THE K PACKET
I am being petitioned by my American citizen fiancé(e). Can I also bring my child to the U.S.?
A child under 21 years old may be included in the I-129F visa petition as a fiancé(e) derivative beneficiary (K2).
How do I register my child?
A clear copy of the child’s birth certificate issued on security paper by the Philippine National Statistics Office (NSO) must be submitted wherever the case is currently being processed: the U.S. Citizenship and Immigration Services office, the National Visa Center, or the Embassy.
Will my child automatically be issued a K2 visa?
If one of the child’s parents is an American citizen, the child may have a possible claim to U.S. citizenship. If the child’s American citizenship is established, he/she will not need a visa to enter the U.S.—instead, an application for a Consular Report of Birth Abroad and an application for a U.S. passport must be filed on his/her behalf with the Embassy’s American Citizens Services (ACS) Unit. The ACS Unit may be contacted by email at acsinfomanila@state.gov regarding this matter. If the ACS Unit determines that the child has no claim to U.S. citizenship, we will resume processing the K2 visa application.
Is there a deadline to register and issue a K2 visa to my child?
Following-to-join K2 beneficiaries have one (1) year to apply and be issued a K2 visa, from the time that the principal applicant was issued a K1 visa.
What if my child turned 21 years old or got married?
Under U.S. immigration law, when a child has aged out (turned 21 years old) or marries before admission to the U.S., he/she will no longer qualify for immigration benefits as a child.
How will my child who turned 21 years old or who got married before admission to the U.S. qualify again for immigration benefits?
In order to qualify again for immigration benefits, he/she must now be the principal beneficiary of a family- or employment-based visa petition filed on his/her behalf. Information regarding the requirements and procedures for filing visa petitions are available from the USCIS website.
For more information, see our blog post “K1 Visa FAQs: Who Should Attend the Interview?”
If you enjoyed this article, please consider sharing it!
my fiance already applied for 129-F and in the form we include my daughters name but i was not able to submit her birth certificate when we send the documents…is there any possibility that our application will not be granted becoz of the birth cert of my daughter that was not submitted?
Derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K2 visas within one year from the date the K1 visa was issued to the principal applicant parent.
To enable us to determine the child’s entitlement to following-to-join K2 status, the applicant should submit a copy of her child’s birth certificate printed on security paper issued by the Philippine National Statistics Office (NSO) and the documentation may be sent to the Embassy’s Immigrant Visa Branch (Attn: Operations Unit) by fax at 011 (632) 301-2591 or 011 (632)301-2037 or as a scanned e-mail attachment with the applicant’s complete name, and case number clearly indicated at IVManilaAttachments@state.gov,
Once we have established the applicant’s entitlement to derivative status, the applicant will be notified to contact the Embassy’s Visa Call Center .
pls if my best friend i won the the AMERICA LOTTERY AND HE IS IN UR COUNTRY FOR YEAR NOW.AND HE WHAT TO INVITE ME TO SEE HIM.PLS WHAT ARE THE DOCUMENT I NEED TO PROVIDE BEFORE CONSULAR?THANK U
Hi Dan. The application procedures and requirements for nonimmigrant visas are provided in our website. To qualify for the visitor visa, you should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after your temporary stay in the United States. For more information on ties, please visit our website.
but it will not affect our application? and even if im in USA already i can still send her birth certificate to the embassy here in Philippines? Does she need to undergo for an interview all by herself or should i go with her?
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
A consular officer will determine if you are qualified for a visa during the interview. However, if the officer determines that the documentation or information already provided is insufficient to establish eligibility for a visa, the officer may request the submission of additional documents or require additional information until the true facts of the case can be ascertained.
As previously mentioned, derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K2 visas within one year from the date the K1 visa was issued to the principal applicant parent. If the child will “follow-to-join” on a later date, you need not accompany her during the interview.
