-160 visa for them too as we are planning to get them 2-3 years after we settle everything out in the US (in God’s will). Or should we apply for a new petition for them when we adjusted our status?

There is no way for them to use the same I-129F 2-3 years later. Follow to Join (FTJ) only permits a K-2 visa for up to 1 year from when the original K-1 is issued.

They will need separate I-130s to join in that timeframe.

 

How old are the children right now? This determines who should file the I-130s and how long it will take.

[geowrian 22,335]

1 minute ago, John & Rose said:

Since in 2 to 3 years you will be an LPR or even heading towards citizenship, you would petition them as an IR direct relative.

Their spouse may be able to petition them still (depends how old they are when they marry), which would likely take considerably less time than the immigrant doing so.

[John & Rose 7,237]

1 minute ago, geowrian said:

Their spouse may be able to petition them still (depends how old they are when they marry), which would likely take considerably less time than the immigrant doing so.

Would they be new petitions since it is so far removed from the K-1 submittal?  If it is 2 to 3 years after the successful K-1 they would no longer be considered derivative (depending on age), correct?

[Irishlove 1]

5 minutes ago, John & Rose said:

We need a little more information since there are age limitations.  If they will not follow within a year they should not be included as derivatives.  Since in 2 to 3 years you will be an LPR or even heading towards citizenship, you would petition them as an IR direct relative.  They have to meet the age requirements but I believe the K-2 is required to follow within a year.

They’re 9 and 4. We really do want them to follow within a year but I realized that there’s still a lot of time for them and we need to adjust a lot of things too to start our family.

[geowrian 22,335]

Just now, John & Rose said:

Would they be new petitions since it is so far removed from the K-1 submittal?  If it is 2 to 3 years after the successful K-1 they would no longer be considered derivative (depending on age), correct?

Yup, 2 I-130s would be needed wither way.

FTJ is only valid for up to 1 from the date the K-1 is issued, so they can't use the exiosting I-129F petition.

[Irishlove 1]

8 minutes ago, geowrian said:

Yes, as is required to list all children.

 

There is no way for them to use the same I-129F 2-3 years later. Follow to Join (FTJ) only permits a K-2 visa for up to 1 year from when the original K-1 is issued.

They will need separate I-130s to join in that timeframe.

 

How old are the children right now? This determines who should file the I-130s and how long it will take.

They’re 9 years old and 4 years old

[Irishlove 1]

2 minutes ago, geowrian said:

Yup, 2 I-130s would be needed wither way.

FTJ is only valid for up to 1 from the date the K-1 is issued, so they can't use the exiosting I-129F petition.

So when I apply for a DS-160 visa in the embassy its gonna be only mine right? Even they are on the I-129F petition?

[John & Rose 7,237]

Just now, geowrian said:

Yup, 2 I-130s would be needed wither way.

FTJ is only valid for up to 1 from the date the K-1 is issued, so they can't use the exiosting I-129F petition.

In that case, I just want the OP to know that filing for them now as derivatives will save them over a thousand dollars later.  @Irishlove, if you can add them as derivatives now, there is no additional cost for the I-129f.  If you wait you will need separate petitions and fees later.  Just a heads up for you.  They can be added now but they would need to follow within a year.  

[geowrian 22,335]

1 minute ago, Irishlove said:

They’re 9 years old and 4 years old

Great. So they can be petitioned by the USC still. He/She will file an I-130 for each stepchild after marrying. ETA: ~12-16 months currently (could change in 2-3 years). So you have an idea of when to file the I-130s.

[John & Rose 7,237]

Just now, Irishlove said:

So when I apply for a DS-160 visa in the embassy its gonna be only mine right? Even they are on the I-129F petition?

Yes.  If they are not K-2s you would only need a DS-160 for you.

[geowrian 22,335]

Just now, Irishlove said:

So when I apply for a DS-160 visa in the embassy its gonna be only mine right? Even they are on the I-129F petition?

Correct.

The I-129F just asks for all children so they need to be listed even if they aren't immigrating. You just won't do a DS-160 for them.

 

1 minute ago, John & Rose said:

In that case, I just want the OP to know that filing for them now as derivatives will save them over a thousand dollars later.  @Irishlove, if you can add them as derivatives now, there is no additional cost for the I-129f.  If you wait you will need separate petitions and fees later.  Just a heads up for you.  They can be added now but they would need to follow within a year.  

They will need separate I-130s either way, so there's no cost difference (unless they were to immigrate within 1 year of the K-1 being issued....then there's slight cost savings but only a couple hundred dollars or so).

[Irishlove 1]

1 minute ago, John & Rose said:

Yes.  If they are not K-2s you would only need a DS-160 for you.

 

1 minute ago, John & Rose said:

Yes.  If they are not K-2s you would only need a DS-160 for you.

Thanks a lot. Appreciate it🙏

[Irishlove 1]

1 minute ago, geowrian said:

Correct.

The I-129F just asks for all children so they need to be listed even if they aren't immigrating. You just won't do a DS-160 for them.

 

They will need separate I-130s either way, so there's no cost difference (unless they were to immigrate within 1 year of the K-1 being issued....then there's slight cost savings but only a couple hundred dollars or so).

Thanks a lot. Its now all clear. Highly appreciate it. 🙏🙏