K-1 Visa process and procedure in Italy when pregnant

[GH8283 5]

Hi, I am new to this page and am hoping I can get some reassurance, help, and advice!

I am a US citizen, my fiance is an Italian citizen. We had been traveling back and fourth for quite some time. Once we got engaged things changed. September 2014 we happily found out we were expecting our first child. We were in America at the time, and talked about getting married right then. We did not. We did what we thought was the right thing and went to Italy to tell his parents. I returned to America a couple weeks later. My fiance, was due to come back a month later. He was detained by Boston Customs Agents. They had searched his Facebook page. They saw he was engaged. They denied him entry, and told him he could only come back to the US with a visa.

I was devastated. He applied for a B1B2 visa and got denied, because he had "no ties to Italy" He's 32 and has lived there his entire life! His family is there! We were devestated. November 2014 we retained an attorney in the US. He filed the paper work for a fiance Visa. It was accepted/arrived at the Texas Processing Center December 10th, 2014. The lawyer tried to get the case expedited but it was not approved. I went to Italy in December for just under 90 days. I had some mild issues with my pregnancy. We tried again to get a Tourist visa. The lawyer wrote a letter. He talked about how I have no family support close by in America and that I needed my fiance to help me. He also talked about our K-1 Visa, and how we understood that after the baby was born my fiance would need to return to Italy and wait for the K-1 Visa. We had financial documents. We had everything! Again, he was denied because he had no ties to Italy.

So here I am today. I am alone and pregnant, in America. I am scared and sad. I have written letters to all Maine goverment officials as well as the president. I have not heard back from one person. Our baby is due the end of May. I am assuming that he will not even have an appointment for an interview in Napoli by May? I am also concerned about my income. We need a financial cosponsor, and have one, however, I was reading on here the other night, that the people in Napoli do not even look at the cosponsors income and many people were refused a visa based on their income. I am terrified to have to have this baby alone, but I am even more terrified because I am having trouble seeing any hope or clear path to betogether in the US. We are both good, had working, family oriented people, and like I am sure everyone else here just want to be together. Because we are expecting, or at the time of his interview, will have a newborn, will that be in our favor or will the workers at Napoli not even care.

[TabeaK 516]

I am so sorry to hear your story. This is another example about how cruel the visa process can be...

I don't know what to tell apart from being strong. If you filed Mid December you will likely not get your NOA-1 before the end of June. The interview is usually 2-3 months after that - so hopefully no later than September. Your baby likely would be 4+ months before your fiance can come.

With regards to a co-sponsor, Italy is a European country with a low fraud rate, I am pretty sure you should get through with a co-sponsor! Have you planned for the AOS as well? Sadly, it is an expensive process - the fees are $1070 just for that.

Have you tried contacting your representatives stateside (senate, congress?) - your lawyer tried expedites but you were denied, so this is the only thing I can think of...

Edit: Sorry, I missed that you have contacted your representatives already - you have done everything you could.

Is there maybe any way you can spend the rest of your pregnancy abroad in Italy? I realize this causes health insurance issues and also requires you doing a CRBA (Consular report of birth abroad).

The really sad thing is, that, if you had been living in a state processed not in Texas, but California, your fiance would likely have the visa in time.

Come on USCIS!!!!

Edited March 22, 2015 by TabeaK

[Morganalmonshid94 84]

Sorry to hear this as I know how it feels im doing a spouse visa that won't be done in time either, they won't expedite for pregnancy so that is why it got turned down . I made the desicion to stay the rest of my pregnancy with my husband in jordan it will actually be cheaper for myself like the other person mentioned maybe you should look into doing that if it is possible for yourself, I made the decision to give birth outside of the U.S. because like yourself I wanted my husband to be with me and not alone . It isn't a horrible option if it is possible for you to do it makes your pregnancy easier in my opinion I was away for the first 3 months and it killed me . Don't give up hope look into other options .

[GH8283 5]

Thank you for your reply. This is what I was afraid of. I am in a tough spot, in reguards to the baby. Italy is a beautiful country, a beautiful place to visit, but day-to-day life is difficult, at least the providence where my fiance lives. It is very primitive. When I went to the hospital there a few months ago, it was a terrifying expierence. I am very appreciative for the things I once took for granted or didn't give a second thought about here in America.

I have read about the processing times in California. Is there anyway I can get our application moved there?

As far as the AOS, I don't think I have even heard of that yet! I am relying on our lawyer and google for information.

[Boiler 43,397]

Sounds like he is the on with a job family etc so Italy would be the more logical option,is it too late to take that route?

When they said come back with a visa they were referring to an immigrant visa.

Pregnancy is not a reason for an expedite.

Sponsorship is required at the interview, if you are back in work by then you can use that income.

Congratulations and good luck in your journey.

Edited March 22, 2015 by Boiler

[Morganalmonshid94 84]

Trust me I felt that too as I am in the Middle East haha not much better, but my choice came down to sucking it up to let me and my husband experiencing it together, but sadly no you cannot get it moved to a different service center you are stuck where you are . Aos is different for myself as I am doing a spouse visa but fiancé visas handle the aos once your fiancé is in the u.s. And you have married . So you have a little ways down the road to be concerned about that .

[GH8283 5]

Originally, he was told, by the Boston Custom Agents that he needed a B1B2 Visa. But once he applied, he was denied because he had "no ties to Italy"

What is a LST?

I have a job, but I do not make enough money. We do have a cosponsor, however I have read the agaents in Napoli don't even look at the cosponsor, and if you do not make enough they deny you.

[Lemonslice 4,549]

Have your lawyer look into the cosponsor acceptance, I remember there was a period when they were not accepted easily in Italy. See http://www.visajourney.com/forums/topic/402790-k1-visa-denied-public-charge-pretty-outraged/

[Boiler 43,397]

LST was an auto correct.

You do realise that he can not work for 3 months or so on a K1?

[Amhara 460]

GH - one option you may consider is to see if you have any friends in a state covered by the CSC. If you do, see if you can move in with them for three months or at least use their address for a new petition. Retract your current petition, pay another fee and submit a new petition using the mailing address covered under CSC.

Don't lie on your documents. Don't say you are living there or intend to live there unless you are. But, please don't take this advice until you have discussed that option with your lawyer!

This was just an idea.

[GH8283 5]

Boston-Montreat- That was the forum I read last night that freaked me out! I have talked to my lawyer and only got a vague "we see lots of people with cosponsors get visas"

Boiler- Yes, we are aware that he cannot work right away and more paperwork needs to be filed. I work as a nanny, so my living expenses are paid for, but my check each week, puts me below the income guidlines.

[GH8283 5]

Amhara- Thank you, I do have friends and family in California. I will look into this. Thank you. Is the California processig time really that much quicker?

[Amhara 460]

MUCH FASTER! TSC could take 200+ days and CSC could send a NOA2 before three months is finished!

[TabeaK 516]

I would not open that can of worms and retract/refile. Who knows what buerauecratic snafus this can cause. Such a petition, refiled in a few months for the same person would most likely come under more intense scrutiny. At least they are already 3+ months into the waiting and have "just" 4 more to go till approval.

Retracting a petition also takes times, especially at TSC. And worst case, USCIS gets confused with the two cases - has happened before for people whose paperwork got lost or who had to retract for personal reasons and refile later. For them, the process turned into a multi-year nightmare!

Edited March 22, 2015 by TabeaK

[Amhara 460]

Good point, TabeaK...dang.