We hope this will information will be helpful to you.
hi i have the same concern my fiance also included my son’s name in the 129F form but now he’s not sure if he also submitted my son’s birth certificate and if he did, it was a machine copy. Is a photocopy enough? we are thinking of sending the original authenticated NSO copy to the USCIS just to be sure, please advise..thank you
You may wish to contact the U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center (NCSC) at 1-800-375-5283 regarding your concerns.
Hi, I have been with a Filipina since 8/2005 and we want to marry, problem is she was previously married in the Philippines. She has been seperated for 22 plus years and does not know where her ex- husband is. She has not been able to get a divorce. She has 3 grown children that do not know there dad. What are our options if any? Thanks
To qualify for fiancé(e) visa classification (K1), the petitioner and beneficiary must be unmarried, or their previous marriages have ended through divorce, annulment or death. We suggest you consult a competent legal authority regarding your concerns.
we have a new son born last september 14 and my fiances divorce will be done my january of 2013 should we register our son now or should we wait till he gets hes divorce finalized so there wont be any conflict to applying for a fiance visa
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog. We suggest that you contact the U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center at 1-800-375-5283 regarding your concerns.
hi i have a similar concern my fiance also incorporated my son’s title within the 129F form however he is not confident that also, he posted my son’s birth record and when he did, it had been a piece of equipment copy. Is really a photocopy enough? we are thinking about delivering the initial authenticated NSO copy towards the USCIS just to be certain, please advise..thanks
To enable us to determine the applicant’s eligibility for fiancé(e) derivative (K2) status, the Principal Applicant should submit a copy of the applicant’s birth certificate issued by the Philippine National Statistics Office (NSO) printed on NSO security paper.
The document may be sent to the Embassy’s Immigrant Visa Branch (Attn: Operations Unit) by fax at 011 (632) 301-2591 or 011 (632)301-2037 or as a scanned e-mail attachment, with the applicant’s complete name and case number, clearly indicated.
Hello, i came here on a k1 visa and we got married within 90 days, i have not adjusted my status yet and i want to start the process to get my kids their k2 visa soon, will my lack of status affect their visa? thank you
The applicants’ guardian should follow all interview preparation instructions for K1/K2 visa applicants located on the Embassy’s website at http://manila.usembassy.gov/wwwh3238.html. The instructions contained on the website will provide him/her the required documentation and procedures to follow prior to the interview date.
Please be aware that under U.S. immigration law and regulation, issuance of a fiancé(e) derivative (K2) visa must follow within one year from the date the fiancé(e) visa (K1) was issued to the principal applicant.
Hi, I have almost the same concern but I already adjust my status and I’m just waiting for my green card to be mail I want to petition my 3 years old daughter but I have no idea how.. Any help please
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
In order for your daughter to qualify for immigration benefits, an I-130 immigrant visa petition must be filed on his behalf with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over the U.S. citizen’s place of residence. The USCIS must approve the visa petition before your son can apply for an immigrant visa.
You may wish to visit the following websites:
(1) http://manila.usembassy.gov
(2)http://www.uscis.gov
(3) http://travel.state.gov which provides comprehensive information on immigrant visa petition filing procedures.
You may also wish to contact the USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.
i already filed the petition for my children which is a minor and all the required paper works has been done but still the NVC always said that we need to wait the visa number ): how long should i wait coz my children is studying and right now im planning to enroll them here i U.s instead in manila ): how long does it take to wait for the visa number?
If the petition is presently with the State Department’s National Visa Center (NVC), NVC will hold the immigrant visa petition until the cutoff date in your childrens’ visa category has advanced to the applicants’ priority date. NVC will forward the case to Embassy Manila once an interview slot becomes available. We will begin processing the case as soon as the visa petition is received from NVC.
As the case is not yet under the Embassy’s jurisdiction, future inquiries may be directed to NVC at 32 Rochester Avenue, Portsmouth, New Hampshire 03801-2909, telephone number (603) 334-0700.
Hi Good Day!
