Starting process to bring my boyfriend to the US

[ybsg3 0]

I am going to start the process of bringing my boyfriend to the US. We are from the same town in the Dominican Republic but I did not know who he was because I came to the US 19 years ago. I met him 4 years ago when I was on vacation..we already have a son together he is 3 years old. At that time he was married to someone else and they went to the embassy but they failed. We separated but got back together. He got divorced about a year ago and I would like to know what is my first step in order for me to start the process since he was married before and already went to the embassy, thanks!

[sma1488 155]

The first step is to start referring to him as your fiancé, especially since you're from such a high-fraud country as the Dominican Republic.

[ybsg3 0]

Thanks for your response, all your comments are appreciated.

[belinda63 3,053]

You knew him as a child but moved away to the US. He was married (to a US citizen?) when you met him again while on vacation. The two of you had sex while he was married to someone else which resulted in a child being born. He was denied an immigrant visa (to the US?) once already and now you want to file for him to come to the US to marry you. Is all this correct and if not please correct it.

The first step is to read the guide for the K-1 visa. You must have met in person within two years of filing for it. If you have further questions come back and ask after you have read the guide.

[ybsg3 0]

That is correct, just to mention we did have a relationship it was not a sex thing. The person he was married with was living in the US most of the time she did not travel to the Dominican Republic only twice while they were married. Thank you!

[sma1488 155]

You need to find out exactly why he got denied the first time, because a) it will come up eventually and b) you need to do everything possible to show that your relationship with him is different from the one he had with his ex-wife (the one that got denied by consulate). Having a child together doesn't necessarily guarantee a successful visa application/interview.

[ybsg3 0]

It was because they did not have enough evidence..they were not prepared, no photos to show she used to go and visit him, etc.

[ybsg3 0]

Since he already got denied, does he have to ask for a waiver?

[belinda63 3,053]

There is nothing to waive so no waiver is needed. Again please read the guide for the K-1 visa http://www.visajourney.com/content/k1guide and inform yourself about what is needed, not just to file but for the entire process. Also read about the adjustment of status so that does not come as a surprise.

The first things to confirm are that you have met him within the past two years and you make at least 125% of the poverty guidelines http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf for your household size.

[christeen 966]

Your case has red flags... And DR is a high fraud consulate... Be prepared with evidence of bifold and ongoing relationship with evidence of visits and time spent together and communicating. And there is no "boyfriend" visa, it s a fiancé visa with the intention for him to come to the USA so you can marry within 90 days... Read up on your consulate (as there seems to be quite a few k1 denials from there lately) go to the Caribbean forum here on VJ and read up on the guides for the k1

[iawait 9]

Did he declare the child with you in his last application? If not, he could be hit with misrepresentation and that is a lifetime ban. So, you need to find out what was filed and what was disclosed before you start this process. Wish you all the best!

[dwheels76 5,486]

Did he declare the child with you in his last application? If not, he could be hit with misrepresentation and that is a lifetime ban. So, you need to find out what was filed and what was disclosed before you start this process. Wish you all the best!

Yes this is very key if he listed said child on his application. If he didn't you may have an uphill battle. And also prepare to be there for the interview. DR doesn't play and they want to see you both.

You would have more credibility as a committed couple if you married and filed the I-130. Fiance after an affair (and yes if he was married it was an affair no sex or otherwise), a child 3 years old.

Why engaged? That looks like you guys don't know what you want after all this (Thinking like a CO now).

So when was the last time you saw each other?

Edited September 4, 2014 by dwheels76

[ybsg3 0]

When he went to the interview our son was not born yet..I just got back last week, we decided this is what we want and yes we were not sure before because it was a on and off relationship..now everything is clear and looking foward towards the future with our family..thanks everyone!!

[Harpa Timsah 13,260]

So he was married to someone else and he was having a relationship with you, one that resulted in pregnancy? When did he marry his other wife?

[ybsg3 0]

He married in 2009 and went to the interview in October 2010...I met him January 2010...he went to the interview because this person wanted him to come to the US but he was not in love with her