Illiria

Wait are you presenting both the ead and the green card when you try and get the ssn? 

How old were they when you married their mom? 

14 minutes ago, pknick said:

She was about to be 18 in few weeks before we got married. But as per the record she is 17. 

Thanks sorry I didn’t catch that in your earlier post - this is good as you can petition for her as a stepparent which is quicker than her mom doing it. 

1 hour ago, geowrian said:

 

 

Doh really should have my coffee before I post on vj 

How old was she when you married? 

2 minutes ago, Jm2003 said:

Yes January 

When in January because that matters if at the end you have more time to get the k2 sorted if it was the start then you have less time

Just now, Jm2003 said:

This year I came here feb 19 I got my visa January 

The date you came here doesn’t matter it is the date of issue on your visa that matters. January 2019

4 minutes ago, Jm2003 said:

I came here feb 19 2019 so is better for k2 right 

When was your visa issued?  you only have until one year after your visa was issued to get them a k2. 
 

As I said just going to court to change their name may not fix it depending on what their birth certificates say. If they shouldn’t have his name unless you were married then having a birth certificate with him on and then getting his name will indicated that you were married no matter what the truth was. Do you see the issue with that? 

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. 

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

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

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. 

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? 

10 minutes ago, Rob Beri said:

By the sounds of it I should be fine, as long as everything else is in order.

Is she from the Philippines? If so their government requires her to go through a sort of exit interview before she can be given permission to leave.

Are you still married to the person you were married to for the spousal visa? If not then you are not eligible to apply until the 90 days prior to your five year anniversary of residency. 
 

If you apply for it before you are eligible for it they will deny it, now they might not figure out you aren’t eligible until your interview by which time you will have wasted the application fee and time waiting for the application to be processed 

Oh I just remembered a case where due to time zones applying online someone accidentally applied a day early and they got all the way to interview and was denied. There were a couple of cases where people applied at the right time but the computer on the other end had its time stamp wrong so the system said they applied earlier than they did and they were denied too but could show they were really at the correct time so they got it sorted - this was all in the first days of applying online. 

50 minutes ago, JFH said:

It’s a hassle.

This - no one could pay me enough to do that cross London transfer again. 

1 hour ago, JAC&MEH said:

Apparently due to the expense involved, it is very common for people to live together as husband and wife without ever legally getting married.  As our attorney explained it, if two people, that are legally able to be married, live together continuously for at least 2 years, they are considered to be "married" under Mexican law. 

So if immigration wasn’t involved and this was just two people from Mexico who live together continuously for two years and therefore considered married in Mexico law what would they do if they split up and wanted to marry other people - would they have to do something before they could get formally married to someone else? 
 

There is something similar in Canada - but you don’t have to get divorced unless you lived together more than 7 years and had applied to have it formally recognized. So if you split up even if you had been getting tax benefits as a cohabiting couple you didn’t have to get any formal separation unless the 7 years and formal recognition had happened. 

34 minutes ago, NataBubu said:

Hello, how looks procedure for medical examination if I'm pregnant and is there any possibility that can affect my case somehow. I found out that I have to take tetanus diphteria and what are consequences if that is forbidden for my situation? My medical exam will be soon so I'm worried.

Tdap is not only safe it is highly recommended in pregnancy as it contains the whooping cough vaccine which is vital the baby has some immunity when born from the mom getting vaccinated during pregnancy my obstetrician insisted I had it again even though I had had it for my k1 three years earlier. Now some of the others that are required are not recommend for pregnancy such as the mmr but that’s a different kettle of fish. 

19 minutes ago, payxibka said:

Tdap vaccination is safe during pregnancy. 

 

For the xray, the will take the necessary precautions 

This - they take necessary precautions for protecting the baby during the exam if you aren’t showing yet you must tell them (it’s on the forms but I wanted to reiterate the important of telling them). 
 

29 minutes ago, Soon To Be Mrs. T said:

You can choose to get the vaccination at a later date.

 

"vaccinations are not required for K visa issuance..."

 

Source: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#7

Problem with this is that if she does do it in the us before or during aos a lot of the us based authorized doctors to complete the medical are refusing to do it without paying for a full medical again which she doesn’t need or charging over the odds if you ask just to do the vaccines and the vaccine form. Some people have found they are hours drive away from the nearest one as well and having a newborn and trying to do this will be a pain in the butt.

38 minutes ago, Modefel said:

What do I need for the bona fide parent child relationship?  I'm petitioning my daughter from the Philippines and she's an illegitimate child.

Do you have a relationship as in do you talk the the child, are involved in their life, sending them cards/letters/emails, are a contact for their educational or medical needs? 

The above answers the the question from your topic title.

to answer the question in your post text - it can be demonstrated by photos, emails/letters/cards you sent, documentation showing you are listed as an emergency contact or person who can make decisions, and bank records showing  you pay for things like school fees or such 

If there was something wrong they would tell you - we have had cases on here where  something cane up that wouldn’t stop the visa but the medical giving people told them to get it followed up (heart murmur) 

21 minutes ago, Hope2020 said:

Thank you for your explanation. Also, thank you everyone for their reply. 

Can you answer our questions? 

12 minutes ago, Hope2020 said:

No they gave him an extension so he's still within the authorized period.

Why? Like for what reason is he staying there as that long doesn’t seem a valid holiday is he super rich or have a really understanding job that lets him take a vacation sabbatical. 

Be 100% honest - if it asks you to list all your children then list all of your children

Based on previous postings maybe Philippines? A quick google indicates that you would have to apply for a travel document with proof it is a valid need to travel quickly that would only be valid for going to the Philippines one time.