I am so lost and confused..
My fiance went to US as LPR and naturalized as USC.
He filed I-129F (petition for fiancee) and put our child’s name on it.
K1 (me) and k2 (our child, he is the father)
as I read and read and join some forums to gain ideas somebody told me that the child is not eligible for k2 visa because the petitioner is the biological father of k2. Which gave me confusing thought.
Is it true? and if so, what should we do about it? the child can’t be left in Philippines coz no one will take care of her if I go to US.
Please help us!
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
If your fiancé was an American at the time of your child’s birth, your child may have a claim to U.S. citizenship. We suggest you contact the American Citizens Services Unit here at Embassy Manila at acsinfomanila@state.gov.
If your fiancé was still an LPR at the time of your child’s birth, you may proceed with the K1/K2 petition process without contacting the American Citizens Unit.
when our child born he was here in Philippines with me. Four months after giving birth he flew to US and become LPR then went here 2009 for 3weeks to attend our child’s bday, went back to US. Then 2011 was naturalized as USC. Then filed i-129f last January.. Our case is 5mos and 1week since noa1 and I know noa2 is nearly soon arrive anytime. (we got rfe anyway last June 20)..
Many of forumers told me that the child is not eligible for k2 because the peitioner is the bio-father and should be in IR2 which really stressed me..
and now as you saying, we may proceed to k1/k2 process and this is GREAT!!! It’s totally a relief! Thank you so much for prompt reply.. I’ll throw all the worries. God Speed!
good day! my fiancee just filed a k1 visa and our concern if we need the father’s consent of taking my son with me to the state. I am not married with the father of my son but my son is using his father last name but it stated in his birth certificate that I am not married to his father.
thank you.
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
If you have sole legal custody of your son and can provide a court order granting you custody, consent of the biological father is not required. If you do not have sole legal custody of your son, the consular officer may require a notarized letter of consent from your son’s biological father (or whoever has custody of the child) authorizing the child’s immigration to the United States. You may also wish to check with the Philippine Department of Social Welfare and Development (DSWD) for Philippine government requirements for a child traveling without one or both parents.
hello Analyn, i will be travelling with my daughter too. She uses her fathr’s surname. The DSWD told me, no need to have the consent fromt he father since I am the mother, it is automatic that i have the full custody of the child, unless the father will travel with the child, He must get a consent from the mother but if the mother will travel with the child, no need for a consent from the father. it is automatic, whether separated or not. The mother has ful custody of the child.
My fiancee wants to apply a fiancee visa ,and he wants me to be with my son going to us ,because he loves a lot my son and also his kids wants to see my son also as soon as i get there.any possibility on tht?tht i’m with my son going with me in us?thank u
American citizens who would like to marry a foreign national in the United States should file a fiancé(e) visa petition (Form I-129F) with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over their place of residence. The USCIS must first approve the visa petition before a fiancé(e) visa application can be considered.
The U.S. Citizenship and Immigration Services (USCIS) is a separate agency that has sole authority over the adjudication of visa petitions and applications. After USCIS has approved the petition, the agency will send this to the National Visa center (NVC) for pre-processing. NVC will then forward the approved petition to Embassy Manila where the beneficiary will apply for a K1 nonimmigrant visa.
You may wish to visit the following websites:
(1) http://manila.usembassy.gov/wwwh3204.html (2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a16066e7d9fd4210VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD (3)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD
(4) http://travel.state.gov/visa/immigrants/types/types_1326.html
which provide comprehensive information on how a U.S. citizen may bring a Filipino spouse or fiancé(e) to the United States.
We hope this information is helpful to you.
Hello good day I am married before to a filipino but migrate in the US after a year we seperate.when I work in singapore I met a filipino american he want to marry me but im still married to my ex.after 4 years we found out that he filled a divorce already coz hes an amerian citizen now.now my question is can my bf file a k1 visa for me?they will honor my divorce decree from the US?pls help me bcoz
To qualify for fiancé(e) (K1) visa classification, the petitioner and beneficiary must be unmarried or their previous marriages have ended through divorce, annulment or death.
