Child of Fiance(e)/Spouse

[SinoTexas]

In the visa process, is the minor child (under 21) of a fiance(e) or spouse, automatically considered part of the visa application, even if there was/is no intention to bring the child to the US? It appears by just filling out the various forms for the fiance(e)/spouse, the child is automatically assumed that they will be part of their parents immigration process. It seems a little late at the P4 stage to be sending the forms for the child, whether she/he is or isn't immigrating to the US with their parent.

 

Thank you,

 

Jim

[USCONGUZ]

Dear CFL,

 

For K1 (fianc¨¦ of an American citizen), K3 (spouse of an American citizen), and F2A (spouse and/or minor child of a legal permanent resident) visa classification cases, a child of the principal applicant listed on that principal applicant¡¯s I-129/ I-130 is considered eligible to apply as an accompanying child.

 

For any of these visa classifications, when USCONGUZ Immigrant Visa section receives the visa packet, our office assumes that all listed children intend to apply with the principal applicant parent unless the visa packet explicitly states otherwise. This assumption is correct for the overwhelming majority of our immigrant visa applicants.

 

If the child will not be applying with the principal applicant, the petitioner can make this clear when they file the petition, and the principal applicant can make this clear either during the pre-interview process or on the day of the interview. If the child of a K1, K3, or F2A visa classification applicant is inadvertently not listed on the I-129/I-130, and does intend to apply with the principal applicant, the child can be added if USCONGUZ is provided with an original or notarized birth certificate.

 

For F1 (unmarried son or daughter of an American citizen), F2B (unmarried son or daughter of an American citizen), F3 (married son or daughter of an American citizen), F4 (brother or sister of an American citizen) visa classification cases, a child of the principal applicant listed on that principal applicant¡¯s I-130 is also considered eligible to apply as an accompanying child. This also holds true for employment-based immigrant visas and diversity visas.

 

However, for CR1/IR1 (spouse of an American citizen) visa classification cases, if a child is meant to accompany the spouse or the fianc¨¦ to the United States, a separate petition must be filed for that child to benefit as a CR2/IR2 visa classification applicant. If a separate petition is not filed, then any children of the primary beneficiary are specifically excluded from the visa application process.

 

Sincerely,

USCONGUZ