Fiancé and I have a child together. Should we do the K1 or K3 visa?

[JFH 12,189]

15 minutes ago, NatalieRose said:

Would it be helpful to have my parents write a letter that my fiance can bring to the tourist visa interview? Stating that they will provide for his transportation to and from and that they will provide his housing and food during his stay? Or would that be just a useless piece of paper to the embassy? 

No. Such letters are not even looked at. They are a waste of time and ink. His visa will get granted or denied based on his merits, not the generosity or hospitality of your parents. 

 

For your other question, the K-1 is about as much use to you as a chocolate kettle. It’s basically an overpriced tourist visa they allows the holder to remain in the USA provided they marry the named petitioned within 90 days and then pay an even higher fee to adjust status. Their only use is for couples who have no other option of being together. Since you are living together already and don’t have the hurdle that some couples have where they cannot even visit each other easily, get married - anywhere in the world - and apply for the CR-1. That way your husband will be a GC holder immediately and can work and support his family immediately. It’s also cheaper overall. 

[NatalieRose 24]

14 minutes ago, JFH said:

No. Such letters are not even looked at. They are a waste of time and ink. His visa will get granted or denied based on his merits, not the generosity or hospitality of your parents. 

 

For your other question, the K-1 is about as much use to you as a chocolate kettle. It’s basically an overpriced tourist visa they allows the holder to remain in the USA provided they marry the named petitioned within 90 days and then pay an even higher fee to adjust status. Their only use is for couples who have no other option of being together. Since you are living together already and don’t have the hurdle that some couples have where they cannot even visit each other easily, get married - anywhere in the world - and apply for the CR-1. That way your husband will be a GC holder immediately and can work and support his family immediately. It’s also cheaper overall. 

Okay thank your for your advice and input!

 

For our immigration visa, we really aren’t looking at prices. If we get married in his country and then apply for a spouse visa it will cost just as much if not more than the fiancé visa route. It costs roughly $1000-$1800 to get married where we live. And if we travel to another country to marry we will have to deal with a visa for me, my fiancé; and our child, airfare, transportation, accommodation, and then the marriage process fee and then to apply for a spouse visa we would have to return to hat country and conduct he visa interview at that embassy (if I’m correct; I could be wrong on that last part). We are looking at what would be granted to us considering we have a child and which is the fastest. I should have stated that in my original post. We want to get to the us as fast as we can after the baby is born. (The marriage process in Cambodia takes 5+ months, so we’re factorig that into our decision as well).

[JFH 12,189]

The time difference between the two types is approximately 2 months. But you need to think long-term also. A K-1 visa means he won’t be able to work for several months (at least 4) and at the same time you will have to find over $1000 for his adjustment fees. How do you propose to do that and support a family of 3 on one wage, especially given that you have been out of the country for some time so you will be pretty much starting afresh in the job market (unless your current employer is transferring you?). Is that the start in life you want for your child? The quickest way in to the country isn’t always the best way. I don’t know what kind of work your boyfriend does but sitting at home for many months unable to work (and in some states also unable to drive) in a foreign country can be soul-destroying and we have many threads here from people who went through terrible depression as a result. You will also have to sort out healthcare for him - he won’t be entitled to anything here such as Medicaid. Immigration is a long-term decision and requires thinking with the head, not just the heart. 

 

There are countries your boyfriend can travel to visa-free - maybe look into getting married there. If he gets the B-2 tourist visa for the US have a quick courthouse wedding here during the visit. 

 

In short, you will find many K-1 people here who, in hindsight, wished they had married and filed a CR-1 instead. I’ve yet to see a post from a CR-1 person who wished they’d done a K-1. You couldn’t have paid me enough to have even considered it when we were at the “which route?” stage. 

[NatalieRose 24]

9 minutes ago, JFH said:

The time difference between the two types is approximately 2 months. But you need to think long-term also. A K-1 visa means he won’t be able to work for several months (at least 4) and at the same time you will have to find over $1000 for his adjustment fees. How do you propose to do that and support a family of 3 on one wage, especially given that you have been out of the country for some time so you will be pretty much starting afresh in the job market (unless your current employer is transferring you?). Is that the start in life you want for your child? The quickest way in to the country isn’t always the best way. I don’t know what kind of work your boyfriend does but sitting at home for many months unable to work (and in some states also unable to drive) in a foreign country can be soul-destroying and we have many threads here from people who went through terrible depression as a result. You will also have to sort out healthcare for him - he won’t be entitled to anything here such as Medicaid. Immigration is a long-term decision and requires thinking with the head, not just the heart. 

