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GH8283

Waiting for a K-1 Visa, is it worth it to try for a Visitor Visa?

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Everyone here seems much more knowledgable and trustworthy than the goverment and my lawyer so before I do anything/have "false" hope I thought I would ask here first. For those that don't know. My K-1 Visa application was accepted December 10th, 2014. It is in the TCS. I am 8 months pregnant. My fiance lives in Italy. We have tried twice to get a visitor visa, so he could be here for the birth of the baby. He was denied the 2 visitor visas because he did not have any ties to Italy. He is 32, lived (and family has lived in ) Italy their entire lives.

Today I got a letter back from one of my Senators. It stated in part: "If you decide to try again with the visitor visa, please let me know. I can send you a Privacy Waiver and contact the consulate ahead of time, which is no guarantee of obtaining a visa, but it's always worth trying..."

I have read on here of people visiting while awaiting a K-1 several times, with no problems. Honestly, do you think we should give it one more shot? Or is it money and time in the trash?

Edited by GH8283

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Are the visitors you refer to people who visited with a visa waiver or an existing visitor visa? I think if you already had a valid visitor visa (or lived in a visa waiver country) it would be a lot easier. Does your fiance have more proof of ties to Italy since filing for the previous visas? If not, he is likely to be denied on the same grounds. I'd suggest you visiting him, but at eight months pregnant, that is not an option.


Lee & William

8/2/2014 - Sent I-129F Petition with USPS by Express Mail
8/4/2014 - I-129F delivered to dropbox
8/6/2014 - NOA1 Text/E-Mail received
8/11/2014 - Alien Registration Number Changed (Text/E-Mail) / NOA1 Letter received by Mail
3/16/2015 - NOA2 Text/E-Mail received (224 days)
3/20/2015 - Sent to NVC
3/31/2015 - NVC Received
4/1/2015 - Case Number Assigned
4/7/2015 - NVC Sent to Embassy
4/10/2015 - London Embassy Received
4/11/2015 - Medical
4/15/2015 - Packet 3 Received
4/12/2015 - Packet 3 Sent
4/23/2015 - Packet 4 Received
5/18/2015 - Interview - APPROVED
5/30/2015 - Visa collected from courier
6/1/2015 - POE
6/14/2015 - Wedding

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It is a long story, but he was denied entry in October because he wrote on his Facebook page he was engaged. This was enough of a reason for the agents at the Boston airport to believe he would "stay" even though, that honestly was not our/his intention. They did not bar him from entering the US, but now, instead of only needing an ESTA, he needs a visa.

We tried twice to get a visitor's visa (B-1) but he was denied becasue he did not have "ties" to Italy that would prove he would go back.

Italy is not what people think, at least in the area he is from. The ecconomy is horriable. He works full time (self employeed), but not always for money, sometimes for a trade or food... this is normal where he is from. He, like everyone in the region, lives with his family, from grandparents to nieces and nephews. His life is normal for where he is from, but he has no morgage payment, desk job, car payment.... the things I am begining to see are "ties" to your country.

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It is a long story, but he was denied entry in October because he wrote on his Facebook page he was engaged. This was enough of a reason for the agents at the Boston airport to believe he would "stay" even though, that honestly was not our/his intention. They did not bar him from entering the US, but now, instead of only needing an ESTA, he needs a visa.

We tried twice to get a visitor's visa (B-1) but he was denied becasue he did not have "ties" to Italy that would prove he would go back.

Italy is not what people think, at least in the area he is from. The ecconomy is horriable. He works full time (self employeed), but not always for money, sometimes for a trade or food... this is normal where he is from. He, like everyone in the region, lives with his family, from grandparents to nieces and nephews. His life is normal for where he is from, but he has no morgage payment, desk job, car payment.... the things I am begining to see are "ties" to your country.

Not sure anything would change now then....especially being denied twice before and with a K1 on the way. What exactly are the agents to think? What is going to make them believe he we leave?

Possible? Yes

Likely? No

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Why don't you abandon the k1, go to Italy, marry, and then file an I-130 from abroad and wait it out? It sounds like he has a family structure in place to support you two. There are worse places on this planet to wait out a 12 month spousal immigration visa than Italy...even rural Italy.

