Do not want to include children in the K-1 application

[yasarajaya]

My Fiancée has 2 children who live with their father and have no legal custody. Therefore, she is not intending to include them in the visa application. Under this circumstance, should I have to include their names in the I-129F form I am filling now? If so, how can I let US Immigration know that she is not applying for the visa for the kids? All we want is K-1 visa for my fiancée.

Please advice me on how to proceed.

[rayb]

Your fiancee's children's names should be listed on the I-129F petition, whether she intends to apply for derivative K2 visas or not. There is no reason to be concerned with formallyadvising USCiS, the NVC or the Embassy of not having intention to bring children.

Failure to list the children can have uncomfortable consequences years down the road if your fiance (now) or wife (later) changes her mind or wants to provide children with an immigration option in the future.

--Ray B

My Fiancée has 2 children who live with their father and have no legal custody. Therefore, she is not intending to include them in the visa application. Under this circumstance, should I have to include their names in the I-129F form I am filling now? If so, how can I let US Immigration know that she is not applying for the visa for the kids? All we want is K-1 visa for my fiancée.

Please advice me on how to proceed.

[yasarajaya]

Do not want to include children in the K-1 application

Your fiancee's children's names should be listed on the I-129F petition, whether she intends to apply for derivative K2 visas or not. There is no reason to be concerned with formallyadvising USCiS, the NVC or the Embassy of not having intention to bring children.

Failure to list the children can have uncomfortable consequences years down the road if your fiance (now) or wife (later) changes her mind or wants to provide children with an immigration option in the future.

--Ray B

Hi Ray B:
You confirmed what I was thinking also. It is better to include everybody in the application so there will not be issues later on. I am sure she will be able to inform the visa consul about her children during the interview.

Thank you very much.
Yasarajaya

[mai95]

INclude them, if you do not apply for the kids visa (at the embassy) after 1 year of getting the K-1 visa the K-2's will be closed or canceled and when and if you want to bring them you will have to file a I-130.
And if immigration is in their future watch their ages and make sure they don't age out then it could take years to get them in the US.