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Waiting for a K-1 Visa, is it worth it to try for a Visitor Visa?

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What in the world are you talking about? That child doesn't need to be born here to be a citizen. And the mother doesn't need to have an "anchor baby" (rude terminology) to be able to stay here either---seeing as how she herself is a citizen.

Oh, I got confused, I thought the beneficiary was the pregnant woman. My bad.

However you must admit that having your baby in the US (as a non-citizen) is good for the baby.

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Oh, I got confused, I thought the beneficiary was the pregnant woman. My bad.

However you must admit that having your baby in the US (as a non-citizen) is good for the baby.

Not really. Or more like, it doesn't make a difference. The child of a US citizen, man or woman, born anywhere, is a US citizen by virtue of birth so long as they register the birth at the nearest consulate. So it doesn't matter if she's the immigrant or not. The child would be a US citizen by virtue of his father's citizenship. So being born to at least one US citizen is good for the baby.

In terms of non-citizens having babies in the US....if they can hang on for 21 years until the child is old enough to petition for their parent to get a green card then it's good for them, I guess. DAPA may expand this to give work authorizations and to not deport parents of US citizens who are age 5 and older, but that may not go through at all. The whole "anchor baby" thing is another one of the pop culture misconceptions I alluded to above and is pretty off topic, and kind of sort of rude. I wouldn't be surprised if one or both of us gets a slap on the wrist for having this conversation here.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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I don't understand why you would think the father would have the right to the baby no matter what, maybe I am just used how it in the US and that is another Euro thing. Here in the US I believe the majority of the cases of divorce and separation the children are awarded to the mother. So, if that is the way it is over there maybe its not a good idea for her to go because of the possibility that no matter what the father will end up with the baby.

I mean that both parents have full parental rights - talking about "awarding a child" is pretty damn horrendous. In divorce/separation cases over here, the default route is shared custody with extensive visitation rights for the parent the child is not living with. SIngle custody is only given if fought for, i.e. if there was a clear lack of involvement in the child's life by one parent or any kind of risk of abuse. The child still often lives with mother as they are still mostly the primary caregiver - though I know cases where the opposite is true. And yeah, with shared custody you cannot move your child internationally without agreement of the other parent, which is frankly as it should be. Divorcing doesn't mean one parent gets to keep the child from the other parent.

Anyway, we are drifting severely off-topic. I wish the OP is able to make the decision that is best for their new little family. It is a horrendous situation to be put in just because the visa system is so damn unefficient.

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)
ROC Approved: 03/09/2019 (day 425)
Card Received: 03/16/2019  (day 432)
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Filed: K-1 Visa Country: Bolivia
Timeline

I mean that both parents have full parental rights - talking about "awarding a child" is pretty damn horrendous. In divorce/separation cases over here, the default route is shared custody with extensive visitation rights for the parent the child is not living with. SIngle custody is only given if fought for, i.e. if there was a clear lack of involvement in the child's life by one parent or any kind of risk of abuse. The child still often lives with mother as they are still mostly the primary caregiver - though I know cases where the opposite is true. And yeah, with shared custody you cannot move your child internationally without agreement of the other parent, which is frankly as it should be. Divorcing doesn't mean one parent gets to keep the child from the other parent.

Anyway, we are drifting severely off-topic. I wish the OP is able to make the decision that is best for their new little family. It is a horrendous situation to be put in just because the visa system is so damn unefficient.

Its the same here.. I said "awarded" as a lack of a better word at the time.

We slightly drifted away from the subject, but I think the information you provided can be helpful for the OP.

Service Center : Texas Service Center

Consulate : Bolivia

I-129F Sent : 2014-08-08

I-129F NOA1 : 2014-08-14

I-129F NOA2 : 2015-02-20

I-129F NOA2 hard copy recieved: 2015-03-02

USCIS to NVC: 2015-03-02

NVC Received : 2015-03-10

NVC Left : 2015-03-31

Consulate Received : 2015-04-06

Packet 4 Received : 2015-04-09

Interview Date : 2015-04-30

2nd Interview Date : 2015-05-04

Interview Result :

Visa Received :

Estimates/Stats : Your I-129f was approved in 190 days from your NOA1 date.[/b][/color]

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Filed: K-1 Visa Country: Italy
Timeline

Thank you everyone for your input. I appreciate it. I can say firmly, I am not concerned one bit about my fiance and I not working out, thus resulting in a custody battle. I am beyond blessed we found each other, he is my true love. It is the love you read about in books. I am fortunate. What I am concerned about is up and leaving everything behind to go live in Italy. If we were not expecting, then I would do this in a heartbeat. But, because we are, I need to think about what we would have to come back to if I leave. Our goal is to live in America, because that is where we believe our baby will have the best future and most opportunities.

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Filed: K-1 Visa Country: Wales
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I do not have time to check at the moment but believe that withdrawing your application to enter does not prevent you from using the VWP.

Now whether you could get an ESTA approved is another issue.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Italy
Timeline

boiler, you are probably correct. however, we have been going county to country for a while, his last attempt to vist in October, resulted in the customs agents seeing his FB, seeing that he was engaged, and now, for the rest of his life, I assume he needs a visa to enter the US. Ahhhh... I could pull my hair out!!!

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Filed: K-1 Visa Country: Wales
Timeline

From memory there is a history to this, he was sent to secondary for a reason.

Anyway I think you misread my post.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I have visited the US since I was 19 on a B1-B2 visa, sometimes four times for the year and could not understand how the CBP officer saw his Facebook status as usually you spend 2 minutes with them doing biometrics and the usual "how long are you staying, how much money in cash etc questions".

