Fiance child on K1?

[Amber Kay 14]

I am full of questions today

 

I hope you can help. My fiance and I filed a K1 back in December. I did list his 14 year old daughter on there as it asked for any of his children. She wants to come here and live as they are very close. If she is listed, does that automatically approve her too when he is approved? Or do I specifically have to petition her separately?

[Unlockable 7,306]

15 minutes ago, Amber Kay said:

I am full of questions today

 

I hope you can help. My fiance and I filed a K1 back in December. I did list his 14 year old daughter on there as it asked for any of his children. She wants to come here and live as they are very close. If she is listed, does that automatically approve her too when he is approved? Or do I specifically have to petition her separately?

Nothing is automatic in immigration. What will happen is she will be a K2. And she will need to be interviewed also (as well as medical, etc).

 

Also, you should look at getting permission to immigrate from the mother of his daughter.

[Ash.1101 1,755]

Where are y’all in the process? Are you waiting for the I-129f to be approved?

 

your fiancé will need to make sure they have documentation showing they have full custody/parental permission of the daughter before she can immigrate.

Edited April 25, 2019 by Ash.1101

[Amber Kay 14]

Just now, Unlockable said:

Nothing is automatic in immigration. What will happen is she will be a K2. And she will need to be interviewed also (as well as medical, etc).

 

Also, you should look at getting permission to immigrate from the mother of his daughter.

Okay. Will I have to make a new petition? And getting permission, like through the courts? 

[Mimicherie 142]

I’m not 100% sure and please correct me anyone if I’m wrong, but I believe if they were listed in the petition and has a case number created at the embassy then you would have that child complete the DS160, pay the visa fee, book an interview appt on USTraveldocs, & have the child complete a medical exam. 

 

You don’t have to re-petition if it’s within the year time frame they give you. The child would just complete the end steps your fiancé did when NVC sent the case over to the embassy. As far as what evidence is needed I want to know as well cause I’ll be doing this same thing with my stepson at the end of this year.

Edited April 25, 2019 by gsdc23

[Amber Kay 14]

3 minutes ago, Ash.1101 said:

Where are y’all in the process? Are you waiting for the I-129f to be approved?

 

your fiancé will need to make sure they have documentation showing they have full custody/parental permission of the daughter before she can immigrate.

We are waiting for the NOA2, which should be any day now.

[Unlockable 7,306]

3 minutes ago, Amber Kay said:

Okay. Will I have to make a new petition? And getting permission, like through the courts? 

Written permission from the mother. Unless there is a court order that says otherwise.

[Pitaya 2,576]

The I-129F petition part of the process is for vetting of the USC. The next part of the process, is at the foreign fiance's interviewing embassy. It is at that portion that the K2 visa for the child comes up. Here is a DOS site link that should give you more information on the K2 process:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

When we were going for our K1/K2 visas, my wife had sole custody of her son. I still suggested that she get a notarized statement from the boy's father, stating his allowing his son to immigrate with his mother to the US. We likely didn't need it, but you never know. If there are any custody issues at all, the US government is not likely to get involved in an international custody battle, but will likely deny the K2 visa. Follow the lead of the interviewing embassy/consulate regarding the K2 requirements.

 

Down the road during the AOS phase, this guide: https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

and the thread at the top of the K1/K3 AOS forum will be helpful.

 

Good luck on you immigration journey.

[Amber Kay 14]

36 minutes ago, Pitaya said:

The I-129F petition part of the process is for vetting of the USC. The next part of the process, is at the foreign fiance's interviewing embassy. It is at that portion that the K2 visa for the child comes up. Here is a DOS site link that should give you more information on the K2 process:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

When we were going for our K1/K2 visas, my wife had sole custody of her son. I still suggested that she get a notarized statement from the boy's father, stating his allowing his son to immigrate with his mother to the US. We likely didn't need it, but you never know. If there are any custody issues at all, the US government is not likely to get involved in an international custody battle, but will likely deny the K2 visa. Follow the lead of the interviewing embassy/consulate regarding the K2 requirements.

 

Down the road during the AOS phase, this guide: https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

and the thread at the top of the K1/K3 AOS forum will be helpful.

 

Good luck on you immigration journey.

Thank you so much!

[Zoltan K 86]

20 hours ago, Amber Kay said:

Okay. Will I have to make a new petition? And getting permission, like through the courts? 

not needed a new petition, the one you submitted for the K1 will be enough, as I understand you already listed the girl there.

She will derive her K2 from the K1 beneficiary.

 

regarding the sole custody: I've paid a lawyer, who petitioned at the court and the court issued a document that the Mother has the sole and full custody of the children.

This is one option, or the other option is to have the other parent sign a statement (guidelines through your local embassy's instruction) that she is giving her permission to take the child out. I yet to see a parent who will sign this....unless they accept a big payment.

 

Each country's law is different...you can decide which route is needed in your case.