You must submit proof of termination of your marriage to prove that you are legally free to marry your petitioner.
For more information about applying for a K-1 Visa Form, including how to file your application or filing locations and other matters, call the USCIS National Customer Service Center at 1-800-375-5283 or visit USCIS website at http://www.uscis.gov
Additional information regarding visa petitions may be obtained from the following websites which provide comprehensive information on how a U.S. citizen may bring fiancé(e) to the United States:
(1) http://www.uscis.gov/portal/site/uscis
(2) http://travel.state.gov/visa/immigrants/types/types_1315.html
(3) http://manila.usembassy.gov/wwwh3204.html
But they said that USEM will ask a cenomar from me.is this true?we dont have divorce here in the philippines and I heard also that I need to file a judicial recognition of foreign divorce decree.thank you so much for your reply,we realy dont know what to do and we want to make sure the right move before filling
Thank you for your interest in the VISAtisfied Voyager.
Yes, the CENOMAR is required for all visa categories in which the applicant needs to be unmarried, like F2B, F1 (unmarried son or daughter of a U.S. citizen), and K1 (fiancé). You can get a CENOMAR from the National Statistics Office (NSO), and you need to submit one to us on NSO paper.
A list of documentary requirements and procedures to follow in preparation for the visa interview is available from the Embassy’s website at http://manila.usembassy.gov/wwwh3238.html. The consular officer determines if any additional or updated documents are needed as the application is processed.
Hello good day!if I’ll get a CENOMAR my previous marriage will show coz we’re not annulled here in PI we’re just divorce in US.so it means that I realy need to file a judicial recognition of foreign divorce decree here before filing a k1 visa in USCIS?thank you so much for your help
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
To qualify for fiancé(e) (K1) visa classification, the petitioner and beneficiary must be unmarried or their previous marriages have ended through divorce, annulment or death.
Abpetitioner must submit a copy of his/her divorce decree to prove that he/she is legally free to marry his/her fiance(e).
Hi, I am Filipino married with us citizen, I got 2 kids a 12 and 10 years old.. I live in states now, we will petition the 2 kids soon.. My question is when they go for interview in USEM, does NVC give the appointment date for their interview, coz was planning to come with them to do all this paper works for they are minor and I am the mother? Or we can call USEM for their interview appointment? Thanks you, hopping for info..
Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.
Once your children’s priority date becomes current for processing and their case becomes documentarily qualified, NVC will send the applicants and the petitioner appointment packets and will subsequently forward their case to Embassy Manila as soon as an interview slots becomes available for them. If their priority date is current for over three (3) months and they have not received an appointment letter, applicants or the petitioner may wish to contact NVC by telephone at (603) 334-0700 or by e-mail at NVCInquiry@state.gov to ascertain the status of the case.
Hi im from Philippines and i got my k-1 visa last month, my fiance petition I-129F and he include my son, now i want to know what should i do to take my son with me? i already said to the forms that my son will follow?
Thank you for your interest in the VISAtisfied Voyager.
We understand that your son will be following-to-join you in the U.S. He need not be present at your visa interview.
Please be aware that under U.S. immigration law and regulation, issuance of a fiancé(e) derivative (K2) visa must follow within one year from the date the fiancé(e) visa (K1) was issued to the principal applicant. Once you are prepared to have your son join you in the U.S., you or his adult representative should visit this website:http://www.ustraveldocs.com/ph to schedule a visa interview appointment. The applicants’ guardian may also contact the Embassy’s Visa Information and Appointment Service at (632) 982-5555 to schedule a visa interview date. The Visa Information and Appointment Service is open Mondays through Fridays, from 8:00 a.m. to 8:00 p.m. (Manila time), except on U.S. and Philippine holidays. Callers in the USA may contact the Appointment Service at (214) 571-1600 between 8:00 p.m. and 8:00 a.m. (Eastern Standard Time).