 

There are countries your boyfriend can travel to visa-free - maybe look into getting married there. If he gets the B-2 tourist visa for the US have a quick courthouse wedding here during the visit. 

 

In short, you will find many K-1 people here who, in hindsight, wished they had married and filed a CR-1 instead. I’ve yet to see a post from a CR-1 person who wished they’d done a K-1. You couldn’t have paid me enough to have even considered it when we were at the “which route?” stage. 

This is by far the most helpful comment so far! Thank you!! I definitely see the point you’re trying to make. I definitely want the best life possible for my child, that’s the only reason we even have any intention of immigrating to the US. And you are right, thinking through everything and making the best long term decision is a lot wiser than just the quickest route. I honestly don’t know much about the CR-1 process. I will have to do more research on that. My fiancé is an extremely hard worker, he would prefer to work with animals or farming of some sort. Being at home for 4 months without work would be devestating to him especially because he can not speak English and has never been out of Cambodia. He’s a small town boy. I will definitely be looking more in the spouse visa. Thank you for your information!! 

[TM92 527]

1 hour ago, JFH said:

There are countries your boyfriend can travel to visa-free - maybe look into getting married there.

@NatalieRose, for Cambodian citizens there are limited visa-free destinations: https://www.passportindex.org/comparebyPassport.php?p1=kh&p2=us&fl=&s=yes Out of the options maybe Macao is feasible, but info on the marriage process for visitors is elusive. There is info for Panama, but I wouldn't describe it as simple: http://www.panama-offshore-services.com/how_to_get_married_in_panama.htm

2 hours ago, NatalieRose said:

And if we travel to another country to marry we will have to deal with a visa for me, my fiancé; and our child

You and the baby will not need visas for the countries that have been mentioned so far, since the US passport has a high visa-free score:

• Hong Kong
• Schengen countries
• Macao
• Panama

2 hours ago, NatalieRose said:

to apply for a spouse visa we would have to return to hat country and conduct he visa interview at that embassy (if I’m correct; I could be wrong on that last part).

Does not matter where the marriage happens, the CR-1 visa interview will be at the U.S. Embassy in Phnom Penh. Unless both you and your fiancee get residency-like status in Thailand or the Philippines, for example. If that happens, then there is the faster Direct Consular Filing (DCF) option for the CR-1 visa; there is no DCF option for the K-1. Info from the USCIS Bangkok office, https://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office:

Quote

Evidence of residency must be submitted with the petition. The evidence you submit must support a determination that you are a resident in Thailand.

 

Please Note: Certain pieces of evidence may more strongly support a finding of residency than others. For petitions filed at this field office, you must submit one or more of the following:

• Passport entry stamp(s) and visa reflecting that you are residing in Thailand and not just visiting Thailand
• Residency permit or card
• Work authorization document
• Military or government orders assigning you to reside in Thailand

In addition, other evidence of residency may include, but is not limited to:

• Utility bills
• Housing lease
• Work contract or other employment documents
• Proof of local registration
• Local bank statements
• Proof of school enrollment
• Vehicle registration
• Local driver’s license
• Tax documents listing a Thai address
• Foreign property deeds or registration (although proof of property ownership in itself, may be insufficient if there is no evidence that the petitioner resides at that property)

Link to info from the USCIS Manila office: https://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-uscis-manila-field-office

5 hours ago, NatalieRose said:

we got pregnant. I’m now 16 weeks.