[Pitaya 2,576]

6 hours ago, Zoltan K said:

not needed a new petition, the one you submitted for the K1 will be enough, as I understand you already listed the girl there.

She will derive her K2 from the K1 beneficiary.

 

regarding the sole custody: I've paid a lawyer, who petitioned at the court and the court issued a document that the Mother has the sole and full custody of the children.

This is one option, or the other option is to have the other parent sign a statement (guidelines through your local embassy's instruction) that she is giving her permission to take the child out. I yet to see a parent who will sign this....unless they accept a big payment.

 

Each country's law is different...you can decide which route is needed in your case.

Well I guess we were pretty fortunate. My wife crafted a statement to the effect:

 

I, (name of parent), the father of (name of child) give my permission for my son to immigrate to the United States of America with his mother. Dated, Signed, Notarized

 

She did not have to give her ex-husband any compensation to complete the letter. This letter was executed in front of a Chinese Notary Public, Liaoning Province, People's Republic of China. A Notarial Certificate "White Book" very common in China, was the prepared document format. In that format, the first page is all in Mandarin detailing the event/statement, complete with stamps and seals affixed, the second page is an English translation of the first page. The third page is again in Mandarin, with official stamps and seals affixed. The fourth page is an English translation of the previous page, stating that the previous affixed English translation is in conformity with the Chinese original. The name and address of the notary is given. All of these pages are sealed together between a slick sheet of white paper as a booklet, hence the term "White Book."  The US Consulate in Guangzhou accepted the Notarial Certificate  during their visa interview without issue. YMMV. The "White Book" format is a type of document specific to China.  It is unlikely that Jamaica has a similar style document.YMMV. Check with the interviewing Jamaican consulate/embassy for specific details.

 

Good luck.

[He and I 66]

On 4/25/2019 at 3:41 AM, Unlockable said:

Written permission from the mother. Unless there is a court order that says otherwise.

I agree : you'll need a letter of consent, and this one should be notarized, with a notarized copy of mother's passport. I did it last Tuesday with the father of my daughter. Please feel free to contact me if you need some example.

[JasonGG 268]

Since you listed your fiance's daughter on the I-129F, the NVC and consulate will prepare for both.  My wife's son did not initially plan to come to the U.S., but we still listed him on the I-129F.  He was assigned a case number just as my wife and her daughter and was included on the consulate interview invitation.  At the interview,  my wife said her son was not coming to the U.S., so they set his file aside.  We were lucky that they handled it this way, because he changed his mind days before we left.  He was able to "follow to join" 6 months later.

 

Once you have the case number for your fiance from NVC, you can track the progress online.  You will notice that the K2 case number is "attached" to the K1.  As noted, the K2 is not guaranteed because it is based on the K1.  However, if your fiance is approved, her daughter's K2 will be approved . . . assuming the medical exam is OK and required documents are provided.

 

For my wife's son, we got a notarized letter from his father acknowledging that his ex-wife and son were immigrating to the U.S. and he gave his permission for his son to leave the country.  Get 2 copies of this letter.  The embassy will need one copy and if they do not return it, you may need the second at the airport when you leave.  In Vietnam, the airline asked for this letter and his birth certificate, and passport.

 

Good Luck! - Jason

[Pitaya 2,576]

13 minutes ago, JasonGG said:

 

 

For my wife's son, we got a notarized letter from his father acknowledging that his ex-wife and son were immigrating to the U.S. and he gave his permission for his son to leave the country.  Get 2 copies of this letter.  The embassy will need one copy and if they do not return it, you may need the second at the airport when you leave.  In Vietnam, the airline asked for this letter and his birth certificate, and passport.

 

Good Luck! - Jason

It would certainly be prudent to get several certified copies of this important consent document at that time. Getting such a document later could be very hard if not impossible to obtain in the future.

[Amber Kay 14]

21 minutes ago, JasonGG said:

Since you listed your fiance's daughter on the I-129F, the NVC and consulate will prepare for both.  My wife's son did not initially plan to come to the U.S., but we still listed him on the I-129F.  He was assigned a case number just as my wife and her daughter and was included on the consulate interview invitation.  At the interview,  my wife said her son was not coming to the U.S., so they set his file aside.  We were lucky that they handled it this way, because he changed his mind days before we left.  He was able to "follow to join" 6 months later.

 

Once you have the case number for your fiance from NVC, you can track the progress online.  You will notice that the K2 case number is "attached" to the K1.  As noted, the K2 is not guaranteed because it is based on the K1.  However, if your fiance is approved, her daughter's K2 will be approved . . . assuming the medical exam is OK and required documents are provided.

 

For my wife's son, we got a notarized letter from his father acknowledging that his ex-wife and son were immigrating to the U.S. and he gave his permission for his son to leave the country.  Get 2 copies of this letter.  The embassy will need one copy and if they do not return it, you may need the second at the airport when you leave.  In Vietnam, the airline asked for this letter and his birth certificate, and passport.

 

Good Luck! - Jason

Thanks Jason!