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You are correct, I guess, I have concerns about how far I am in the K-1 process. I would hate to cancel the K-1, only to find out I have a few more months to wait, but then on the other hand, if I have a longer wait, and maybe the K-1 won't be approved, I want to start the process now. Like everyone here, I just want my family to be together, quickly.

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Here's my 2c, for what it's worth.

It's not the waiting that got to us. It was that we aren't able to wait together. That's the part that hurts.

I think you need to have a look at your situation and decide what is important to you in the long term, and what you are willing to sacrifice now to achieve it.

I'm sure you'd like your fiance to be with you for the birth of the baby. Is it an option for you to live in Italy for a year, give or take, while you apply for the spousal visa? Will you be able to satisfy the income requirements when you return to the US under a CR1?

Can you travel at 8 months pregnant? If you are able to do the above and being together is important to you (which of course it is), then it may be worth looking at this option.

You don't get back any of this time. You won't get back the time you are unable to share with the birth of your baby and those precious first months of his or her life. You, your fiance and your new little family are more important than where you live for a while.

Whatever you decide, I'm sure you and your fiance will make the best decision with the available options that you can and we wish you all the very best :)

Edited by wbeem

Lee & William

8/2/2014 - Sent I-129F Petition with USPS by Express Mail
8/4/2014 - I-129F delivered to dropbox
8/6/2014 - NOA1 Text/E-Mail received
8/11/2014 - Alien Registration Number Changed (Text/E-Mail) / NOA1 Letter received by Mail
3/16/2015 - NOA2 Text/E-Mail received (224 days)
3/20/2015 - Sent to NVC
3/31/2015 - NVC Received
4/1/2015 - Case Number Assigned
4/7/2015 - NVC Sent to Embassy
4/10/2015 - London Embassy Received
4/11/2015 - Medical
4/15/2015 - Packet 3 Received
4/12/2015 - Packet 3 Sent
4/23/2015 - Packet 4 Received
5/18/2015 - Interview - APPROVED
5/30/2015 - Visa collected from courier
6/1/2015 - POE
6/14/2015 - Wedding

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Why don't you abandon the k1, go to Italy, marry, and then file an I-130 from abroad and wait it out? It sounds like he has a family structure in place to support you two. There are worse places on this planet to wait out a 12 month spousal immigration visa than Italy...even rural Italy.

As Wbeem said can she travel being 8 months pregnant?

And if the baby is born in Italy wouldn't that make the baby a Citizen of Italy? I would have a concern with this in case for some reason it doesn't work out between her and the fiance, she may have to fight to get the baby, if fiance protests her taking him/her.

Edited by coniefl

Service Center : Texas Service Center

Consulate : Bolivia

I-129F Sent : 2014-08-08

I-129F NOA1 : 2014-08-14

I-129F NOA2 : 2015-02-20

I-129F NOA2 hard copy recieved: 2015-03-02

USCIS to NVC: 2015-03-02

NVC Received : 2015-03-10

NVC Left : 2015-03-31

Consulate Received : 2015-04-06

Packet 4 Received : 2015-04-09

Interview Date : 2015-04-30

2nd Interview Date : 2015-05-04

Interview Result :

Visa Received :

Estimates/Stats : Your I-129f was approved in 190 days from your NOA1 date.[/b][/color]

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No, the US is one of the few countries that make you a cititzen simply because you were born there. Euro countries, including Italy, do it by parents cititzenship, where you are born doesnt matter, you just have to register it.

And I would think the father has a right to the baby no matter what.


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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Webeem are a family member? You sound just like them! :)

I would be pushing it traveling at 8 months. I was in Italy for the last 3 months. When I was there I truly believed that we would be coming back together. I had not found this site and lately feel my attorney has not been as forthright about the process as he could have been with me.

My reasons for coming back (that we made together) was 1. we felt it was important for the baby and my fiance the baby be born in America and an American citizen. 2. I do not have a lot of resources to be able to keep my home up/bills paid if I stayed in Italy, or how would I get what I had and pay the bills for storage. We felt it was important that we have somewhat of an established life here, especially for the baby.

now that I am here alone and realizing how much further we have to go (k1 accepted dec. 10) I am struggling with what are the best choices for our baby and us.

