Legal Question in Immigration Law in Virginia

when my wife moved here as my fiance under a K-1 Visa she did not claim her son on the forms. we have been married for almost 3 years and considering bringing him here. He is 8 years old and autistic. We made the decison to leave him there until we were prepared as a couple to bring him here since change is so calamitous to an autistic child especially to a new country and language. What steps should we take and are there negative ramifications for my wife since she omitted him from her initial forms?


Asked on 10/15/09, 10:06 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You should have disclosed all children of your fiancee on the Fiancee visa petition.

She can't petition for him, but you, as a US citizen step-parent, can petition for him.

Yes, there could be a problem because of her child being omitted from the previous petition AND visa application.

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 10/20/09, 11:02 pm


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