I assume you are aware that airlines have policies that prohibit boarding of women with advanced pregnancies (usually after 28 weeks, but varies): https://thepointsguy.com/2015/06/airline-rules-for-traveling-while-pregnant/

Edited November 25, 2018 by TM92

[NatalieRose 24]

1 hour ago, TM92 said:

@NatalieRose, for Cambodian citizens there are limited visa-free destinations: https://www.passportindex.org/comparebyPassport.php?p1=kh&p2=us&fl=&s=yes Out of the options maybe Macao is feasible, but info on the marriage process for visitors is elusive. There is info for Panama, but I wouldn't describe it as simple: http://www.panama-offshore-services.com/how_to_get_married_in_panama.htm

You and the baby will not need visas for the countries that have been mentioned so far, since the US passport has a high visa-free score:

• Hong Kong
• Schengen countries
• Macao
• Panama

Does not matter where the marriage happens, the CR-1 visa interview will be at the U.S. Embassy in Phnom Penh. Unless both you and your fiancee get residency-like status in Thailand or the Philippines, for example. If that happens, then there is the faster Direct Consular Filing (DCF) option for the CR-1 visa; there is no DCF option for the K-1. Info from the USCIS Bangkok office, https://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office:

Link to info from the USCIS Manila office: https://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-uscis-manila-field-office

I assume you are aware that airlines have policies that prohibit boarding of women with advanced pregnancies (usually after 28 weeks, but varies): https://thepointsguy.com/2015/06/airline-rules-for-traveling-while-pregnant/

I had checked the list of visa free countries for him as well and you’re right, it’s very limited. Right now I think our best bet would be to do the marriage process in Cambodia (if we pay a little more we can get it done in a few months versus 5 months). It’s a corrupt system here, but it would probably be the easiest so that way we could still work and wouldn’t have travel very far for the marriage process. And then after that we can apply for the CR-1 visa. From everyone’s comments on this post, it seems like that might be our best bet! 

 

Also for flying I did make sure to check into that. The Arline that I’m flying with allows up until 36 weeks. I will be 32 weeks when I fly. They will require a doctors not detailing how far along I am, but other than that the process is fairly simple. I have a friend who is due mid December and she just finally flew back to Australia at 36 weeks, so it’s definitely possible! 

[Boiler 43,436]

I have seen some really strange things, him getting a B2 would be up there.

 

Seems unlikely getting married costs a years average wage?

[SalishSea 16,772]

Some other considerations that come to mind for your process: expect some scrutiny since you had previously filed a petition for another man (just last year?).  Also - you will need to learn about establishing or re-establishing domicile in the US, as well as the income requirements.  

 

If your fiancé can enroll in English classes now, he will at least be a little more prepared for life in the USA.

 

Good luck!  :-)

[NatalieRose 24]

9 hours ago, Boiler said:

I have seen some really strange things, him getting a B2 would be up there.

 

Seems unlikely getting married costs a years average wage?

I’m confused by your comment. Can you explain? 

[NatalieRose 24]

6 hours ago, Jorgedig said:

Some other considerations that come to mind for your process: expect some scrutiny since you had previously filed a petition for another man (just last year?).  Also - you will need to learn about establishing or re-establishing domicile in the US, as well as the income requirements.  

 

If your fiancé can enroll in English classes now, he will at least be a little more prepared for life in the USA.

 

Good luck! 🙂

Thank you so much for your input!! Well I applied for another man in 2017 and we will be getting married (if we choose the spouse visa) in 2019 and then applying for the spouse visa in 2020. So I’m thinking maybe a 3 year difference between applying, plus a marriage and a baby might make it less strange? I’m hoping so at least. 3 years seems like plenty of time to fall in love with another man without it seeming strange. 

 

I will I’ll be making sure I have a job lined up in the US before we apply for the spouse visa. (If we go that route) Do you think that will help prove domicile? Any other ideas that might help with that? 

 

Yes we have ave been looking into. Hopefully that will help make him more comfortable! Thank you so much!  

[SalishSea 16,772]

22 minutes ago, NatalieRose said:

Thank you so much for your input!! Well I applied for another man in 2017 and we will be getting married (if we choose the spouse visa) in 2019 and then applying for the spouse visa in 2020. So I’m thinking maybe a 3 year difference between applying, plus a marriage and a baby might make it less strange? I’m hoping so at least. 3 years seems like plenty of time to fall in love with another man without it seeming strange. 

 

I will I’ll be making sure I have a job lined up in the US before we apply for the spouse visa. (If we go that route) Do you think that will help prove domicile? Any other ideas that might help with that? 

