K-1 Fiance Visa

[Altiman14 0]

Basically I am in America and want my Fiance Olga to come back as soon as possible and it just seems like this entire visa stuff is endless and almost impossible to complete. Olga and I have been together for 3 years now after meeting at a summer camp we both worked at for people with special needs and which she originaly came here for on a legal work visa (I dont know which one it was exactly) so since then we have lived together and been just like any other normal couple in America. Olga then attended Sacred Heart University and extended her visa once and again I dont know the exact visa she got approved for but the second time she went to renew it and the University kinda took there time and she ended up being denied so she overstayed knowingly for about a year and worked under the table at very nice pizza place. In June I asked her to marry me and she said yes. To make a long story short she went home for a reason I dont want to really put out there and then found out she was 3 months pregnant with my kid so I am wondering how exactly is the best way to get her here fast and what is going to happen about her overstaying??? We are in the process of the K1 visa and have completed all the forms and just need to get pictures and all the proof of relationship requirments done. I guess I just want to hear from someone who went through all of this because its difficult and she is getting irritated im not listening to her enough.. Any help would be great. Thanks

[CareBear 18]

The good news is that whilst the paperwork and time apart at times is tedious and trying it's not endless and can be completed with a little care and patience lol.

The bad news is its not quick - up to 5 months processing through USCIS and then additional time to get through the NVC and Consulate/Embassey stages.

The overstay I believe could be an issue as it could have triggered a time ban once she left the US but I'll let one of the resident experts comment on that bit.

Good luck.

[Inky 1,110]

Its likely she will have the baby before the visa or right on the visa interview date time area.. You might want to look into consular birth abroad as well just incase for the baby when its born.

[newlyweds2010 208]

more than 180 days overstay = 3-year ban; more than 1 year overstay = 10-year ban. when you are adjudicated and your case is sent to the US consulate in the Ukraine, more than likely she will be denied her visa at the interview. at that point you can file an hardship waiver. I'm not an expert but I'd say that the odds of success are quite in your favor, since you also are going to have a baby who will be a USC.

Edited September 22, 2010 by newlyweds2010

[Gary and Alla 3,694]

more than 180 days overstay = 3-year ban; more than 1 year overstay = 10-year ban. when you are adjudicated and your case is sent to the US consulate in the Ukraine, more than likely she will be denied her visa at the interview. at that point you can file an hardship waiver. I'm not an expert but I'd say that the odds of success are quite in your favor, since you also are going to have a baby who will be a USC.

Correct. File the petition. It should get approved and sent to Kiev. Kiev will deny the visa and you can have a prepared waiver request. You cannot request a waiver without a denial first. Unfortunately her returning to Ukraine has now triggered the visa ban, had you acted on this before one year or had she remained in the US while you filed an I-130 (which would mean you would have to be married) it could have been worked out here. Now you have no choice but to follow the steps and go through the process. When the baby is born (it WILL be born before she is granted a visa) file a CRBA with the US consulate and get the child US citizenship and a US passport. Ukraine does not allow dual citizenship so best to just be quiet about that, the US will not tell, no that it really matters much.

[Ryan H 3,791]

To make a long story short she went home for a reason I dont want to really put out there and then found out she was 3 months pregnant with my kid

Devil's advocate response, trying look at it through the perspective of a VO:

While the VJ community will respect your privacy, expect that a VO will not. It may come up in the first interview before a denial is issued because of the overstay. I figure a second interview at the embassy is required after you apply for the hardship waiver and I also figure it will still be necessary to prove a bona fide relationship. Assuming a visa is ultimately granted (no guarantees) you will still have the AOS process.

I'll reiterate, the "reason" does not need to be known here. However, VO's and USCIS adjudicators decide for themselves what they need to know during an interview when they see something like this in front of them. So what I'm saying is be prepared to discuss it at the embassy, USCIS office during AOS, or in both instances.

