Should we file for k1 visa or cr1 visa? 1 Answers as of March 28, 2011My fiancé has a 5-year-old son from her past relationship. How do we bring him with us? We wanted to know how we can include him in the cr1 process? Should we file a separate cr1 petition together with her mom (at the same time)?
Nicastro Piscopo, APLC | Louis M. Piscopo
If you file an Fiance Petition (Form I-129F), your fiance is eligible for a K1 visa and her son is eligible for a K2 visa. If you get married and file an I-130 Petition (which I assume you mean by a CR1), then you have to file separate petitions for each of them.
Answer Applies to: California