Preparing our K1 Visa Packet - Couple of Quick Questions

[JayMar2019 2,741]

Good Evening,

 

I plan on filing our K1 Petition, and I have started collecting and gathering documents and evidence. I plan on filing the petition by 5/12 because I'm going to visit my babe the week before, and I have to get the passport pictures and have him sign the necessary documents (Bio page, intent letter, etc.) so I can make sure the packet is complete. A few questions that I have after reviewing previous topics and posts, and I just want to make sure we have our ducks in a row...

 

Bio about us: We met on March 4, 2016 in Jamaica during my Annual Family/Girls Trip - he was our zip line tour guide. Every since that day when we exchanged numbers, we have talked, texted, what's app, IMO, Facebook, etc. EVERY SINGLE DAY. After meeting him in March, I went back to visit him in April (11 days); May (Memorial Day Weekend); July (Jamaica's Annual Emancipation/Independence Celebration); September for his 29th birthday we took a trip to the Bahamas; (I flew from the US; he from Jamaica....he surprised me with a proposal on the last day of the trip and proposed to me on the beach ); Thanksgiving Weekend; and New Years Eve until January 8, 2017 to celebrate my birthday together. He's 29 with a 4 year daughter, no criminal record, doesn't do any drugs and BARELY drinks (he makes me feel like a lush and I barely drink). I'm 37 Black woman (and I don't look my age, TRUST ME); I have a 14 year old son (yes I plan on having more children with him, at least 2 more); I have a GREAT paying job. I have pictures, MANY Passport Stamps, he has my boarding or baggage receipts (keeps them as his souvenirs), text logs; etc. (Sorry if this was too much information) Here are the questions:

 

1. We will not be bringing his daughter over with him at this time because of "parental issues" between him and the daughter's mother. I'm fully aware that we'll have a year to bring her under the K1; but the question is, do we add her name to the petition or no? He is in the system for applying for the Tourist Visa and listed her on that application at that time; so I assume he would have to in order to remain consistent, correct? If we do add her name to the petition, what information or documentation will we need for the interview so that they know why she's not coming with him? Will he need a letter from the mother saying something to the nature of his daughter is to remain in Jamaica? Does he have to bring the birth certificate with him to the interview?

 

2. What we are also waiting is my divorce decree to come in the mail (should be here this Friday; no later than next Monday); so that I can add the copy to the petition. Does the divorce decree have to be a certified copy or will a clear black & white copy be suffice? Also, I just read in a previous post that me recently applying for my divorce can be a hindrance on him being approved because they might think that I haven't been separated from my spouse long enough or something in the lines of that, is that the case? I've been separated since March 2012; and have stipulated this date in the divorce petition. I haven't seen or heard from my spouse; don't even know where he is, but for me, it was kinda like "out of sight, out of mind" which is why I took so long to get it done. Also, I will be attending the interview with my babe when he goes to the consulate. Should I bring a copy of the divorce petition showing the date of separation?

 

3. I've asked this before, but I just want to make sure for clarity when it's time for him to file. In October 2016, my babe was approved for the Tourist Visa and when he came to visit in November 2016, he was denied entry, visa was cancelled, and sent back home (this experience was not great to say the least which is why I'll be attending the interview and flying back with him when he gets his visa so I can be with him during his POE). My question is, will he have to answer on the Yes that he has or had a visa or no? I'm assuming the consulate's database will have details of this incident, so will they ask him questions about what happened? By me filing for the K1 6 months later that will have an effect on the decision to approve?

 

My apologies for the long post and I apologize if these questions are repetitive to the veterans on here. Trust me, I've been on this site for months and have conducted searches frequently. It's just that now that we're closed to sending it out, I want to make sure I'm not missing anything. Thanks to everyone and anyone that responds! 

Edited April 11, 2017 by Trinab80
forgot to add something

[Liam2021 583]

K1 not the best option for you. Here are some reasons:

-You only know each other from March 2016.