[Altiman14 0]

Ukraine does not allow dual citizenship!!?? So if she gets approved the baby is just screwed and has to stay there even though it is my child?? I dont understand that rule and I know I have to go through all the steps we are pretty much done and ready to send out the k-1 packet but some people say one thing and others say another. This entire thing is so confusing and gets to me because half of it is pointless. We have proof of relationship through lease statements, bills, phone records ect.. What else can I do? Is it pretty much a given she will be denied or is there any hope what so ever? I am kind of have mixed feelings about this now and we are ready to send out the first packet. I feel like now there is no way she can get approved and if by any chance she does get granted a interview they will know about the baby once they look at her. I mean I guess I just want to understand more about this dual citizenship and undestand the meaning behind it and if the baby is mine and im a US citizen why do I even need to have anything granted? Its my child and she is my fiance!!! Where do I go after I send out the packet what do I do besides wait and start the hardship waiver packet which I was panning on doing anyway? Any information is useful and I didnt mean to throw stuff out there thats not neccesary but its the truth and I wanted to tell the whole story so you people would know what the real situation is.

[Ryan H 3,791]

Ukraine does not allow dual citizenship!!?? So if she gets approved the baby is just screwed and has to stay there even though it is my child??

If she were to be approved, the baby would be allowed to follow; there are certain hoops to jump through. The fact of the matter is the baby is going to be born before any visa would be approved.

We have proof of relationship through lease statements, bills, phone records ect..

This is the key, did you keep in touch from the time she went back to Ukraine to the time you found out she was expecting? If the answer to that question is no, then my opinion is that a VO will have trouble believing your relationship is bona fide at that time.

What else can I do? Is it pretty much a given she will be denied or is there any hope what so ever?

As others have said, there will likely be a denial because of the overstay. With a child involved, you may be granted pursue a hardship waiver.

if the baby is mine and im a US citizen why do I even need to have anything granted? Its my child and she is my fiance!!!

Your fiancee overstayed a prior visa and was out of status for a year; there are penalties for that.

[JimVaPhuong 4,863]

Ukraine does not allow dual citizenship!!?? So if she gets approved the baby is just screwed and has to stay there even though it is my child?? I dont understand that rule and I know I have to go through all the steps we are pretty much done and ready to send out the k-1 packet but some people say one thing and others say another. This entire thing is so confusing and gets to me because half of it is pointless. We have proof of relationship through lease statements, bills, phone records ect.. What else can I do? Is it pretty much a given she will be denied or is there any hope what so ever? I am kind of have mixed feelings about this now and we are ready to send out the first packet. I feel like now there is no way she can get approved and if by any chance she does get granted a interview they will know about the baby once they look at her. I mean I guess I just want to understand more about this dual citizenship and undestand the meaning behind it and if the baby is mine and im a US citizen why do I even need to have anything granted? Its my child and she is my fiance!!! Where do I go after I send out the packet what do I do besides wait and start the hardship waiver packet which I was panning on doing anyway? Any information is useful and I didnt mean to throw stuff out there thats not neccesary but its the truth and I wanted to tell the whole story so you people would know what the real situation is.

First of all, relax.

Gary's choice of words may have misled you. Ukraine does not recognize dual citizenship. This isn't the same as not allowing it. The US doesn't recognize dual citizenship, either. Even so, there are thousands of people who are citizens of both the US and another country. You can still file a CRBA and your child will be recognized as a US citizen, and receive a US passport. The Ukrainian government has nothing to say about that. After that, the US will recognize ONLY the US citizenship of the child, and Ukraine will recognize ONLY the Ukrainian citizenship. The Ukrainian government can revoke the Ukrainian citizenship if someone voluntarily becomes a citizen of another country, but being a dual citizen by birth is not usually considered voluntary. The US also does not revoke US citizenship from someone who is a dual citizen by birth, but you still need to file the CRBA to get the US to recognize the child's US citizenship.

If she overstayed for more than 180 days and less than one year then she is automatically banned from entering the US for three years. If she overstayed for more than one year then she is automatically banned from entering the US for ten years. That is the penalty for violating immigration law. If she'd stayed and married you then she'd have been able to file for a green card, and the overstay would have been a moot point. Unfortunately, the ban was triggered when she LEFT the US. That's water under the bridge, so there's no use fretting about that.

She needs a waiver to get around the ban. That requires YOU to prove it will be a hardship for YOU if she is not allowed to return to the US. As was previously mentioned, she can't apply for the waiver until she's been denied a visa, but she CAN submit the waiver application as soon as the visa has been denied. There is an incentive for you to have prepared the waiver application in advance so that she can submit it at the interview. Spend some time in the waivers forum to see what you need to do:

http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[Altiman14 0]

Ryan H- We have kept in touch the entire time she has left and to be honest we knew she was pregnant before she left but I think both of us were not expecting it to be like this and the overstay being that much of a factor.. So now knowing she is probably going to be denied I am going to start a hardship waiver packet as soon as the K-1 is sent out.

JimVaPhuong- So its an automatic she will be banned and the K-1 visa attempt is basically going to be used just so we can file a hardship waiver? Thats what it sounds like to me and its just ridiculous all these laws and how severe the punishment is.. I mean she never got in trouble with the law, never collected welfare or did anything to use America just to be here and live easy, she went to school and worked her tail off. Is there any chance I could just go to Ukraine and marry her there? or is that not even a possibility? I will check the waiver section of the forums but what your saying about presenting the waiver packet at the interview mean I should send that out along with the K-1 at the same time so when she goes for an interview she can present it then and not have to wait another long period of time for the waiver to go through its entire process again?

[Ryan H 3,791]

Is there any chance I could just go to Ukraine and marry her there? or is that not even a possibility?

You can do that if you wish. However, you would not be able to file an I-130 until after you are married. Plus, when it would come time for her to interview, the overstay will still be an issue and a denial would likely be the result.

[Anh map 2,098]

Of course you can go to Ukraine and marry her. Then you would be submitting a spousal visa petition. The same issues with overstay will need to be overcome.

Whether we (VJ members) like it or not, there is a process and you have to follow the steps. There are a lot of experienced members with spouses and fiance(e)s from Ukraine and other countries that can offer great guidance.

I encourage you to read the VJ Guides and spend time in the RUB (Russia, Ukraine, Belarus) regional forum to learn what is ahead. The regional forum can give you country specific information.

Best of luck.

Welcome to VJ

[JimVaPhuong 4,863]

Ryan H- We have kept in touch the entire time she has left and to be honest we knew she was pregnant before she left but I think both of us were not expecting it to be like this and the overstay being that much of a factor.. So now knowing she is probably going to be denied I am going to start a hardship waiver packet as soon as the K-1 is sent out.

JimVaPhuong- So its an automatic she will be banned and the K-1 visa attempt is basically going to be used just so we can file a hardship waiver? Thats what it sounds like to me and its just ridiculous all these laws and how severe the punishment is.. I mean she never got in trouble with the law, never collected welfare or did anything to use America just to be here and live easy, she went to school and worked her tail off. Is there any chance I could just go to Ukraine and marry her there? or is that not even a possibility? I will check the waiver section of the forums but what your saying about presenting the waiver packet at the interview mean I should send that out along with the K-1 at the same time so when she goes for an interview she can present it then and not have to wait another long period of time for the waiver to go through its entire process again?

Being banned from the US is not a punishment because overstaying a visa is not a crime, which is to say that you can't be sentenced to jail for it. If DHS catches someone who is out of status then all they can do is force them to leave the US, which is what they should have done when their visa expired. Another VJ member likes to compare this with a guest who comes to a party and doesn't leave when the party is over. Once you discover the guest is still there you'll demand that they leave. For good measure, you won't invite them back for a while. She's your fiancee, so it's understandable that you would think this is grossly unfair. You are affected by the ban as much as she is, and you didn't do anything wrong. That's the whole reason that the hardship waiver exists. The US government will make an exception and lift the ban if it imposes a severe hardship on a US citizen.

The ban is more or less automatic. It depends on whether DHS properly recorded her exit from the country. Passenger carriers are required to report their passenger manifests to DHS for any carrier entering or leaving the US. They're also supposed to collect I-94's from non-residents. If this information was properly collected and distributed to DHS then they know when she left, they know she overstayed, and she'll be informed of the ban if she applies for a visa or attempts to reenter the US. If the information was not properly collected then DHS records probably indicate she is still in the US. They'll discover she's not when she applies for a visa or attempts to reenter the US. At that point, they'll want proof of when she left the US in order to determine if a ban applies. This does happen with some regularity, but not in the majority of cases. In most cases, they know when she left.

