QUESTION

Can i exclude my fiance son off affidavit of support since he's not coming?

Asked on Oct 27th, 2013 on Immigration - Georgia
More details to this question:
My fiance has never been married, but has a son out of wedlock. Do we need to prove this at interview and prove she's decease? His son is living with his deceased mom's parents. We listed him on K-1 petition even though he won't be following or coming no time soon.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As long as the American consular officer approves the K-1 visa, the decision of whether to bring a child or not is up to the petitioner and beneficiary. So you certainly can exclude your fiancé's son from your affidavit of support if he is not coming.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Nov 24th, 2013 at 6:39 PM

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