K1 Help Fiancee and Our Child

[presidentcomacho 0]

Hello,

I am new to all of this and thank antone for their help.

I will try to condense the situation

Iam a US citizen in Germany, 12 years now, it is time to go home!

Iam together with the mother of my child, we are not married, she is German and we have a son, I made him American, got his passport and citizenship at consulate

We did consult a lawyer back home and he said to fill K1 form out

I did not speak with lawyer, my partner did so she missed some questions

1. Is it better for me to fill out the form at the consulate or when I go back home? I will be leaving 1st to do scouting out work and get my head back wrapped around The US.

2. Do we really need to do the K1 being she is German and can stay 3 months anyway in The US?

3. Not really a question but it does seem to make sense to get married back in US due to it being simpler then Germany. Lawyer advised so also

4. My child will not be a problem due to him being a US citizen anyway?

5. I have been basically staying at home taking care of my child so I do not know if I meet the financial requirement of the visa for her. I will be working a small business with my father when back home. My parents are well off, is it possible for them to vouch or sign a co sponser type of thing?

Sorry if my questions might be stupid, but I have never dealt with anything like this .

LOOKING FORWARD TO BEING BACK HOME! I hope lol

Thank You ,

Pres. Comacho

[presidentcomacho 0]

Also, I forgot. My soon to be wife is well qualified to work and has a masters. She would like to know how soon it would roughlly take before she can also work.

Thanks

[HK12 273]

1. Is it better for me to fill out the form at the consulate or when I go back home? I will be leaving 1st to do scouting out work and get my head back wrapped around The US.

You need to have a mailing address in the U.S. Other than that, you can mail it from anywhere you want to.

2. Do we really need to do the K1 being she is German and can stay 3 months anyway in The US?

YES. Coming on the visa waiver program with the intent to stay, marry and adjust status is illegal.

3. Not really a question but it does seem to make sense to get married back in US due to it being simpler then Germany. Lawyer advised so also

On the K1 visa, you HAVE to get married in the U.S.

Another option that I would suggest is to get married in Germany and then do DCF (Direct Consular Filing). That would safe you the months of waiting that you would have during the K1 or CR1 process.

4. My child will not be a problem due to him being a US citizen anyway?

No problem.

5. I have been basically staying at home taking care of my child so I do not know if I meet the financial requirement of the visa for her. I will be working a small business with my father when back home. My parents are well off, is it possible for them to vouch or sign a co sponser type of thing?

Yes, they can be co-sponsors.

On another note, there is really no need for a lawyer unless you have any red flags. Most of us here have done this process without a lawyer.

Also, I forgot. My soon to be wife is well qualified to work and has a masters. She would like to know how soon it would roughlly take before she can also work.

Thanks

If you are going the K1 route, current processing times for the EAD are 2-3 months after filing for Adjustment of Status. If you do the CR1 or DCF, she can start working right away after entering the US.

Edited January 13, 2014 by HK12

[presidentcomacho 0]

Thank you HK! Excellent info!!!

I did not mean to imply an illegal act buy coming on her 3 month travel visa, now that I think about it I can see why it would be illegal .

The lawyer actually said to not hire a lawyer because it is unessecary, I found that quite odd coming from a lawyer lol

I will check out the other form you mentioned besides the K1. I did check out getting married here in Germany and found it a bit more complicated with , I forget the name, some sort of Hague form, circi circulli or something like that. And getting reissued my US passport and Birth Certificate so they are no older then 6 months.

If it really makes a huge differnce getting married in EU I will balance it out. If it saves a lot of time so that we can start building our new lives back home I would probably do it.

My family has no problems being a co sponser, we have been together near a decade with a child and she is not a stranger to them. That is great news!

Again

Viel und Dank!