Callers should have the applicant’s case number, passport number, and passport expiry date ready when requesting a visa appointment. Please note that K2 applicants must pay the visa application fee before they can request a visa appointment via the online appointment website or the Embassy’s Visa Call Center.
Hello there. I am under fiance petition and currently on my 8months pregnancy with my fil-american fiance. We were just wondering what will happen if i had an interview after giving birth. And what will happen to our baby cuase obviously we also want the baby to be with us in america. Will the consul.give us.both visas for me and my baby? Thanks hoping for a reply..
Thank you for your interest in the VISAtisfied Voyager.
Once you are ready to initiate processing your fiancee visa application, you should contact the Embassy’s call center to schedule a visa interview appointment.
Your unborn child may have possible claim to U.S. citizenship derived from your fiance. You may wish to contact the Embassy’s American Citizen Services (ACS) regarding this matter.
hi, my U.S. Citizen boyfriend is going to file for a k1 visa. I have a daughter and want him to include in the form I-129F, my daughter’s father in her birth certificate is “unknown”, would that be a problem?
And she is 3years old, is she required to get a passport? Please help.. Thank you
Applicants are required to submit their birth certificate issued on security paper by the Philippine National Statistics Office and a passport that is valid for at least six (6) months. The adjudicating consular officer will determine during the visa interview if additional documentation would be required to process the case to completion.
hi, i’m from the philippines. i really need to be enlightened on this matter. my daughter was born illegitimate but acknowledged by her father (she’s using his family name). a year after, her father and i got married but separated ways and already have our marriage annulled. then my high school friend and i got together and later on decided to get me a k-1 visa and bring my child ,as well, to US. do we need the consent of my child’s father in order to proceed with her petition? looking forward to a reply. thanks.
Before issuing an immigrant visa, consular officers must be completely satisfied that an applicant qualifies for the visa under the law.
The adjudicating consular officer will determine during the visa interview if additional documentation, such as a signed and notarized letter from the biological parent(s), would be required to process the case to completion.
If there are no disqualifying factors, for example a court order barring an individual’s departure from the country or awarding custody of the child to someone other than the petitioning parent, consular officers are obliged to issue the immigrant visa.
hi,i would to ask about my problem,how it affected to my child petition.that before my k1 visa i dont put the name of my child…coz my husband now who is us citizen planning to petition my child in the philippines..
Thank you for your interest in the VISAtisfied Voyager. For privacy reasons, the Embassy does not address specific case concerns publicly on this blog. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov, with your complete name, date and place of birth, and the 10-digit visa case number, clearly indicated.
Hello. I am a FIlipino. My fiance is an American. I have been approved with K1/K2 fiance visa where my daughter is going with me. The problem here is that the attorney had a stroke and could not finish the adoption on time so can our daughter follow us when the procedures are complete?
Thank you for your interest in the VISAtisfied Voyager. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov with your complete name, case number, and current contact information clearly indicated.
Hi there. I just want to ask if I can petition my son who will turn 21 this oct.
My visa just arrived last dec 21 2012 and i am here right now
staying in alaska. Will marry a US citizen here asap, can you please help me if what can I do to expedite his visa application. And i am not yet US Citizen. Pls help
Thank you for your interest in the VISAtisfied Voyager.
Generally, in order to be eligible for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s), U.S. lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition filed with U.S. Citizenship and Immigration Services (USCIS).
You may wish to visit the following websites for comprehensive information on how a U.S. lawful permanent resident may bring a Filipino spouse to the United States:
1) http://manila.usembassy.gov/wwwh3204.html
2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=91f9597a46f7b110VgnVCM1000004718190aRCRD&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1RCRD
3) http://travel.state.gov/visa/immigrants/types/types_1315.html
We hope this information is helpful to you.