Help me please (merged)

[Jm2003 0]

My story my fiancé file a k1 visa to bring me in united state,but I have a 3 kids long story short we approved so right now I’m here in united state. And we got married my question my fiancé as now my husband when he petition me he did not include my child for k2 because of the income. So now I’m here and starting to work is that possible to apply for k2 visa for my 3kids. There in minor... what is the form to apply I don’t know if there gonna see my file before because we never put any names or child at that time please help me... thank you 

[Jm2003 0]

My story my fiancé file a k1 visa to bring me in united state,but I have a 3 kids long story short we approved so right now I’m here in united state. And we got married my question my fiancé as now my husband when he petition me he did not include my child for k2 because of the income. So now I’m here and starting to work is that possible to apply for k2 visa for my 3kids. There in minor... what is the form to apply I don’t know if there gonna see my file before because we never put any names or child at that time please help me... thank you 

[Illiria 980]

39 minutes ago, Jm2003 said:

My story my fiancé file a k1 visa to bring me in united state,but I have a 3 kids long story short we approved so right now I’m here in united state. And we got married my question my fiancé as now my husband when he petition me he did not include my child for k2 because of the income. So now I’m here and starting to work is that possible to apply for k2 visa for my 3kids. There in minor... what is the form to apply I don’t know if there gonna see my file before because we never put any names or child at that time please help me... thank you 

So the children were not listed at all on the 129 petition? 
 

Are you from the Philippines as your profile states?

 

Is the father listed on the children’s birth certificate? 
 

Do the children have their fathers name or your name?

 

Were the children birth certificate registered at the time or late registration (especially after marriage or getting to know your current husband)? 
 

Reason I ask is all of the above can complicate adding children now - if you are from Philippines (or other country where this is common) they may think you are now trying to pass other children off as your own. If they were late registered they may think the above as well. If the children’s father is listed on the birth certificate (especially if the children have the fathers name) the embassy may believe the children were therefore legitimate and you had to have been married to the father (if you were and it was annulled then all good but if not and you listed in your visa application you were single could cause issues)

 

All in all most things can be sorted but may take time - DNA to prove your relationship to children, fixing any issues with birth certificates - that sort of things.

 

Follow to join of a K1 visa can only happen within a year of the visa issuing otherwise the child has to be petitioned separately. Form is I-130 - it would be quicker for your husband to petition if you married before the children were 18.
 

Did your husband know about the children when he petitioned you? 
 

Petitioning three children is going to take a higher finance level shown than your husband showed for you - do you earn much more than him? 

Edited November 26, 2019 by Illiria
Married so changed reference to husband

[Jm2003 0]

3 minutes ago, Illiria said:

So the children were not listed at all on the 129 petition? 
 

Are you from the Philippines as your profile states?

 

Is the father listed on the children’s birth certificate? 
 

Do the children have their fathers name or your name?

 

Were the children birth certificate registered at the time or late registration (especially after marriage or getting to know your current husband)? 
 

Reason I ask is all of the above can complicate adding children now - if you are from Philippines (or other country where this is common) they may think you are now trying to pass other children off as your own. If they were late registered they may think the above as well. If the children’s father is listed on the birth certificate (especially if the children have the fathers name) the embassy may believe the children were therefore legitimate and you had to have been married to the father (if you were and it was annulled then all good but if not and you listed in your visa application you were single could cause issues)

 

All in all most things can be sorted but may take time - DNA to prove your relationship to children, fixing any issues with birth certificates - that sort of things.

 

Follow to join of a K1 visa can only happen within a year of the visa issuing otherwise the child has to be petitioned separately. Form is I-130 - it would be quicker for your husband to petition if you married before the children were 18.
 

Did your husband know about the children when he petitioned you? 
 

Petitioning three children is going to take a higher finance level shown than your husband showed for you - do you earn much more than him? 

Hi yes I’m from Philippines yes my husband who petition me he did not include my 3kids... and the father of my 3kids we never get married or anything we separate. The birth certificate yes the last name of my x bf and yes my husband knows about my 3kids but he doesn’t know what to do about the filling if he needs to add or later so that’s why now I’m here and ready for work so I could bring my kids here. What is the form for that thank you for your help 

[Jm2003 0]

So is that okey if my husband his gonna petition them I-130form yes I was single when I get here. And my husband knows about my x and he knows I have 3kids we knows each other since high school.  And I was waiting for him for a long time. Then when we talk through my Bestfriend he was looking for me and waiting for me too. But I told him I have 3kids and he loves kids that’s why he wants to bring my 3kids here. There minor my mother take care of my 3kids right now

[Lucky2Lucky 2,526]

You with you working will yourcombined  income jump to $37,713? That is 125% of poverty level for a family of 5

 

also will the father allow them to immigrate to the US?

