Petitioning your alien fiance using the K1 Visa also allows her children to be a part of the process by getting a K2 child visa to follow.
The U.S. Sponsor must qualify first.
The U.S. Sponsor must meet the USCIS poverty guidelines and meet all IMBRA requirements.
If you are unsure about the process of including your Fiancee’s children, then you are welcome to call FilAm Immigration Services to speak with a counselor to establish whether or not you are eligible to include the children of your fiancee?
Things to consider:
For those who do include their Fiancee’s K2 children, it is sometimes difficult to bring the whole bunch over at the same time, or sometimes kids are still finishing up the school year.
These are known as K2 Visas for children. In some cases, it is not always favorable to include the children of your Fiance(e) if the sponsor is unable to meet the Poverty Guidelines?
The parent of possible K2 Children must also check with the rules and requirements of their Country to make sure it is alright for the child or children to be able to leave their Country?
If the Country is the Philippines we always advise the K1 beneficiary to seek advice from DSWD – The Philippines Department of Social Welfare and Development.
Sometimes the children’s biological father may oppose the kids leaving?
If the father pays any child support or visits the kids, he may have certain rights that could stop a mother from bringing her child or children to the USA?
If the grandparents of the child or children visit the kids and are active in the development of the kids, they also may have certain rights that would prevent the beneficiary from bringing them to the USA as K2 Child?
Who can be a K2 child?
Only the biological children of your fiancee. Or if they have legally certified documents of adoption. A K2 child must be under the age of 21 and unmarried.
We will not charge extra for your fiancee’s children through the I-129F Petition process or the US Embassy process.
However, we do charge an additional $75.00 fee for more than one child who will be adjusting their status toward permanent residency in the USA.
The K2 Child or children will have to attend the medical exam with their parents and must also attend the US Embassy Interview which is required if they want to get a K2 Child Visa.
Be certain before filing for a K1/K2 that you meet the USCIS Poverty Guidelines?
If you are the US Sponsor filing for you’re fiance and their K2 children, you must be certain that you meet the financial requirements?
If you are still paying child support from a previous marriage then you must count those kids also?
If you do not meet the poverty guidelines at the time of you’re fiances US Embassy Interview then a denial may be given?
Many Couples think that a joint or co-sponsor can be used during the interview, but that is not true.
Joint or co-sponsors are only accepted once you’re fiance and the K2 Children are already in the United States.
Also Recommended to not include K2 Children if you have any Criminal Convictions that fall under IMBRA?
International Marriage Broker Regulation Act
IMBRA Imposes some tough requirements to US Sponsors that have certain types of felony charges and if the sponsor has ever been charged with any domestic violence or sexual acts that involve women or children, then IMBRA would likely deny you’re petition process.