A child from previous relationship

[kmk813 11]

I didn't put that my fiance has a son from a previous relationship on the i129f because he wont be able to bring him with him. is it going to affect us at the embassy. I'm sure it will be asked and we wont deny it but the mother of the child wont let him come and my fiance doesnt have custody of his son. I have no problem paying the child support while he is not allowed to work. 

[Lemonslice 4,583]

Did you read the instructions?  

[kmk813 11]

5 minutes ago, Lemonslice said:

Did you read the instructions?  

Yes I did. This is actually my second i129f. But I was under the impression that since he wont be coming then it isnt necessary to put him. I did a lot of research on it prior and found no information 

[Crazy Cat 39,559]

24 minutes ago, kmk813 said:

But I was under the impression that since he wont be coming then it isnt necessary to put him.

The form requires information for all children......these forms are literal in nature.

 

 

Edited August 21, 2020 by Lucky Cat

[Lemonslice 4,583]

Quote

Item Numbers 39. - 44.h. Children of Beneficiary. Indicate whether your beneficiary has any children. If you answered “Yes,” provide information about each child of your beneficiary. Include the child’s full name, country of birth, and date of birth. If the child resides at a different address than your beneficiary, provide the address where the child currently resides. If your beneficiary has more than one child, use Part 8. Additional Information to respond to Item Numbers 40.a. - 44.h. for each child.
 Item Numbers 45.a. - 46. Address in the United States Where Your Beneficiary Intends to Live. Provide the address and daytime telephone number where your beneficiary intends to live when he/she arrives in the United States. [Source: https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf]

I do not think it could be clearer. 

Please advise him to correct the information at the interview, or earlier if you get a RFE. 

[kmk813 11]

3 minutes ago, Lemonslice said:

I do not think it could be clearer. 

Please advise him to correct the information at the interview, or earlier if you get a RFE. 

3 minutes ago, Lemonslice said:

I do not think it could be clearer. 

Please advise him to correct the information at the interview, or earlier if you get a RFE. 

Thank you for the response. I know you all get stupid questions a lot. And it was my mistake for being under a wrong impression. 

24 minutes ago, Lemonslice said:

Did you read the instructions?  

Yes I did. This is actually my second i129f. But I was under the impression that since he wont be coming then it isnt necessary to put him. I did a lot of research on it prior and found no information 

[NoMansLand2020 298]

The instructions are very clear in my opinion. If they only wanted you to list children that would potentially be joining the K1 as a K2, it would state that. 

[kmk813 11]

6 minutes ago, NoMansLand2020 said:

The instructions are very clear in my opinion. If they only wanted you to list children that would potentially be joining the K1 as a K2, it would state that. 

So what should I do now. Send in a new sheet to immigration since we havent been approved. 

Edited August 21, 2020 by kmk813

[NoMansLand2020 298]

13 minutes ago, kmk813 said:

So what should I do now. Send in a new sheet to immigration since we havent been approved. 

If you've already submitted your I129f, then I would wait until you get an RFE. If you don't get one, then you will need to make sure that you list the child on the DS-160. This is the actual visa application. 

[kmk813 11]

2 minutes ago, NoMansLand2020 said:

If you've already submitted your I129f, then I would wait until you get an RFE. If you don't get one, then you will need to make sure that you list the child on the DS-160. This is the actual visa application. 

Thank you for the information. 

[payxibka 10,044]

6 minutes ago, NoMansLand2020 said:

If you've already submitted your I129f, then I would wait until you get an RFE. If you don't get one, then you will need to make sure that you list the child on the DS-160. This is the actual visa application. 

How will they know about this child to even send an RFE about?  Nobody gets ab RFE for not listing a child. 

Edited August 21, 2020 by payxibka

[Sparkle Sparkle 913]

The form clearly stated to give info on all kids even if they don't intend to migrate. 

[geowrian 22,336]

Read literally, answer honestly.

You read more into what was stated than what was actually there. It said to list all children, nothing more or less.

 

it's far from the first time this has happened...complete the DS-160 accurately and tell the CO at the interview so they can update the I-129F. nbd if you're upfront about it and they don't have reason to believe the child was being hidden from the petitioner.

 

37 minutes ago, payxibka said:

How will they know about this child to even send an RFE about?  Nobody gets ab RFE for not listing a child. 

Maybe if they had a petition filed for them in the past? Certainly not a common occurrence, and I have never seen an RFE for it for an I-129F.

Edited August 21, 2020 by geowrian

[kmk813 11]

19 minutes ago, geowrian said:

Read literally, answer honestly.

You read more into what was stated than what was actually there. It said to list all children, nothing more or less.

 

it's far from the first time this has happened...complete the DS-160 accurately and tell the CO at the interview so they can update the I-129F. nbd if you're upfront about it and they don't have reason to believe the child was being hidden from the petitioner.

 

Maybe if they had a petition filed for them in the past? Certainly not a common occurrence, and I have never seen an RFE for it for an I-129F.

Thank you. I made a mistake but moving forward I will definitely have my fiance put it on the ds160 and I am hoping to be at the interview where I can explain I made a mistake 

[payxibka 10,044]

2 hours ago, geowrian said:

 

 

Maybe if they had a petition filed for them in the past? Certainly not a common occurrence, and I have never seen an RFE for it for an I-129F.

Maybe?  You never have and you never will, because all you need to understand is why are RFEs issued in the first place?  RFEs are only issued for items to make an otherwise unapprovable petition approvable. 

The listing of a potential k2 is not such a thing.  If it was, then others similarly situated would never be allowed to add k2s post approval, to which we all know occurs from time to time. 

 

 

 

 

Edited August 21, 2020 by payxibka