 

Yes we have ave been looking into. Hopefully that will help make him more comfortable! Thank you so much!  

The timeframe between filing should be okay, but you will still need to provide plenty of evidence for a bonafide marriage to your current guy.  Unfortunately, a pregnancy or child is not enough.  Any joint bills, lease, investment beneficiary, etc is good to gather up now.  Of course, if you do go the way of the CR-1, wedding pics and marriage certificate will be crucial.  

 

I think ways of proving domicile are to establish an address (can be your parents'), driver's license, voting records, etc.  You don't necessarily need to have all of this established before submitting the petition, but it will become more important when the interview time rolls around.

 

Also - have you been filing federal income taxes while overseas?  Even if you don't owe taxes, there is still a requirement to file.

 

I did a K-1, so hopefully some of our CR-1 members will chime in on specific recommendations to prepare for your husband's visa.

 

Finally, so much of the post-USCIS process is very individualized to each embassy or consulate.  I recommend going to the VisaJourney page for Cambodia and reading up on the experiences of others.  The very best way to avoid pitfalls and delays is to acquire as much information as you can, about your specific situation.

Edited November 26, 2018 by Jorgedig

[George & Roth 1,485]

On 11/25/2018 at 2:11 AM, NatalieRose said:

I purposely made two threads because these are two separate concerns. I will be going to the US for 4 MONTHS and then returning to Cambodia. I made a thread in the tourist visa regarding only my tourist visa for my fiancé. We fully intend on returning to Cambodia after the birth of our child. 

 

My other thread in the K1 visa forum was regarding after our child is born. We would like to apply for a fiance/spouse Visa after we return to Cambodia with our child. 

 

I had originally planned to marry now, but the process is long in Cambodia and because I need to fly before a certain time frame during pregnancy, we can not legally get married in his country before the birth of our baby. 

 

I'm a bit late to the party, but being I moved with my fiance from Cambodia thought I would chime in as I have some experience:

1) My fiance (now wife) was rejected for tourist visa 2 times. They do not tell you why, just hand you rejected letter. As mentioned, being engaged can hurt tourist visa and also for Cambodia they need VERY strong ties to return (Home, land, business, money).

2) Our son was born in Cambodia. I did the Certificate of Birth Abroad, easy dealing with embassy. (Getting the required birth certificate from Cambodia sangkat was more of a pain, they wanted bribes). Overall it was an easy process to get my son his citizenship. 

3) My son also started Pre-school there which was a good school (Garden Gecko Preschool), you do not need to rush back because of education but I would plan on it before they get to Kindergarten age. 

4) I moved to the USA and had a job when I applied for my fiance K-1 visa and our son was 2 years old living with my fiance in Cambodia until the visa was approved. I flew back a couple times and attended her interview (they asked me some questions alleviating her stress of having to answer them all)

5) I would definitely lean towards the marriage visa if given another shot at it!

6) I recommend Korean Air if it flies to your area. On purpose I get a long layover in Incheon airport and sleep in the hotel inside the terminals, helps remove jetlag issues and could be good for you with child! (Or go with ANA/United and get long layover in Japan, same in-terminal hotel option). Book your hotels online in advance!

 

 

[lummo 61]

On 11/24/2018 at 11:44 PM, TM92 said:

@NatalieRose, your husband would need a Hong Kong tourist visa (contact the Chinese embassy for details)

@NatalieRose, it seems HK accepts visa applications via mail: http://www.china-embassy.org/eng/visas/vephmsar/ IDK if its only an option for people living in certain countries (US, etc.) or any country (Cambodia, etc.).

[Just Paul 4,591]

7 hours ago, lummo said:

@NatalieRose, it seems HK accepts visa applications via mail: http://www.china-embassy.org/eng/visas/vephmsar/ IDK if its only an option for people living in certain countries (US, etc.) or any country (Cambodia, etc.).

Anyone can file.  https://www.immd.gov.hk/eng/faq/marriage-registration.html   The hardest issue might be paying for the fee.  It needs to be in Hong Kong Dollars.

[Ate 180]

For those who might be in a similar situation to the OP with a Cambodian fiance, I posted in another thread about an option to marry in Singapore: