Child from assault

[Jonbolson 1]

Good evening,

 

I have petitioned for my fiancee to come got the United States, the petition was approved, she is almost finishing with the embassy, and she discloses that she was assaulted and got pregnant, she didn't tell me the news until a week before the child was born.  I am asking how the child can be brought to the US?  I cannot blame my fiancee or the child what has happened, I will take care of the child as if she were my own.  My fiancee just has to submit one more document the embassy needs and she will have her visa,  she is now saying she doesn't want to leave the child with her family.  My original intent was to bring my fiancee here, get married and then file for a K3/K4 visa for the child as a step child.  Is there a way for the child to come with her mother?

[NikLR 13,220]

k2 visa.  Child comes with mother.  However you need to apply for a visa for the child, the child needs a medical exam and an interview.  Generally speaking the visa will be valid for 6 months from the medical date so your fiancee could wait out the time for the child and they could immigrate at the same time. 

~~moved to process and procedures from progress reports~~

[Jonbolson 1]

thank you for your quick response, do i have to pettition again for the child or is this a sensitive subject that I am going to have to convince my fiancee to fully disclose to the embassy the nature of what happened?  

[NikLR 13,220]

Just now, Jonbolson said:

thank you for your quick response, do i have to pettition again for the child or is this a sensitive subject that I am going to have to convince my fiancee to fully disclose to the embassy the nature of what happened?  

No the child can be attached to the I-129F petition.  However they may ask her some questions shes not comfortable with anyhow but hopefully nothing too intrusive. 

 

Depending on how old the child is, they may ask why the child wasn't on the I-129F to begin with but with your explanation, you didn't know the child existed until recently or was born after the petition was approved. 

[Nitas_man 3,100]

14 minutes ago, Jonbolson said:

Good evening,

 

I have petitioned for my fiancee to come got the United States, the petition was approved, she is almost finishing with the embassy, and she discloses that she was assaulted and got pregnant, she didn't tell me the news until a week before the child was born.  I am asking how the child can be brought to the US?  I cannot blame my fiancee or the child what has happened, I will take care of the child as if she were my own.  My fiancee just has to submit one more document the embassy needs and she will have her visa,  she is now saying she doesn't want to leave the child with her family.  My original intent was to bring my fiancee here, get married and then file for a K3/K4 visa for the child as a step child.  Is there a way for the child to come with her mother?

 

5 minutes ago, NikLR said:

No the child can be attached to the I-129F petition.  However they may ask her some questions shes not comfortable with anyhow but hopefully nothing too intrusive. 

 

Depending on how old the child is, they may ask why the child wasn't on the I-129F to begin with but with your explanation, you didn't know the child existed until recently or was born after the petition was approved. 

I am not sure that not knowing that a child or pregnancy existed during a fiancé visa process is a strong case for a valid relationship.  Born after the petition was approved is probably a better position to take and a pregnancy during this process is going to raise a huge red flag.

 

Be prepared for the CO to thoroughly drill down into this.  It might be a little bit painful.

Edited October 17, 2017 by Nitas_man

[Jonbolson 1]

the petition was approved last in March of 2016, it's been difficult to bring my fiancee here as the embassy has been giving her the run around several times, and the medical exams were a hassle,  as well as all the addtional costs made this visa process take a long time, a long with my fiancee delaying due to the pregnancy she didn't want me to know about.

[Jonbolson 1]

then it sounds like a better option to petition for the child on K3/K4 after we are married to keep the CO from getting too personal,  along with actually hiring a lawyer to finish the green card process along with bringing the child to the US 

[Nitas_man 3,100]

18 minutes ago, Jonbolson said:

the petition was approved last in March of 2016, it's been difficult to bring my fiancee here as the embassy has been giving her the run around several times, and the medical exams were a hassle,  as well as all the addtional costs made this visa process take a long time, a long with my fiancee delaying due to the pregnancy she didn't want me to know about.

I think you should prepare yourself for a denial and figure out what you are going to do from there.  Children have to be listed on the visa application. 

The CO is going to drill into this as soon as she gives the birth date. 

 

Edited October 17, 2017 by Nitas_man

[EandH0904 1,184]

20 minutes ago, Jonbolson said:

the petition was approved last in March of 2016, it's been difficult to bring my fiancee here as the embassy has been giving her the run around several times, and the medical exams were a hassle,  as well as all the addtional costs made this visa process take a long time, a long with my fiancee delaying due to the pregnancy she didn't want me to know about.

