k-1 visa concern with a daughter just born

[purplesnow 0]

Here's the case:

My fiance came here with a tourist visa on Jan,2006,at that time he was 16(his birthday is on Aug 1990). He extended his visa one time for another 1/2 year. We met in Sept 2007. I was pregnant with his daughter in July 2008, he voluntary left new york on Feb 19,2009(which makes him 175days after his 18th birthday). I want to bring him to the US sooner!! im very desperate to united with him with his daughter.

From what i read in the forum the 3/10 bar ban shouldnt applied to him???

Will US still count him as overstay for being so close to the 3 years bar date?

but i want to know what other diffculities will i have to file the k-1 visa for him?and how long does it usually take, how high is the successful rate??

can i include his daughter in this case? will they care?? is DNA test nesscary?

because he left new york before she was born, so her birth certificate doesnt have his name on it.

For proof of relationship:

-I have pictures with him but not very very sweet ones, because my father was beside us. But i do have some pictures with him when i was pregnant and not pregnant.

-I have cell phone bills, but it doesnt show his number from HK because we are using phone cards, should i still include in the package??

-I have e-mails but not day to day,and it's in chinese, do i need to translate it??

-I have save mailing reciepts from the package that he sends me

is this enough??

Also i want to know what does he need to save up for k-1 visa in HK? and what does he need to prepare for?? (his english is not the great great type)

I noticed a lot of experts in this forum, so i was wondering if anybody can help me answer a few of these questions and provide some suggestion for me. Thank you!

If anybody can at least talk to me and guide me through the process i would appericate it, for im deeply depress about not having him by my side.

[Anh map 2,098]

Read the Guides at the top of any VJ page to familiarize yourself with the process, the time, and the costs involved.

Are you earning at least $22,877? If not, then you will need to find a co-sponsor for your fiance for the I-134 and I-864.

[Gary and Alla 3,696]

Here's the case:

My fiance came here with a tourist visa on Jan,2006,at that time he was 16(his birthday is on Aug 1990). He extended his visa one time for another 1/2 year. We met in Sept 2007. I was pregnant with his daughter in July 2008, he voluntary left new york on Feb 19,2009(which makes him 175days after his 18th birthday). I want to bring him to the US sooner!! im very desperate to united with him with his daughter.

From what i read in the forum the 3/10 bar ban shouldnt applied to him???

Will US still count him as overstay for being so close to the 3 years bar date?

but i want to know what other diffculities will i have to file the k-1 visa for him?and how long does it usually take, how high is the successful rate??

can i include his daughter in this case? will they care?? is DNA test nesscary?

because he left new york before she was born, so her birth certificate doesnt have his name on it.

For proof of relationship:

-I have pictures with him but not very very sweet ones, because my father was beside us. But i do have some pictures with him when i was pregnant and not pregnant.

-I have cell phone bills, but it doesnt show his number from HK because we are using phone cards, should i still include in the package??

-I have e-mails but not day to day,and it's in chinese, do i need to translate it??

-I have save mailing reciepts from the package that he sends me

is this enough??

Also i want to know what does he need to save up for k-1 visa in HK? and what does he need to prepare for?? (his english is not the great great type)

I noticed a lot of experts in this forum, so i was wondering if anybody can help me answer a few of these questions and provide some suggestion for me. Thank you!

If anybody can at least talk to me and guide me through the process i would appericate it, for im deeply depress about not having him by my side.

Are you a US citizen? was the daughter born here? If so she is a US citizen and it would not affect the visa.

Not sure about the overstay. I have read where under 18 does not count, if that is the case then he is under 180 days overstay and it shouldn't affect anything. The above advice regarding finances is correct. He doesn't need any financial support or income...you do. Photos do not have to be "sweet" Sour photos will work. As long as you can show you were together within the last two years.

Read the guides for general information on K-1s and other visa types.

[purplesnow 0]

Read the Guides at the top of any VJ page to familiarize yourself with the process, the time, and the costs involved.

Are you earning at least $22,877? If not, then you will need to find a co-sponsor for your fiance for the I-134 and I-864.

but i dont need the sponsor information until the 3rd package?? or i need to find one now??

my daugther is born here, but he left before she was born, so in new york they wont allow the father's name to be putten on the birth certificate.

i want to know "G-325A (all four pages) filled out by the foreign fiance(e) signed and dated (see example)"

does it mean that i need to mail the application to HK to get my fiance's signature?

"One passport-type photo (see specification) of the foreign fiance(e). Write the full name of the foreign fiance(e) on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance(e) name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a. "

does this mean that i have to wait for him to take the pictures and mail it to me before i start anything??

and im 23 this year and he's 19 will this sound like we're lying?? should i get a lawyer invovled?? i dont want my visa to be deined. Thats why i want our daughter to get involved.

[JimVaPhuong 4,865]

Read the Guides at the top of any VJ page to familiarize yourself with the process, the time, and the costs involved.

Are you earning at least $22,877? If not, then you will need to find a co-sponsor for your fiance for the I-134 and I-864.

but i dont need the sponsor information until the 3rd package?? or i need to find one now??

my daugther is born here, but he left before she was born, so in new york they wont allow the father's name to be putten on the birth certificate.

He could claim paternity, but what's the point? Your daughter is a US citizen living in the United States. She will have no effect whatever on his visa application. There isn't even anyplace on the petition forms to list her.

i want to know "G-325A (all four pages) filled out by the foreign fiance(e) signed and dated (see example)"

does it mean that i need to mail the application to HK to get my fiance's signature?

Yes.

"One passport-type photo (see specification) of the foreign fiance(e). Write the full name of the foreign fiance(e) on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance(e) name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a. "

does this mean that i have to wait for him to take the pictures and mail it to me before i start anything??

Yes.

and im 23 this year and he's 19 will this sound like we're lying?? should i get a lawyer invovled?? i dont want my visa to be deined. Thats why i want our daughter to get involved.

Your daughter is not going to help the process one iota. The only effect she could have is if you waited for her to turn 21, then SHE could petition for her "father" without your help. Other than that, she's an additional dependent you'll have to list on the I-134.

Whether or not you get a lawyer involved depends on whether you think you can read and understand what you need to do to complete the petition and help him with the application. If you're reasonably bright, then it's likely you'll do a better job than a lawyer would because you'll give your case a lot more personal attention than a lawyer would.

I hired a lawyer for advice because my fiancee is going through one of the toughest consulates in the world, and I want advice from someone who is intimately familiar with that consulate. But, I'm handling all of the paperwork and making all of the decisions myself.