Edited November 26, 2019 by Luckycuds

[payxibka 10,044]

1 minute ago, Jm2003 said:

So is that okey if my husband his gonna petition them I-130form yes I was single when I get here. And my husband knows about my x and he knows I have 3kids we knows each other since high school.  And I was waiting for him for a long time. Then when we talk through my Bestfriend he was looking for me and waiting for me too. But I told him I have 3kids and he loves kids that’s why he wants to bring my 3kids here. There minor my mother take care of my 3kids right now

K2 is faster if still within one year of your k1 Visa being issued,  otherwise,  a separate i130 petitions for each child as long as the stepparent relationship was created before the child turned 18.

[Illiria 980]

3 minutes ago, Jm2003 said:

Hi yes I’m from Philippines yes my husband who petition me he did not include my 3kids... and the father of my 3kids we never get married or anything we separate. The birth certificate yes the last name of my x bf and yes my husband knows about my 3kids but he doesn’t know what to do about the filling if he needs to add or later so that’s why now I’m here and ready for work so I could bring my kids here. What is the form for that thank you for your help 

Ok even if the children weren’t coming they should have been listed on your petition and visa application (You just check the box to say they aren’t coming). This will cause some problems. Because a bunch of people have done this by trying to bring children who weren’t theirs later ( typically niece  or nephew) saying whoops I forgot to list them, some even think a dna test won’t find it if they are so closely related. 

 

As previous post says the form is I-130 ( this will take two years if you petition or one if your husband petition if  you married before the children were 18)

 

In the Philippines (seen on many other posts) the child doesn’t get last name of the father unless they are legitimate (you were married) so if they have the last name and x is on the birth certificate does their birth certificate say you were married or imply you were even if you weren’t - if so this is a problem.

 

 I have asked this to be moved to the Philippines section as they have loads of experience advising for these forgotten children cases. 

[Jm2003 0]

1 minute ago, Luckycuds said:

You with you working will yourcombined  income jump to $37,713? That is 125% of poverty level for a family of 5

Yes he make more money then me hehehe. + I’m gonna work to so I have this is my chance to bring my kids 

[Illiria 980]

Just now, payxibka said:

K2 is faster if still within one year of your k1 Visa being issued,  otherwise,  a separate i130 petitions for each child as long as the stepparent relationship was created before the child turned 18.

Yep but as the children weren’t listed at all on petition and the birth certificate has the fathers name (can be an issue in the Philippines depending on what it says exactly) and she has adjusted status I thought the k2 was a long shot

[arken 4,197]

So in i129F where it asks “Do you have any children under 18 years of age?”, you selected “NO”?

[Illiria 980]

Just now, Jm2003 said:

Yes he make more money then me hehehe. + I’m gonna work to so I have this is my chance to bring my kids 

But will it come to the above? Listed - $37,713 or more as the amount needed increases each year and you may interview after the increase

[payxibka 10,044]

Just now, Illiria said:

Yep but as the children weren’t listed at all on petition and the birth certificate has the fathers name (can be an issue in the Philippines depending on what it says exactly) and she has adjusted status I thought the k2 was a long shot

I would not give up hope quite so quickly.   

[Jm2003 0]

2 minutes ago, Illiria said:

Ok even if the children weren’t coming they should have been listed on your petition and visa application (You just check the box to say they aren’t coming). This will cause some problems. Because a bunch of people have done this by trying to bring children who weren’t theirs later ( typically niece  or nephew) saying whoops I forgot to list them, some even think a dna test won’t find it if they are so closely related. 

 

As previous post says the form is I-130 ( this will take two years if you petition or one if your husband petition if  you married before the children were 18)

 

In the Philippines (seen on many other posts) the child doesn’t get last name of the father unless they are legitimate (you were married) so if they have the last name and x is on the birth certificate does their birth certificate say you were married or imply you were even if you weren’t - if so this is a problem.

 

 I have asked this to be moved to the Philippines section as they have loads of experience advising for these forgotten children cases. 

So is that possible I could change there last name to my last name coz we never get married to my x 

2 minutes ago, arken said:

So in i129F where it asks “Do you have any children under 18 years of age?”, you selected “NO”?

Yes my husband now he did not know what to do at that time because of his income 

[Illiria 980]

5 minutes ago, payxibka said:

I would not give up hope quite so quickly.   

Hope for the best but plan for the worst. If she is aware of all the potential issues then she won’t be blindsided if they do happen. Potentially have to fix birth certificate and do dna - could it be possible to do K2 yes but if that is denied then you have to start from the start delaying their visa further. Is up to OP but she should be aware of the potential issues. 
 

4 minutes ago, Jm2003 said:

So is that possible I could change there last name to my last name coz we never get married to my x 

Just changing their name won’t fix it you might have to fix their birth certificate itself. 
 

As I have said have asked for this to be moved to the Philippines section as they have way more knowledge than myself on this. 

Edited November 26, 2019 by Illiria