Overstay, K2 Dad is US citizen, K1

[Sweden1 0]

Hi VJ'ers,

It's great to be here. A few questions for those in the know.

Recently engaged, My future wife is Swedish and lives there now. She had previously overstayed in the states 8 years ago and since has returned to Sweden. She has a child who's father is American and the child was born in Sweden.

1. Filing the K1, Will the fact of the overstay hinder the process?

2. Concerning the american father, Will I need permission from him to bring the child into the USA (he has not been a part of their life) or can I have him as a K2 in a normal K1 filing.

Thanks

Al

[Penguin_ie 6,005]

How long was the overstay? How did she leave(ie just left, got voluntary departure, was deported etc)?

The child has a USC father, it is probably a US citizen too, so no need fora visa.

[Sweden1 0]

How long was the overstay? How did she leave(ie just left, got voluntary departure, was deported etc)?

The child has a USC father, it is probably a US citizen too, so no need fora visa.

the overstay was 5 years and she just left without marriage

The child was born in Sweden,the father is a US citizen

[payxibka 10,048]

the overstay was 5 years and she just left without marriage

The child was born in Sweden,the father is a US citizen

The overstay and departure resulted in a 10 year re-entry ban for your fiancee... Yes it will impact the issuance of the K-1 and will require a waiver.

The child simply being born in Sweden is not a final determination of whether or not the child is a citizen or not. Citizenship can pass as the result of parentage (ie. at least one parent being a qualified USC at the time of the child's birth). You will need to sort this out as the consulate will not issue a visa to an individual who is a USC.

[JimVaPhuong 4,865]

The overstay and departure resulted in a 10 year re-entry ban for your fiancee... Yes it will impact the issuance of the K-1 and will require a waiver.

The child simply being born in Sweden is not a final determination of whether or not the child is a citizen or not. Citizenship can pass as the result of parentage (ie. at least one parent being a qualified USC at the time of the child's birth). You will need to sort this out as the consulate will not issue a visa to an individual who is a USC.

This is correct. I would just add that the consulate will also not issue a visa to someone who can claim US citizenship. When they discover the father is a US citizen they'll insist that the child's citizenship be established, and the child get a US passport.

[Sweden1 0]

This is correct. I would just add that the consulate will also not issue a visa to someone who can claim US citizenship. When they discover the father is a US citizen they'll insist that the child's citizenship be established, and the child get a US passport.

Your feedback is greatly appreciated. While this adds another challenge to this process because it won't be easy to convince/motivate the father.

If the mother has sole custody w/o documentation of child since birth, Is there any other way to convince the consulate to make an exemption on the child visa?

What if I proceed with a direct consular method with an affidavit from the father given him permission to migrate to the USA?

Jim- your comment seems so certain that procedure is done by all consulates. Do you think there is another way around this base on the fact she has sole custody? and there was no marriage

Pay - The overstay is 8 not 5, How long does it take to get a waiver, Where do you get such a waiver?

Thanks again for all your responses

Al

[sachinky 465]

The K-1 visa will be denied at the interview for the over-stay and you will have the opportunity to submit the waiver at that point.