k-1 question

[Rachel~C 0]

Hello,

My fiance and I are wanting to get married and i am well aware that we need to file for the k-1 visa. Our situation is a bit unique as im sure most stories are.

We met online,met eachother, fell in love, HAD A BABY, got engaged now we are hoping to get married. How does the process work when you and your fiance have a child together? Our son lives in Canada with me. He does not have an american passport and is not registered in the united states as of yet, i know that is an option. I'm trying to figure out the best way to go about things. I dont want to complicate the process anymore than i already have. Any adivce or ideas?

does our son go on my k1 visa ?

should i get my child an american passport?

So confused. Thank you for reading!

[BSquared 9]

Hello,

My fiance and I are wanting to get married and i am well aware that we need to file for the k-1 visa. Our situation is a bit unique as im sure most stories are.

We met online,met eachother, fell in love, HAD A BABY, got engaged now we are hoping to get married. How does the process work when you and your fiance have a child together? Our son lives in Canada with me. He does not have an american passport and is not registered in the united states as of yet, i know that is an option. I'm trying to figure out the best way to go about things. I dont want to complicate the process anymore than i already have. Any adivce or ideas?

does our son go on my k1 visa ?

should i get my child an american passport?

So confused. Thank you for reading!

Your son is a USC, he can't get a visa to the US, he needs a passport to enter. Someone else can confirm. Good luck!

[Inky 1,111]

Yep no visa for a child that is born to a USC. You will need to file CRBA and apply for the babys US passport.

The child will be listed on your I-129F because you have to list your children on it but he is not eligible for a K-2.

[Rachel~C 0]

oh perfect! thanks so much...arrgg i;m not sure if im going to apply for the k1, we just got some bad news today, Hubby is getting laid off, and he has noone who would co-sponsor *sigh* so sad.

[Inky 1,111]

oh perfect! thanks so much...arrgg i;m not sure if im going to apply for the k1, we just got some bad news today, Hubby is getting laid off, and he has noone who would co-sponsor *sigh* so sad.

Well if you guys got married the CR-1 might take a little longer to process but its cheaper than a K-1 and gets you a green card right after entry to the USA.

You still need a co-sponsor for the CR-1 but at least you could still get married and then file later on when he finds a job or co-sponsor?

[Rachel~C 0]

i've considered that but, its too lame! lol i want to be with him not married and in diff countries...but then again its kinda like that now...HRMMM decisions, decisions

[Inky 1,111]

i've considered that but, its too lame! lol i want to be with him not married and in diff countries...but then again its kinda like that now...HRMMM decisions, decisions

Well you can still visit and so can he lol But yea you can't really do much either way you have to wait in Canada until you get the visa to move to the USA.

[Rachel~C 0]

riddle me this:

fiance hasnt been for sure layed off but he thinks he will be sometime next week..so if we sent in now while he is still employed does that help? being layed off..hrmm, well your still employed just not working and being paid,right? (.LOL. darnit this stuff is so difficult *huff* now im just looking for excuses )

[Inky 1,111]

riddle me this:

fiance hasnt been for sure layed off but he thinks he will be sometime next week..so if we sent in now while he is still employed does that help? being layed off..hrmm, well your still employed just not working and being paid,right? (.LOL. darnit this stuff is so difficult *huff* now im just looking for excuses )

lol well the employment part is not really needed until your interview in Canada so 5-6 months ish? if you think he can get another job in that amount of time that will cover the poverty guidelines then yea send a K-1 in when you get everything filled out and collected for the packet!

[Rachel~C 0]

one more rediculous question...they ask to see tax returns, so will the job he currently has be added to his new job? how do they determine if one meets the poverty guideline..ive seen the guidelines for this year and he meets that as of right now but when he gets laid off (if he does) they will only use his income from the "new" job?...basically im asking this

whats the reason in asking for previous tax returns if the only thing that matters at the time is the current job he holds?

am i making sense? lol getting a little excited over here

Edited July 15, 2011 by Rachel~C

[benjamin10 0]

ya unfortunately i'm stuck in the same boat if you apply for a birth abroad i think you have to be married because they asked us for our marriage certificate your husband has to show he's been present in the u.s for 5 years, divorce decrees if applicable child's live birth registration and your birth certificate. i think that's it. it has taken us a long time to try and get this but mostly because my son's birth certificate got screwed up so i had to wait to fix it then apply.

[Inky 1,111]

I don't completely know why lol But yes they do look closely at the current income. If he gets laid off they would look at the new income but want the previous tax return anyway. So for a brand new job he would need a couple pay stubs a letter from the employer stating annual summary and stuff on it. Then include the last couple years of tax transcripts or returns with w2s.

The I-134 is not to hard to pass, when it comes time to AOS in the USA after marriage the I-864 is a little more serious i think.

[Rachel~C 0]

thanks you guys lets hope mcdonalds pays well LOL just kidding

well you've cleared alot of muddle in my mind, thanks so much....so now that you know most of my story...should i get an attorney involved ? i know people do this without one but do you think iwill have many complications throughout the process?

should i do this now ? or should i wait.. i cannot decide

Edited July 15, 2011 by Rachel~C

[BSquared 9]

one more rediculous question...they ask to see tax returns, so will the job he currently has be added to his new job? how do they determine if one meets the poverty guideline..ive seen the guidelines for this year and he meets that as of right now but when he gets laid off (if he does) they will only use his income from the "new" job?...basically im asking this

whats the reason in asking for previous tax returns if the only thing that matters at the time is the current job he holds?

am i making sense? lol getting a little excited over here

I'm not sure of the reasoning for 3 years. But I'm pretty sure they do current job. So - as long as he makes above the guidelines for 3, then he should be alright. As Inky said, he has a few months after submitting paperwork, to find a job and prove he earns enough. (They'll do the petition in the states 3-6 months & then send the paperwork to Canada - that's when he'll need to prove that he makes enough.)

[Inky 1,111]

thanks you guys lets hope mcdonalds pays well LOL just kidding

well you've cleared alot of muddle in my mind, thanks so much....so now that you know most of my story...should i get an attorney involved ? i know people do this without one but do you think iwill have many complications throughout the process?

should i do this now ? or should i wait.. i cannot decide

if you have been arrested and stuff and gone to jail you might need a lawyer lol But it seems fairly straight forward so i wouldnt waste more money on a lawyer specially if hes getting laid off soon. All the lawyer does is collect papers from you and fill the forms out and mail it for you then charges you 100s or 1000s of dollars.

You guys have more time to collect papers and fill forms out and double check things than a lawyer does, plus its more important to you guys than a lawyer. There are quite a few horror storys on VJ about lawyers to messed things up so bad.