Children Under Fiance' Visa

Thread view:

Enable EMail Alerts

Start New Thread

Thread rating:

Danny - 25 Aug 2008 15:19 GMT

I searched the board and can't find an answer.

7 years ago, I brought my wife to America under the I-129F Visa
program. At the time her children were also added to the paperwork.

The children would not come to America for reasons and decided to stay
with their Grandmother. {Grandmother got involved and played the poor
old me syndrome to her Grandchildren.}

Children originally lived in Panama but now how moved to Spain with
their Grandmother.

Now that the children are older, {and after my wife has thrown many
fits LOL} they now want to come to the USA.

Question. Will the children have to go back to Panama in order to get
the necessary paperwork and VISA, or can I file for them in Spain?

Any help would definitely be appreciated.
Thanks

Reply to this Message

Capt. Tuttle - 27 Aug 2008 16:52 GMT

Danny formulated the question :

> I searched the board and can't find an answer.
>
[quoted text clipped - 16 lines]
> Any help would definitely be appreciated.
> Thanks

You don't file for them in Spain. You file in the U.S.
It is possible they may need some paperwork from Panama, but I don't
see a problem for you to file for them to come here no matter where
they live.
The visa would be issued by the embassy or consulate in Spain or where
they are now living.
I hope this helps.

Reply to this Message

squentna - 31 Aug 2008 23:22 GMT

> Danny formulated the question :
>
[quoted text clipped - 28 lines]
>
> - Show quoted text -

There are some age limits on children also... be sure and read about
it.

Reply to this Message

Danny - 02 Sep 2008 19:39 GMT

Ok

This is what I found out.

I can file the I--824, Application for Action on an Approved
Application or Petition.

I, or should I say my wife will file this, using the I-129F that I
filed for her as the original supporting document.

Her children were included on the I-129F, also on my wife's I-485,
and finally the I-751. {Her children were included on this also.}

I will request that they receive their visa or whatever at a consulate
in Spain.

It seems pretty straightforward AND the fiance' visa is listed as a
reason to use this form.

Reply to this Message

squentna - 05 Sep 2008 23:10 GMT

> Ok
>
[quoted text clipped - 14 lines]
> It seems pretty straightforward AND the fiance' visa is listed as a
> reason to use this form.

I believe you will need to do an I-130 for EACH child/relative. The
child should be less than 18 at the time of filling or all sorts of
other problems occur. They can immigrate up to the age of 21 but
between 18 and 21 I think you would need some help. You should find
out what you need and file IMMEDIATELY if they are even close to age
18.

The validity of that original 129F is doubtfull and they wouldn't be
able to find all that paperwork anyway. Sometimes they lose things
that arrived last week! :-)

I brought a fiance and 12 yr/o child 5 years ago, the kid hated it,
hated me and wanted to go home. So they left. Now they want to
return and the kid likes me. I think it's a stage they go through.
We are in the middle of an I-130 right now. We had to start over.
DB

Reply to this Message

Immigration Forum / USA Marriage Base / September 2008

Children Under Fiance' Visa