If I’m an American who is marrying a Colombian citizen who has 2 minor children and I file an I-129f, does that include the children?

Asked on February 16, 2016 under Immigration Law, Tennessee


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if you are filing for her as a fiancee, she and her minor children will be all included as dependents for getting the K-1 and K-2 visas .  If you get married first and petition for her, she and each of her children will need a separate petition because immediate relatives are not eligible for dependent visas.

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