-Jamaica have a strict consulate.

-You just divorce.

Spend more time together, and then decided if you can get married or not. until then, K1 visa not a best choice.

 

[JayMar2019 2,741]

Really, because you're the first person that has told me that. So, you're telling me that for as many times that I've visited and still visiting and if I file in May, it would be August/September when he gets his interview which is almost a year and a half, the K1 would not be the best choice? Even if I've visited over 6 times going on 7 in 3 weeks?

[Coco8 1,042]

Check this out. The person was also from Jamaica.

 

[EandH0904 1,184]

I don't know ANYTHING about Jamaica - but I would think that with all your trips that a K1 would be OK for you. I could be wrong because, like I said, no knowledge of Jamaica. Your recent divorce may be a bit disconcerting, but as you said, you have been separated a long time, so there is that. You both have good jobs, you're similar in age, you both know about raising children and have future plans, you spent a lot of time together - I'd say go for it girl!  Good luck! 

[JayMar2019 2,741]

2 minutes ago, Coco8 said:

Check this out. The person was also from Jamaica.

 

Thanks for responding Coco. I've actually read this post before. However, this is really not that similar. We've been together for a year just this past March 2017. I've stayed with him at this house 6 times in at his house, and we've traveled to the Bahamas together. In 3 weeks, I'm gonna visit my babe again. Plus we talk everyday, all days and video call every night.

 

Is it your opinion that we haven't had enough face time or time together which will be the hindrance for us to get approved? I mean, we've decided that we want to work on our family and I want to get pregnant (prayfully God will bless us during my next visit) but I don't want to start a family with him being there.

 

But you think I still don't have enough proof of relationship?

[JayMar2019 2,741]

3 minutes ago, EandH0904 said:

I don't know ANYTHING about Jamaica - but I would think that with all your trips that a K1 would be OK for you. I could be wrong because, like I said, no knowledge of Jamaica. Your recent divorce may be a bit disconcerting, but as you said, you have been separated a long time, so there is that. You both have good jobs, you're similar in age, you both know about raising children and have future plans, you spent a lot of time together - I'd say go for it girl!  Good luck! 

Thank you for responding. I would think that the divorce could be an issue, which is why I have no problem with providing the divorce petition as proof. I had a previous restraining order (PFA) against my ex dated back in 9/2012 which I attached as my proof that we haven't been together in 5 years. Delaware requires proof that spouses have not been together for 6 months. I even had to publish the divorce in the paper because I don't know where he is and he didn't respond. I don't even know where he lives. And again, I'm going to be at the interview anyway as support to my babe and also to answer whatever questions they want to ask me.

 

I'm already nervous as it is. And doing research is my thing. But if veterans that have been through the process know better than we do and think we need to wait, I will have to talk it over with him and see what he says.

[Coco8 1,042]

7 minutes ago, Trinab80 said:

Thanks for responding Coco. I've actually read this post before. However, this is really not that similar. We've been together for a year just this past March 2017. I've stayed with him at this house 6 times in at his house, and we've traveled to the Bahamas together. In 3 weeks, I'm gonna visit my babe again. Plus we talk everyday, all days and video call every night.

 

Is it your opinion that we haven't had enough face time or time together which will be the hindrance for us to get approved? I mean, we've decided that we want to work on our family and I want to get pregnant (prayfully God will bless us during my next visit) but I don't want to start a family with him being there.

 

But you think I still don't have enough proof of relationship?

 

No. I mentioned that post because they had known each other for less time and still got the K-1. The K-1 is for people who have meet for less than 2 years so you are alright in terms of timing. Also, they applied in Jamaica and they got the K-1, which is also positive for your case. 

 

If the daughter is not coming then she should not be on the K-1. It could hurt you if you put her because you would need more money to support her too. 

 

About your divorce, you might be able to add evidence that you've been separated for over 5 years.

