K1-overstay 11 months

[hamog 0]

i have seen few similar topics and situation like mine but i thought i had few more question and maybe one of you here would be able to share their knowledge.

I am currently 11 months overstayed here. My ex fiance cheated on me and kept on delaying our marriage until i got overstay. then he pretty much threw me away and ask me to leave his home. i got no money even i wanted to go back home. i have been everywhere just to survive. recently i met a person who become my friend and become so close to me, and were starting to build a relationship now. i am planning to go home now before i over stay a year here. i know i will be bared for 3 years already too. but my story of dilemma is not yet over there because " i just found out that i am pregnant to my new boyfriend" which is kinda suck! now i dont know what to do.

if i go back home to philippines will the baby even have the rights to return and see the dad? will the baby be recognize as a US citizen? is it possible to get a consular birth certificate? how can we do that for the baby? by the law if i wanted to go back in US what kind of waiver i need to do. does that mean i need to make my ex fiance sign something? because he is a despicable human being! i know he will even lie to immigration and he will try to turn the story the other way around...

if i waited for 3 years will i be able to go to US and be granted by visa even without waver? is my chances is so bad?

please anybody can help me here?

[NigeriaorBust 4,087]

You must leave as the rules from a K1 prevent you from adjusting status to anyone other than the original petitioner. Your consulate/embassy here should help you get back home that is part of their job. You can eithe leave single or married to man #2 but you must leave. Man2 ( sorry you didn't give a name ) can file a CRBA for the child when it is born. This will make the child a USC and that child will be able to travel to the US. (when he is old enough all by himself or even immediately with someone ) You and Man2 will have to decide how you want to proceed. You can marry before you leave and he can file a CR1 or you can leave single and file a K1. Personally I think a CR1 has a better chance of being approved. Do you have evidence of a relationship with Man2 ( other than a child )

[Krikit 1,163]

Moving from the Waiver forum to Effects of Major Changes. One off topic post has been removed. Please post to respond to the OP's questions or you will be barred from the thread. Thank you.

[Sergi9 110]

i have seen few similar topics and situation like mine but i thought i had few more question and maybe one of you here would be able to share their knowledge.

I am currently 11 months overstayed here. My ex fiance cheated on me and kept on delaying our marriage until i got overstay. then he pretty much threw me away and ask me to leave his home. i got no money even i wanted to go back home. i have been everywhere just to survive. recently i met a person who become my friend and become so close to me, and were starting to build a relationship now. i am planning to go home now before i over stay a year here. i know i will be bared for 3 years already too. but my story of dilemma is not yet over there because " i just found out that i am pregnant to my new boyfriend" which is kinda suck! now i dont know what to do.

if i go back home to philippines will the baby even have the rights to return and see the dad? will the baby be recognize as a US citizen? is it possible to get a consular birth certificate? how can we do that for the baby? by the law if i wanted to go back in US what kind of waiver i need to do. does that mean i need to make my ex fiance sign something? because he is a despicable human being! i know he will even lie to immigration and he will try to turn the story the other way around...

if i waited for 3 years will i be able to go to US and be granted by visa even without waver? is my chances is so bad?

please anybody can help me here?

Get a consult with an immigration attorney before you leave. You may be able to be granted a stay without incurring additional overstay until the child is born. (there is case law on this PM me if your lawyer doesn't know about this case)

[VanessaTony 3,567]

Get a consult with an immigration attorney before you leave. You may be able to be granted a stay without incurring additional overstay until the child is born. (there is case law on this PM me if your lawyer doesn't know about this case)

The OP is on a K1 visa, pregnant to someone other than the original USC petitioner.. how can she stay? I'd be interested to know about this.

OP - I don't think you should marry Man#2 before leaving because it doesn't look great that you went to the US on a K1 and married someone else other than original USC petitioner, let alone got pregnant to someone else. I'm not judging you, I'm telling you how USCIS might look at it.

Your child can claim US citizenship if Man#2 is willing to sign paperwork (CRBA) once the child is born stating he's the father. If you're not married when the child is born you will need a DNA test to prove he is the father in order for the CRBA paperwork to be approved.

[JimVaPhuong 4,863]

Ok, as others have said, there is no way for you to remain legally in the US. You entered with a K1 visa and didn't marry the K1 petitioner. You will need to leave the US before you can even begin to start down the road to immigration again.

First, consult with a very good immigration lawyer before you do anything. You're going to need an I-601 waiver, and those are no picnic to get. Proper planning now might improve your chances of getting the waiver approved when the time comes.

Now, once you've hired that lawyer, here's a hare brained idea you might propose...

Marry your USC boyfriend - the one who is the father of your unborn child. Remain in the US until the child is born. Obviously, this means overstaying more than one year and incurring the 10 year ban. Your child will be a US citizen, so no CRBA will be required. When you return to your home country leave your child here with your husband. Being alone in the US with a child should be enough of a hardship on your husband to warrant approving an I-601 waiver request. I'm not suggesting you do anything illegal here. It's not illegal to marry your boyfriend, and it's not illegal to have a baby in the US. It is illegal to stay beyond the time authorized on your I-94, but you've already done that.

Again, don't do anything until you've consulted with an attorney.

[Fandango 1,439]

Ok, as others have said, there is no way for you to remain legally in the US. You entered with a K1 visa and didn't marry the K1 petitioner. You will need to leave the US before you can even begin to start down the road to immigration again.

First, consult with a very good immigration lawyer before you do anything. You're going to need an I-601 waiver, and those are no picnic to get. Proper planning now might improve your chances of getting the waiver approved when the time comes.

Now, once you've hired that lawyer, here's a hare brained idea you might propose...

Marry your USC boyfriend - the one who is the father of your unborn child. Remain in the US until the child is born. Obviously, this means overstaying more than one year and incurring the 10 year ban. Your child will be a US citizen, so no CRBA will be required. When you return to your home country leave your child here with your husband. Being alone in the US with a child should be enough of a hardship on your husband to warrant approving an I-601 waiver request. I'm not suggesting you do anything illegal here. It's not illegal to marry your boyfriend, and it's not illegal to have a baby in the US. It is illegal to stay beyond the time authorized on your I-94, but you've already done that.

Again, don't do anything until you've consulted with an attorney.

That might work, but I'd be hard pressed to find a mother who would be willing to do that.

[Brother Hesekiel 2,235]

I can top that!

Marry man #2, have a US citizen baby, then man #2 makes sure you'll be picked up by ICE and deported, and man # 2 will keep his US citizen daughter in "her" country, which is the USA, whereas the ex-K-1 with overstay and deportation ban will never see her child again.