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Question to do with the K-1 and dependents

Question to do with the K-1 and dependents

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Old Oct 4th 2015, 12:32 pm
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Default Question to do with the K-1 and dependents

So I understand that on the K-1 we are supposed to put my daughter on there? The thing is that she is a duel US/UK citizen. I have never lived in the US (never thought I would). But her dad was a USC. So I'm not sure if I should include her on the application since she doesn't need a visa? Should I write a cover letter or do I just not include her in the application except when we do the Affidavit of support? Because obviously we'd need to file as a 4 person family. The thing is when I went though the forms it said that the affidavit of support expires February 2016 so I assume we have to wait until later to do that form and can't just fill it out when we do the I-129f package in December. I'm assuming (lots of assuming) that they want payslips from nearer to my interview date? Just want to make sure I understand what we are doing before we apply and have the correct forms to hand.
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Old Oct 4th 2015, 2:11 pm
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Default Re: Question to do with the K-1 and dependents

Wherever any forms ask you to list children, you must list her (even though she's not getting a visa).

You are correct, she does not need a K-2 visa. She just needs a US passport.

Yes, you will include her in the household size...but that doesn't come into play until after you arrive in the USA and are doing your Adjustment of Status (AOS) and using the I-864 Affidavit of Support.

The Affidavit of Support used for the K-1 visa is form I-134, and it's not associated with a household number.

The I-134 is not due until the visa interview date. Do not include it with the I-129F package.

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Old Oct 4th 2015, 2:17 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by AMZJ
Should I write a cover letter or do I just not include her in the application except when we do the Affidavit of support? Because obviously we'd need to file as a 4 person family.
How is this obvious? So far it sounds like a 3-person family. You (the USC), your fiancé (UKC), and your daughter (dual US/UK citizen).

The thing is when I went though the forms it said that the affidavit of support expires February 2016 so I assume we have to wait until later to do that form and can't just fill it out when we do the I-129f package in December.
I don't know what "it" is in the paragraph above. Were you looking at the I-134?

I'm assuming (lots of assuming) that they want payslips from nearer to my interview date?
You mean your fiancé's interview date?

It's a little confusing who is the USC and who is the UKC.

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Old Oct 4th 2015, 2:26 pm
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Default Re: Question to do with the K-1 and dependents

Sorry I wasn't clear with giving information Rene, Thank you for your advice! I have a daughter and my OH has a daughter so we are a 4 person family. I am the UKC, my daughter is a US/UK C and my OH and our eldest are both USC.

For some reason I thought I had to take the affidavit with me to my interview, maybe I have confused it with another form.

It would be my visa date since I am the UKC. I am just making sure I get the information he'll need from me as I have made all the visits so far. He is coming here next year, we can include his itinerary but we won't have boarding passes until he has actually been here.

Again thank you for your advice and I am really sorry I am very bad at explaining things!

ETA: Yes I got confused you were right about the form, thats the one i have printed.

Last edited by AMZJ; Oct 4th 2015 at 2:29 pm.
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Old Oct 4th 2015, 2:27 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by AMZJ
Just want to make sure I understand what we are doing before we apply and have the correct forms to hand.
If you've never seen my 3 rules for filling out forms, you're trying to violate both #1 and #2 (but you shouldn't) and, consequently, you're in danger of violating #3.

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Old Oct 4th 2015, 2:31 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by ian-mstm
If you've never seen my 3 rules for filling out forms, you're trying to violate both #1 and #2 (but you shouldn't) and, consequently, you're in danger of violating #3.

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I haven't no and I apologize. I've read though a wiki on how it's all done I was just unsure about how I approach my daughter being added. Also this is the form my OH will be filling out, not me. I don't do that until the second part and in which case I'll be asking him for help with it as I have a long history of making mistakes on forms...
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Old Oct 4th 2015, 2:33 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by AMZJ
Sorry I wasn't clear with giving information Rene, Thank you for your advice! I have a daughter and my OH has a daughter so we are a 4 person family. I am the UKC, my daughter is a US/UK C and my OH and our eldest are both USC.
Thanks for clarifying.

For some reason I thought I had to take the affidavit with me to my interview, maybe I have confused it with another form.
You are correct. The I-134 goes with you to your K-1 visa interview.

