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Automatic K2 for my SO's daughter


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Hello,

 

I will file my I-129F very soon now. Can I please get comments about the automatic K2 for my SO's daughter? In particular I wish to know that no other forms or procedures are needed beyond naming her on the I-129F. She is 16 now if that has any impact.

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Guest ShaQuaNew
I believe that listing the child on the I-129F is all that is required.

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Yes.....

 

Who is Eligible

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

 

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

 

After your I-129F petition is approved your fiance will be required to complete additional paperwork. You must however enter each child's information on the petition.

 

edit...

 

see also...

 

http://uscis.gov/lpBin/lpext.dll/inserts/s...lb-8cfrsec2142k

Edited by ShaQuaNew (see edit history)
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Yes - but:

 

A few of our members in the past have assumed - wrongly - that the childs K2 will be entered in the mothers passport. Not so. The child, of any age, must have his or her own passport in which to enter the K2 visa.

 

That is down the road a ways, but for-warned is for- armed.

 

I beleive also that since she is now sixteen she may need the police clearance that your wife will be getting. Others will correct me if wrong.

 

Dean

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16 years of age is the cutoff point for police clearance, name check, etc. Health check is required for all. One of the parents can be present at the interview for under 16. That "16" is the magic number that my laopo told me many times, that once the CR2 petition for my son goes to GUZ, it will be processed very fast because my new son is considered a minor under 16.

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Passport:

An accompanying child requires a valid passport (or may be included in the parent's passport).

 

The children may be included in the principal alien's visa or issued separate visas if they present separate passports. In the latter instance, the name of the principal alien is to be written immediately below the lower margin of the visa; for example, "Principal alien: Mary Brown".

 

This statement should be accepted with caution. Even though it does state: "(or may be included in the parent's passport)" this portion of the above statement is not accepted by GZ. Candle Members have learned this the hard way in the past.

 

Dean

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OK. A question I have an answer for. I included my SO's son on the 129. After the P-3 went in, GZ requested a OF-230-1 and a 169 for him. Also, GZ said all Visa recipients are required to have a passport. My SO's son is 7 years old. I hope this helps after all the help I have gotten from CFL.

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When she gets P-3 she will need to list the child on the DS-230. You will also need proof that your SO has sufficient custody to take the child out of the country. A signed statement by the father is most desireable. There have been a few cases here where petitioners had problems with the fathers refusing to allow the child to leave.

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When she gets P-3 she will need to list the child on the DS-230. You will also need proof that your SO has sufficient custody to take the child out of the country.  A signed statement by the father is most desireable.  There have been a few cases here where petitioners had problems with the fathers refusing to allow the child to leave.

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My understanding is that the age of consent for these matters is 18. So if the child is 18 custody should not be at issue.

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