Marrying her would not affect the ban, but it might make it slightly easier to get the waiver approved. A hardship claim by a US citizen spouse might carry a little more weight than one by a US citizen fiance. I won't sugarcoat this for you - getting the waiver is difficult - many are denied. Your chances might improve considerably if you enlist the assistance of an immigration attorney with a lot of experience with the I-601 waiver process.

Edited September 25, 2010 by JimVaPhuong

[Altiman14 0]

Ok so going to Ukraine really wont speed up or help the situation dramatically and doesnt seem that much better of an option... I am almost done with the K-1 Fiance visa forms and almost ready to send them out. As the child goes... I shouldnt say anything about her being pregnant with my child and basically kind of hide it? I would think that would help the cause a great amount. When that child is born I can have it come to America right away correct or at least within a few months???? As far as DHS properly collecting her information on leaving the states she said they didnt stamp her deported or anything, she just gave them the ticket and simply got on the plane but she did overstay almost a year maybe even a little more. I am sure she will get denied the K-1 so I am going to start doing research on the waiver process and start getting that packet together and ready. I JUST WANT MY OLGA BACK AND THIS WHOLE PROCESS IS CONFUSING AND SO MUCH STUFF TO PREPARE AND THINK ABOUT!! I always thought you could just go to a country as a US Citizen and marry whoever and they could come back and I never and I know she never thought an overstay would be this dramatic even when she really didnt harm the country or violate any laws or abuse anything. I am so sorry if I ask the same things numerous times I am just overwhelmed and so confused. I am expecting a baby boy and I dont know if I will get to see his first year or 2 and I was expecting to marry my girlfriend of 3 and a half years next may and that just doesnt seem realistic anymore.... I am just scared of how long this will actually take and I get hope some days it will be a short smooth process and others I read something different and it seems like I wont see both of them for years, its bad enough I wont see my own baby be born. Thanks everyone I'm just venting a little to people who understand, sorry

[Gary and Alla 3,694]

Ukraine does not allow dual citizenship!!?? So if she gets approved the baby is just screwed and has to stay there even though it is my child?? I dont understand that rule and I know I have to go through all the steps we are pretty much done and ready to send out the k-1 packet but some people say one thing and others say another. This entire thing is so confusing and gets to me because half of it is pointless. We have proof of relationship through lease statements, bills, phone records ect.. What else can I do? Is it pretty much a given she will be denied or is there any hope what so ever? I am kind of have mixed feelings about this now and we are ready to send out the first packet. I feel like now there is no way she can get approved and if by any chance she does get granted a interview they will know about the baby once they look at her. I mean I guess I just want to understand more about this dual citizenship and undestand the meaning behind it and if the baby is mine and im a US citizen why do I even need to have anything granted? Its my child and she is my fiance!!! Where do I go after I send out the packet what do I do besides wait and start the hardship waiver packet which I was panning on doing anyway? Any information is useful and I didnt mean to throw stuff out there thats not neccesary but its the truth and I wanted to tell the whole story so you people would know what the real situation is.

Ukraine does nt allow dual citizenship, right at the moment, with any country. That could change but don't hold your breath. I would suggest you FIRST get the child added to your fiancee's international passport...Ukrainian. The child has a Ukrainian birth certificate and can be added to her passport.

The child CANNOT receive a visa. The child will be considered a US citizen and will be required to have a US passport. AFTER the child is added to your fiancees international passport, file a CRBA and get the child a US passport. The US will not tell Ukraine about this. The child does not lose their Ukrainian citizenship except by government action which will not occur because they don't know. Even if they did, US citizens can visit Ukraine without a visa and as the child of a Ukrainian citizen the child is eligible for Ukrainian permanent residency anyway (Ukrainian green card) so it is nothing to worry about really.

Your fiancee had a considerable overstay and will most likely be barred and the visa denied. I would be surprised if it wasn't denied. You can request a waiver but not until there is a denial. Get your waiver request ready in the meantime. File the petition now. You will have a prety normal procedure up until the time of the interview, do not worry about that now.

Because of the complications of your case, it s going to take a bit longer, that's all. You will eventually get the visa and she will come and be with you.