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Old Oct 4th 2015, 2:35 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by Noorah101
Thanks for clarifying.


You are correct. The I-134 goes with you to your K-1 visa interview.

Rene
Ok I was right in thinking that, so he won't be able to fill it out while I am there in December as it says it expires 02/29/2016 so I'll have to get him to mail me the new updated version.
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Old Oct 4th 2015, 2:35 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by AMZJ
I haven't no and I apologize. I've read though a wiki on how it's all done I was just unsure about how I approach my daughter being added. Also this is the form my OH will be filling out, not me. I don't do that until the second part and in which case I'll be asking him for help with it as I have a long history of making mistakes on forms...
It's best if you refer to the forms by their proper name or number. There are so many forms involved, that when you just say "form", we don't really know which one you mean.

Your USC fiancé will be filing Form I-129F. When that form asks about the beneficiary's children, he should list your daughter. He should not include Form I-134 (affidavit of support) with the I-129F package.

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Old Oct 4th 2015, 2:41 pm
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Default Re: Question to do with the K-1 and dependents

On the list I am using it says he needs:

A cover letter
I-129f
A declaration of how we met
A statement of intent to marry from each of us
G-325A x2 (one for each of us with passport pics attached).
Proof of meeting within the last 2 years (I have boarding passes and pictures from each trip)
His US (Full birth certificate)
and a Copy of my decree of absolute.

I understand where I got mixed up with the I-134 I read further down the page which was explaining about what I need for interview.

So all he needs from me is a US passport photo, my G-325A, my boarding passes and the photos which I labeled (4 from each trip, has both of us and then some with our girls) and also my decree of absolute.

I'm sorry if this seems jumbled but I think I have it correct now. Thank you for putting up with my slightly confusing questions!
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Old Oct 4th 2015, 2:43 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by AMZJ
Ok I was right in thinking that, so he won't be able to fill it out while I am there in December as it says it expires 02/29/2016 so I'll have to get him to mail me the new updated version.
Again, you're using "it" here. I don't know what form you're referring to.

If you mean the I-134, then no, he shouldn't fill it out while you're there in December, because it won't be due for about 6 more months or more, until you go to your interview. He should fill out the I-134 closer to your interview date and FedEx it to you (or some other trackable method). Don't worry about the form expiration date. He will just go to Homepage | USCIS closer to your interview date and use whatever I-134 is on that site at that time, it will be the most current one.

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Old Oct 4th 2015, 2:46 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by AMZJ
A cover letter
I-129f
A declaration of how we met
A statement of intent to marry from each of us
G-325A x2 (one for each of us with passport pics attached).
Proof of meeting within the last 2 years (I have boarding passes and pictures from each trip)
His US (Full birth certificate)
and a Copy of my decree of absolute.
No cover letter required...he can add one if he wants, but not required.
No declaration of how you met required (except the short explanation already on the I-129F form.

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Old Oct 4th 2015, 2:46 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by Noorah101
Again, you're using "it" here. I don't know what form you're referring to.

If you mean the I-134, then no, he shouldn't fill it out while you're there in December, because it won't be due for about 6 more months or more, until you go to your interview. He should fill out the I-134 closer to your interview date and FedEx it to you (or some other trackable method). Don't worry about the form expiration date. He will just go to Homepage | USCIS closer to your interview date and use whatever I-134 is on that site at that time, it will be the most current one.

Rene
Sorry! Yes I was referring to the I-134. We'll use fedex/ups. I very much doubt I'd get an interview before he visits so that's the most likely solution.
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Old Oct 4th 2015, 2:47 pm
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Default Re: Question to do with the K-1 and dependents

Originally Posted by AMZJ
I haven't no and I apologize.
Just in case... here they are!

1) Take each question at face value;
2) Don't ascribe any meaning to the question beyond what is plainly written; and
3) Don't try to alter the question to fit your situation.


... he won't be able to fill it out while I am there in December as it says it expires 02/29/2016 so I'll have to get him to mail me the new updated version.
Rubbish! The expiration date on the form is irrelevant. Please don't read meaning into things that don't exist. If that's the form that exists and is downloadable from www.uscis.gov then that is the correct form.

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