Your visa was approved 18 months ago but she hasn't come yet?? When did you last see her? Has she been getting extension after extension? There will no doubt be issues she will have to explain about the baby's father and why she doesn't have permission to take the baby to the US and now she doesn't want to leave the baby  (I don't blame her).

 

That's a big, huge secret to keep. Huge. How could one person keep a secret from the other half for THAT long that would significantly impact BOTH your lives? If she was concerned you'd be upset how did she think when you finally found out? Did you not see photos of her for months? My fiance and I send multiple snaps a day. 

 

There's just soooooo much about this situation doesn't make sense, and the baby doesn't have anything to do with it, but secrets and lies and not seeing each other for such a looooong time. 

 

Not passing judgement, I don't know either of you, but how certain are either of you that you still want to get married? 

Edited October 17, 2017 by EandH0904

[Nitas_man 3,100]

5 minutes ago, EandH0904 said:

Your visa was approved 18 months ago but she hasn't come yet?? When did you last see her? Has she been getting extension after extension? There will no doubt be issues she will have to explain about the baby's father and why she doesn't have permission to take the baby to the US and now she doesn't want to leave the baby  (I don't blame her).

 

That's a big, huge secret to keep. Huge. How could one person keep a secret from the other half for THAT long that would significantly impact BOTH your lives? If she was concerned you'd be upset how did she think when you finally found out? Did you not see photos of her for months? My fiance and I send multiple snaps a day. 

 

There's just soooooo much about this situation doesn't make sense, and the baby doesn't have anything to do with it, but secrets and lies and not seeing each other for such a looooong time. 

 

Not passing judgement, I don't know either of you, but how certain are either of you that you still want to get married? 

In case there is a feeling that judgement is being passed these are exactly the questions to be prepared for, and probably worse, at the interview.

[EandH0904 1,184]

Just now, Nitas_man said:

In case there is a feeling that judgement is being passed these are exactly the questions to be prepared for, and probably worse, at the interview.

Right right. I've certainly made plenty of mistakes in life. I definitely don't mean to sound harsh or judgemental and don't answer any of my questions, I'm no one to you - it's not my business in any way at all, but these are questions no doubt EVERYONE will ask and you and her should ask yourselves. 

[Nitas_man 3,100]

1 minute ago, EandH0904 said:

Right right. I've certainly made plenty of mistakes in life. I definitely don't mean to sound harsh or judgemental and don't answer any of my questions, I'm no one to you - it's not my business in any way at all, but these are questions no doubt EVERYONE will ask and you and her should ask yourselves. 

I'm not the petitioner here.  I do agree with what you said from the standpoint of the case being asked about.

[geowrian 22,335]

23 minutes ago, Jonbolson said:

then it sounds like a better option to petition for the child on K3/K4 after we are married to keep the CO from getting too personal,  along with actually hiring a lawyer to finish the green card process along with bringing the child to the US 

K-3 is for a spouse bit is obsolete now, and K-4 is only for a dependent of a K-3 visa. It would be a K-2 if your fiancee gets a K-1.

 

If you get married (before she gets a K-1 visa), she would need a CR-1 visa, and the child would need a separate petition for a CR-2 visa.

Edited October 17, 2017 by geowrian

[Ebunoluwa 6,136]

I have to agree with the previous poster.  I would hope for the best but prepare for a denial.
The CO will want to know when the child is due in order to figure out when it was conceived and if you were with her then. So of course she needs to
answer all questions truthfully. Yes, she needs to fully disclose everything, what if they request a DNA test if she doesn't and they assume it's yours ?
Did she file a police report she can bring to the interview ?They may think she cheated and don't believe the assault happened.
You definitely should be there for the interview in case they have questions for you.
The trust issue is huge and not to tell you as soon as it happened is a red flag.

[NikLR 13,220]

I do agree that the trust and her not telling you is a huge red flag but I was trying to simply tying to assume you two had talked everything out and there were no longer any secrets and you still wanted to get married.  Unlike other posters who have asked all those questions I have assumed you two have talked about. 

 

However, if her case has been at the embassy for 18 months, that's a bigger deal than I suspected embassy wise. That said, many children have been brought on a K2 because they were born after the K1 was approved or other circumstances so the child not being on the I-129F isn't a big deal.  You have bigger issues, but most of them personal which unfortunately spill over into the embassy.

 

The visa you're thinking of is a CR2 btw.  It takes about a year after you're married.   Your fiancee won't be able to leave to visit her child for about 4 months.  Depending on how old the child is, I can see why she would refuse to do this.  I would for a baby or really anything less than a teenager.