My Fiancé is estranged with his daughter. Should he file this as his children?

[Shanna20 0]

Hello! My fiance (26) and I (25) are planning to apply for a k1 visa this coming December. We’ve been together for 2 years now and seen each other twice in a year and he stays with me for a month before going back to the United States. 

 

He’s never been married and so have I. Although when he was 21, he got his ex pregnant. He’s 26 now, the child is living with her mother who is also married to a different man, and my fiance only saw his daughter once when she was about a month old. My fiance and his ex still keep in touch due to the fact he sends money for his daughter for support, even though they are estranged since he said it is the right thing to do. Long story short, my fiance’s ex took the child away from him and does not want him to have a relationship with his child years ago.

 

My question is this. My fiance doesnt even lists his daughter as his dependent since he is estranged from his daughter. Will the embassy or the consulate still needs to know if he has a daughter even though there is no relationship between them to begin with? 

 

Any help would be appreciated. Thank you!

[Ontarkie 13,915]

Yes he must count his daughter. 

Edited August 6, 2019 by Ontarkie

[JFH 12,189]

Yes. When it asks you to list “all children”, it means “all children”. Not just the ones that live with you, 

[Nitas_man 3,100]

She gets included.  Also added to household size on the support affidavit.

[aaron2020 11,651]

"All children" means all children.  Doesn't matter if he's estranged from her since that's not part of the question.  He needs to list her and include her on all Affidavit of Support.

[Nitas_man 3,100]

It’s a material item.  No room to omit.

[Hank_ 9,173]

9 hours ago, Shanna20 said:

Hello! My fiance (26) and I (25) are planning to apply for a k1 visa this coming December. We’ve been together for 2 years now and seen each other twice in a year and he stays with me for a month before going back to the United States. 

 

He’s never been married and so have I. Although when he was 21, he got his ex pregnant. He’s 26 now, the child is living with her mother who is also married to a different man, and my fiance only saw his daughter once when she was about a month old. My fiance and his ex still keep in touch due to the fact he sends money for his daughter for support, even though they are estranged since he said it is the right thing to do. Long story short, my fiance’s ex took the child away from him and does not want him to have a relationship with his child years ago.

 

My question is this. My fiance doesnt even lists his daughter as his dependent since he is estranged from his daughter. Will the embassy or the consulate still needs to know if he has a daughter even though there is no relationship between them to begin with? 

 

Any help would be appreciated. Thank you!

Daughter must be included, estranged or not .. she is a dependent (he sends money)

[aaron2020 11,651]

2 hours ago, Hank_ said:

Daughter must be included, estranged or not .. she is a dependent (he sends money)

It doesn't matter if he sends money or if she is a dependent.  All minor children are counted - no matter what.  

[Hank_ 9,173]

1 hour ago, aaron2020 said:

It doesn't matter if he sends money or if she is a dependent.  All minor children are counted - no matter what.  

For the Beneficiary's children in the I-129F  yes.    Petitioner's children are not listed on the I-129F.

 

As for the I-134, that is not what "Part 3, section: Dependents" asks for, it clearly states  "The following persons are dependent upon me for support."  < irregardless of age.     Nowhere is there a section for listing minor children of the petitioner.

 

https://www.uscis.gov/sites/default/files/files/form/i-134.pdf

 

If you know of instructions for the I-134 that state to list all petitioner's minor children .. I would appreciate the link ..  and I mean a U.S. government entity website.