K1 visa and immigrant's childern

[Jenni1028 1]

Hello. My fiancee has two children that live with their mother in the Philippines and don't plan on immigrating to the US at this time. Do we still put them on the I-129 F and are they able to immigrate at a later time if they choose to?

Thank you

Jenni

[aaron2020 11,651]

Yes, you need to list the children on the I-129f.  The question ask about all children.  It doesn't ask if they are intending to immigrate or not.  So, you list them.

How old are they?  

[Jenni1028 1]

One is 16 and one is 3.

[aaron2020 11,651]

6 minutes ago, Jenni1028 said:

One is 16 and one is 3.

They can immigrate on K-2 visas.  K-2 visas are available up to 1 year after your fiance gets his K-1.  This process would require you to file to adjust their status once they are in the US in order for them to get green cards.

 

Alternatively, you can file I-130s for them as the USC stepparent at any time as long as you stay married to their dad.  Upon entry into the US, they would automatically get green cards.

Edited January 20, 2019 by aaron2020

[Jenni1028 1]

Thank you so much Aaron.

[icanbenobody 187]

24 minutes ago, Jenni1028 said:

Hello. My fiancee has two children that live with their mother in the Philippines and don't plan on immigrating to the US at this time. Do we still put them on the I-129 F and are they able to immigrate at a later time if they choose to?

Thank you

Jenni

They can be follow to join as k2 but.make sure to list them and and filled the area where it ask "if they are coming to the US with the parent or they gonna be follow to join.

[HP+IC 292]

2 hours ago, icanbenobody said:

They can be follow to join as k2 but.make sure to list them and and filled the area where it ask "if they are coming to the US with the parent or they gonna be follow to join.

There is no question like that on I-129F. It simply asks to list all beneficiary's children. Immigrating children and their relationship to beneficiary comes into the picture when a K2 applicant child files their DS-160 and gets their interview together with their K1 parent or does the same after their parent has been approved at the embassy. Ah, yes, and I-134 which you may have referred to. Definitely not I-129F

Edited January 20, 2019 by HP+IC