Detroit, MI asked in Immigration Law for Michigan

Q: Hello. I filed the i-130 for my husband. I am now working on the i-129 for a K-3 visa. One of the questions asks:

Hello. I filed the i-130 for my husband. I am now working on the i-129 for a K-3 visa. One of the questions asks: “Does Your beneficiary have any children?”

The beneficiary is my husband and we have one son together. My husband was not previously married and does not have any previous children.

My question: is the question asking about children who are my husbands kids and not mines? Or including our child?

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1 Lawyer Answer

Allen C. Ladd

  • Immigration Law Lawyer
  • Greenville, SC

A: Your husband has only one child, correct? The child you have together, right? Then the answer is clear, he (the beneficiary) DOES have a child. That is exactly what the question is asking about.

If you have children through another relationship, they are his stepchildren, and it is my practice to list them as well, and when possible to identify them as his stepchildren, regardless of their age. Other attorneys may differ, but that is in my opinion the best way to approach the question, to avoid any possible misunderstanding later on.

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