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No, the US is one of the few countries that make you a cititzen simply because you were born there. Euro countries, including Italy, do it by parents cititzenship, where you are born doesnt matter, you just have to register it.

And I would think the father has a right to the baby no matter what.

I don't understand why you would think the father would have the right to the baby no matter what, maybe I am just used how it in the US and that is another Euro thing. Here in the US I believe the majority of the cases of divorce and separation the children are awarded to the mother. So, if that is the way it is over there maybe its not a good idea for her to go because of the possibility that no matter what the father will end up with the baby.


Service Center : Texas Service Center

Consulate : Bolivia

I-129F Sent : 2014-08-08

I-129F NOA1 : 2014-08-14

I-129F NOA2 : 2015-02-20

I-129F NOA2 hard copy recieved: 2015-03-02

USCIS to NVC: 2015-03-02

NVC Received : 2015-03-10

NVC Left : 2015-03-31

Consulate Received : 2015-04-06

Packet 4 Received : 2015-04-09

Interview Date : 2015-04-30

2nd Interview Date : 2015-05-04

Interview Result :

Visa Received :

Estimates/Stats : Your I-129f was approved in 190 days from your NOA1 date.[/b][/color]

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You are correct, I guess, I have concerns about how far I am in the K-1 process. I would hate to cancel the K-1, only to find out I have a few more months to wait, but then on the other hand, if I have a longer wait, and maybe the K-1 won't be approved, I want to start the process now. Like everyone here, I just want my family to be together, quickly.

Especially because you've mentioned before about your concerns about them not accepting a co-sponsor for the financial piece, and as you and I discussed, that would mean you'd have to go to Italy and go the CR-1 route. I still don't know the answer on if Naples is one of those that do not accept a co-sponsor for that, we'd need to find another Italian petitioner. Mostly, if I was in your shoes and if I was willing to walk away from my job (or they were willing to hold it for a year or so), I'd be in Italy by now. I do realize that you may not want to or be able to leave your job (and I wouldn't either although I'd seriously consider it).

Bottom line, though, it really seems like they're not going to give him a tourist visa (has anything substantial changed since his last attempt?) so you'd be better off saving your money.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Webeem are a family member? You sound just like them! :)

I would be pushing it traveling at 8 months. I was in Italy for the last 3 months. When I was there I truly believed that we would be coming back together. I had not found this site and lately feel my attorney has not been as forthright about the process as he could have been with me.

My reasons for coming back (that we made together) was 1. we felt it was important for the baby and my fiance the baby be born in America and an American citizen. 2. I do not have a lot of resources to be able to keep my home up/bills paid if I stayed in Italy, or how would I get what I had and pay the bills for storage. We felt it was important that we have somewhat of an established life here, especially for the baby.

now that I am here alone and realizing how much further we have to go (k1 accepted dec. 10) I am struggling with what are the best choices for our baby and us.

Your child will be am American citizen no matter where he is born. For sure. Eligible for presidency and everything (probably. The courts have never been asked to settle this but it is pretty clear what the answer would be if it ever gets taken that far). It's an extra step of paperwork to register his birth abroad but he will be a "born citizen" (that is, eligible for citizenship upon and because of his birth). It's a serious pop-culture misunderstanding of US immigration and citizenship--and there are many of those, as you know. Think about it-- how many people have you met think that the solution to your current problem is to "just get married" and he's magically a citizen with a passport and everything? That you just get married and hop on a plane like bringing home a puppy? Lots, I bet, if your experience is anything like mine. And how wrong is that?

Just like people think that "born off US soil" means that you're not a "born citizen". Totally false. People think that just because the fact that being born on US soil means that you are *automatically* a citizen means that the opposite--that being born off soil means that you are not a citizen-- must also be true. Nope, not at all. It's a lazy step of logic and very simplistic in black-and-white terms. There are other ways of being a born (as opposed to naturalized) US citizen besides being born on our soil.

Too bad she can't have the baby in the US. Anchor babies are good. :goofy:

What in the world are you talking about? That child doesn't need to be born here to be a citizen. And the mother doesn't need to have an "anchor baby" (rude terminology) to be able to stay here either---seeing as how she herself is a citizen.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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