PBH / colombia (active forums more▼ | travelguide | pictures) / post

Does K1 Fiance Visa include children?

I am in the process of filing a K1 visa to have my Colombian girlfriend come to the U.S. to get married and cannot figure out if this application is additionally a request for her daughter to come as well. There is only a single question asking the names of any children on the application and nothing more about this. Can anyone tell me what the procedure is regarding children and the K1 Visa? It is my understanding that at this point I am just requesting that the mother be given a fiance visa to come to the U.S. to marry me and am not requesting anything on behalf of her daughter. It is not my intention to ask for anything on behalf of the daughter yet as there are some complicating issues such as the father of the daughter who is not willing to give permission for her to leave Colombia. Any advise would be greatly appreciated.

By gatorgt on Jul 26, 2006, 12:22 in Visa & paperwork.

Gator says on Jul 26, 2006, 12:44:

Yes, But... but I would go ahead and include her in the filing of the I-129. The unmarried, minor children, under the age of 21, of a K-1 beneficiary derive "K-2" non-immigrant visa status from the parent so long as the children are named in the petition's original filing. A separate petition is not required if the children accompany or follow the alien fiance(e) within ONE YEARfrom the date of issuance of the K-1 visa and nothing requires the child accompany the mother. It's called the "to follow rule.". If you wait then a separate visa petition must be filed and a separate immigrant visa petition is required.

As far as the other problem the family court in Colombian may help by giving sole custody to mom and ordering the child accompany her out of the country. DAS will accept this.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

0 funny, 0 helpful.

famsearch says on Jul 26, 2006, 13:01:

i think you also will have to name the child in question on the i-864, the affidavit of support as well.
dan

dan

0 funny, 0 helpful.

msddaytona says on Jul 26, 2006, 13:27:

Visa Journey Dude:

Good Luck with the journey...Wife just got Green Card a week ago after going thru K-1 process. My friend went thru the same process you are going thru. Check out visajourney.com.

Good LUck

0 funny, 0 helpful.

gatorgt says on Jul 26, 2006, 13:59:

K1 and children Thanks for everyones input on this issue. To clarify, I am in the first stage of the K1 application process and the I-129f form is the only form that contains a question which asks for the names and ages of the children of the fiance. So, does that mean by listing the info on the child in response to that single question it will essentially serve as a request for her to come to the U.S. as well as the mother but at a later date? All I am trying to do at this point is get the mother here to marry her and then I can address the issues with the child after that. Obviously, I will answer the question truthfully about the child on the I-129f form but Im curious if this issue is raised again as the process continues to the interview stage etc and will there be questions on the next set of forms and applications that ask if I am requesting to bring the child as well which could end up bringing the fiance visa request to a grinding halt because of legal issues involving the fathers permission to let the child go with the mother. The daughter actually lives with the Grandmother and we may end up not even asking to bring here as we have homes in both Colombia and the U.S. and will be living in both places. Thanks again for all your help and advice.

0 funny, 0 helpful.

elgatoverde says on Jun 29, 2007, 08:57:

visajourney.com is your best source of info. I do not think K-1 fiancee has room for children. It is a k visa but has a different number You will need to file all the paperwork for children as well. Call uscis for guidance, you will wait but they were helpful inanswering my questions

0 funny, 0 helpful.

FloridaTom says on Jun 29, 2007, 11:06:

I was surprised ot learn that a separate I-130 needs to be submitted for EACH child under 21. I am 2 weeks away from the Stage 4 K-3 Visa Interview with my wife to bring her here. On the notice of the interview date, I received a letter stating that derivative status still meant that each person needed an I-130. Unfortunately, the packets do not tell you this before hand, so be prepared.

0 funny, 0 helpful.

chester says on Apr 16, 2008, 19:48:

yes, include the kids on the original ki-1 paperwork.

then, they have one year to apply for Follow to Join visas.

when they receive their Follow to Join visas, they will have six months to use them.

this is what my now wife and i did.

the kids, now with family in cali, will follow after they finish this school year.

make sure you include the kids on the original paperwork.

they do not have to travel on the original visa, but will have follow to join rights.

0 funny, 0 helpful.