 

If he had a visa before, he has to answer yes. It doesn't matter whether he was able to use it or not.

 

 

 

 

[JayMar2019 2,741]

1 minute ago, Coco8 said:

 

No. I mentioned that post because they had known each other for less time and still got the K-1. The K-1 is for people who have meet for less than 2 years so you are alright in terms of timing. Also, they applied in Jamaica and they got the K-1, which is also positive for your case. 

 

If the daughter is not coming then she should not be on the K-1. It could hurt you if you put her because you would need more money to support her too. 

 

About your divorce, you might be able to add evidence that you've been separated for over 5 years.

 

If he had a visa before, he has to answer yes. It doesn't matter whether he was able to use it or not.

 

 

 

 

Ohhhh....lol! Okay, I appreciate you looking out for me on sending me that post.

 

The only reason why I asked about his daughter is because when he applied for his Tourist Visa, he listed her on that application back then, so I assume that information is saved in their systems and I wouldn't want to contradict what they have and have them thinking we're lying or he's trying to abandon his babygirl.

 

About the divorce, I have 5 copies of the whole divorce petition with the the restraining order I filed back in 2012 that I attached to the divorce petition. I know that with Jamaica, I have to front-load heavy with our petition, based on what I do for a living (I'm and AML/TF Compliance Officer so I know what countries are high-risk, etc.) but I don't want to add the divorce petition if it will hurt our chances because they say less at times is more. I'm actually about to move in June to so I can provide a copy of the lease or even the current lease if necessary.

[CubaAndChill 389]

I've read on quite a few posts on this forum to add the child onto the I-129F form even if they are not going to immigrate with the parent. On the advice from the other posters it can be seen as the beneficiary was "hiding" the fact they had a child and scrutinized harshly, plus the DS-160 will ask if the child is going to travel with the beneficiary and you can select no on that form. However, I believe it's best to put his daughter on the petition. My fiance has a son who won't be coming over either, but I put him on the petition and just stated on the DS-160 that he wasn't going to be traveling with him.

[JayMar2019 2,741]

2 minutes ago, CubaAndChill said:

I've read on quite a few posts on this forum to add the child onto the I-129F form even if they are not going to immigrate with the parent. On the advice from the other posters it can be seen as the beneficiary was "hiding" the fact they had a child and scrutinized harshly, plus the DS-160 will ask if the child is going to travel with the beneficiary and you can select no on that form. However, I believe it's best to put his daughter on the petition. My fiance has a son who won't be coming over either, but I put him on the petition and just stated on the DS-160 that he wasn't going to be traveling with him.

Thanks for responding.

 

Did you put a statement on the petition saying that his son was traveling with him or something in that fashion, or just on the DS-160?

[CubaAndChill 389]

4 minutes ago, Trinab80 said:

Thanks for responding.

 

Did you put a statement on the petition saying that his son was traveling with him or something in that fashion, or just on the DS-160?

No I didn't add any additional information with the I-129F. I guess you can, but I didn't think about it at the time. I just selected on the DS-160 that no one was going to be traveling with him and that the child wasn't going to be immigrating with him or anytime in the future, as I truly doubt his mom will let him come live with us at any point in time.

[SparklePony 238]

I think you being there with him at the time of interview will strongly help your case.

[JayMar2019 2,741]

41 minutes ago, SparklePony said:

I think you being there with him at the time of interview will strongly help your case.

Thank you for responding.

 

I'm hoping me being there with him will definitely help. We're going through this together every step of the way! 

[Pinkrlion 2,724]

Jamaica believes in establishment of a bonafide relationship.  Make sure that you provide plenty of evidence with your petition especially with his daughter and his family.  JA finds it strange that people dont submit evidence of mingling with his family.  Make sure your statement of how u met and established a relationship is at least one page.  They will question how u got engaged prior to your divorce.  They dont care about separation.  When u got engaged u were not free to marry.  With the right quality of evidence u will not have any problems.