Now that someone mentioned that he was sent to secondary it all makes sense. There had to have been something that triggered him being sent to secondary as this has never happened to me in over 13 years of visiting the US on tourist or business visits.

I still visit my wife on my B2 visa and am upfront with the CBP officer that it is my wife I am going to see and that the paperwork is in process. Naturally it helps that I have a very good record of staying a couple weeks max and then coming back home.

I honestly have no idea of what to suggest as applying for a B2 again incurs the expenses and there is never a guarantee that you will get a Visa, plus the vise consul will have access to his history of interactions with US officials.

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Filed: AOS (pnd) Country: Nigeria
Timeline

I don't understand why you would think the father would have the right to the baby no matter what, maybe I am just used how it in the US and that is another Euro thing. Here in the US I believe the majority of the cases of divorce and separation the children are awarded to the mother. So, if that is the way it is over there maybe its not a good idea for her to go because of the possibility that no matter what the father will end up with the baby.

Trust me... I'm a Social Worker and it is a very common, but very incorrect, misconception that mothers are usually awarded custody just because they are the mother. *steps off soapbox*

To the OP, it sounds like you and your fiance have really thought your options through, and that's great because some people make rash decisions and end up regretting them. Like some other commenters have said, you'll just have to sit down and weigh your options and see what you feel is best for your family. Good luck with everything and I hope you guys can be together soon!!

Edited by DpdNKerosene

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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Filed: K-1 Visa Country: Bolivia
Timeline

Trust me... I'm a Social Worker and it is a very common, but very incorrect, misconception that mothers are usually awarded custody just because they are the mother. *steps off soapbox*

I'm not sure what to think on the subject, 9 of 10 people that I know that are divorced the mother has custody, there are many sources that state differently to what you say such as: Guerin, L. (n.d.) states, "mothers are still more likely to get custody when parents divorce",and Divorce Source, Inc. (n.d.) states "Although courts seem receptive to awarding custody to the father in some cases, usually the mother receives children, particularly when they are very young." But statistically speaking it appears that most cases are do not even go to trial, but when they do, 63% are awarded to mothers (Divorce Statistics - How Is Child Custody Decided? (n.d.)). Most cases are decided by the parents without a courts decision, but I believe this is because in the past courts were awarding the children to the mother as stated in the articles above, and due to this, fathers automatically think they do not have a chance.

As for the OP, I believe the advice that you have suggested to her makes perfect sense, they have to decide based on what is best for her family.

References

Guerin, L. (n.d.). Divorce For Men: Why Women Get Child Custody Over 80% of the Time | DivorceNet.com. Retrieved April 13, 2015, from http://www.divorcenet.com/resources/divorce/for-men/divorce-for-men-why-women-get-child-custody-over-80-time.
Divorce Source, Inc. (n.d.). The Custodial Parent: Usually the Mother - Divorce Source. Retrieved April 13, 2015, from http://www.divorcesource.com/ds/children/the-custodial-parent-usually-the-mother-250.shtml
Divorce Statistics - How Is Child Custody Decided? (n.d.). Retrieved April 13, 2015, from http://www.divorcepeers.com/stats18.htm

Service Center : Texas Service Center

Consulate : Bolivia

I-129F Sent : 2014-08-08

I-129F NOA1 : 2014-08-14

I-129F NOA2 : 2015-02-20

I-129F NOA2 hard copy recieved: 2015-03-02

USCIS to NVC: 2015-03-02

NVC Received : 2015-03-10

NVC Left : 2015-03-31

Consulate Received : 2015-04-06

Packet 4 Received : 2015-04-09

Interview Date : 2015-04-30

2nd Interview Date : 2015-05-04

Interview Result :

Visa Received :

Estimates/Stats : Your I-129f was approved in 190 days from your NOA1 date.[/b][/color]

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Filed: AOS (pnd) Country: Nigeria
Timeline

I'm not sure what to think on the subject, 9 of 10 people that I know that are divorced the mother has custody, there are many sources that state differently to what you say such as: Guerin, L. (n.d.) states, "mothers are still more likely to get custody when parents divorce",and Divorce Source, Inc. (n.d.) states "Although courts seem receptive to awarding custody to the father in some cases, usually the mother receives children, particularly when they are very young." But statistically speaking it appears that most cases are do not even go to trial, but when they do, 63% are awarded to mothers (Divorce Statistics - How Is Child Custody Decided? (n.d.)). Most cases are decided by the parents without a courts decision, but I believe this is because in the past courts were awarding the children to the mother as stated in the articles above, and due to this, fathers automatically think they do not have a chance.

As for the OP, I believe the advice that you have suggested to her makes perfect sense, they have to decide based on what is best for her family.

References

Guerin, L. (n.d.). Divorce For Men: Why Women Get Child Custody Over 80% of the Time | DivorceNet.com. Retrieved April 13, 2015, from http://www.divorcenet.com/resources/divorce/for-men/divorce-for-men-why-women-get-child-custody-over-80-time.
Divorce Source, Inc. (n.d.). The Custodial Parent: Usually the Mother - Divorce Source. Retrieved April 13, 2015, from http://www.divorcesource.com/ds/children/the-custodial-parent-usually-the-mother-250.shtml
Divorce Statistics - How Is Child Custody Decided? (n.d.). Retrieved April 13, 2015, from http://www.divorcepeers.com/stats18.htm

That could quite possibly be the reality for the people you know. But working in the field, I see differently everyday- it's a sad reality! Either way, this is irrelevant to argue about because it doesn't really answer the OP's question. Feel free to private message me though!

Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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