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NatalieRose

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

By NatalieRose in What Visa Do I Need - Family Based Immigration

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NatalieRose Contributor

NatalieRose   24

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Filed: K-1 Visa Country: Cambodia
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9 minutes ago, TM92 said:

Even in the best case scenario of B-1/B-2 approval, OP's husband should be flexible with length of stay. CBP determines max amount of allowed stay at POE.

Okay good to know! Thank you! 

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Lemonslice
Lemonslice

Perfect, please read the guides and geowrian's answer then.   Some countries allow foreigners to get married easily; you might want to look at Hong Kong if you plan to apply for a spousal visa (now or

JFH
JFH

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

geowrian
geowrian

* Moved from K-1 P&P to What Visa Do I Need due to the OP asking about visa options *   K-3 is obsolete. It would be a CR-1 for a spouse instead.   Personally I'd go with the C

NatalieRose Contributor

NatalieRose   24

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Filed: K-1 Visa Country: Cambodia
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3 minutes ago, TM92 said:

It is 100% allowed. What is 100% illegal is to have preconceived intent at Port of Entry to Adjust Status from a tourist visa: https://citizenpath.com/faq/preconceived-intent-adjust-status/ That is why I said he will have to wait for the CR-1 visa in Cambodia after the US visit.

Okay I will definitely look into that more! Thank you! It’s expensive and a long frustrating process to get married in cambodia. (I spent $1800 when I applied for my ex to get married in his country). Going this route would be a lot easier for us if it is truly legal. 

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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3 minutes ago, NatalieRose said:

Thank you so much for your advice and wisdom on the matter!! We definitely believe he has a low chance of getting the tourist visa, but we want to give it a shot. We also thought of getting a rental agreement with my and his name on it showing that we have an incentive to return. Do you think that could be of value? 

Good luck!!!

 

It can be, although one obtained shortly before applying for the visa is unlikely to have much value IMHO. Strong ties just aren't something one can create quickly by nature.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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NatalieRose Contributor

NatalieRose   24

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Filed: K-1 Visa Country: Cambodia
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5 minutes ago, Lemonslice said:

Perfect, please read the guides and geowrian's answer then.   Some countries allow foreigners to get married easily; you might want to look at Hong Kong if you plan to apply for a spousal visa (now or later).

 

Best of luck to you and your family.

Thank you so much!! I will definitely look more into that. 

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NatalieRose Contributor

NatalieRose   24

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Just now, geowrian said:

Good luck!!!

 

It can be, although one obtained shortly before applying for the visa is unlikely to have much value IMHO. Strong ties just aren't something one can create quickly by nature.

I completely understand that. We got ourselves into this mess and we’ll have to deal with the consequences! We’re extremely happy about the baby and engagement, just wishing the timing and visa process would be easier! 

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TM92 Proficient

TM92   527

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23 minutes ago, Lemonslice said:

you might want to look at Hong Kong if you plan to apply for a spousal visa (now or later).

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

If he is able to obtain a HK tourist visa, then marriage in Hong Kong is fast and straightforward:

Good luck!

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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NatalieRose Contributor

NatalieRose   24

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Filed: K-1 Visa Country: Cambodia
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20 minutes ago, geowrian said:

Good luck!!!

 

It can be, although one obtained shortly before applying for the visa is unlikely to have much value IMHO. Strong ties just aren't something one can create quickly by nature.

Do you know if it’s possible to get a tourist visa while a fiancé visa is being processed? Or if that is not recommended? Just wondering if we should start a k1 process now and then we will be able to go to the US sooner than later after the baby is born. 

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NatalieRose Contributor

NatalieRose   24

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Filed: K-1 Visa Country: Cambodia
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2 minutes ago, TM92 said:

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

If he is able to obtain a HK tourist visa, then marriage in Hong Kong is fast and straightforward:

Good luck!

Okay thank you!! We will definitely look into that! Do you think if there was a way for us to get married before the baby is born; that might help him to get a tourist visa? Or would they look at us the same? 

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TM92 Proficient

TM92   527

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Filed: AOS (pnd) Country: El Salvador
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1 minute ago, NatalieRose said:

Do you know if it’s possible to get a tourist visa while a fiancé visa is being processed?

It's technically possible, but not recommended because COs see that as a negative for a tourist visa.

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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TM92 Proficient

TM92   527

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Filed: AOS (pnd) Country: El Salvador
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Posted (edited)
2 minutes ago, NatalieRose said:

that might help him to get a tourist visa?

Post below also applies:

1 minute ago, TM92 said:

It's technically possible, but not recommended because COs see that as a negative for a tourist visa.

Edited by TM92

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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NatalieRose Contributor

NatalieRose   24

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Filed: K-1 Visa Country: Cambodia
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7 minutes ago, TM92 said:

Post below also applies:

Thank you!! Time is definitely our biggest struggle. I mean I will go to the US to give birth, whether he gets a tourist visa or not. It’s safest and wisest. But just praying that they will grant him the visa so he can be there for the birth and to help me. 

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TM92 Proficient

TM92   527

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Filed: AOS (pnd) Country: El Salvador
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32 minutes ago, NatalieRose said:

Okay thank you!! We will definitely look into that!

If the Hong Kong and/or Chinese bureaucracy is too complex, then Europe is (far by travel distance) alternative. He could try getting a Schengen visa and then marry either in Copenhagen, Denmark or Reykjavík, Iceland:

Marriage in those 2 countries is also pretty fast and straightforward. Countries like Germany, Italy, Greece, Spain, etc. are NOT recommended because of their marriage process bureaucracy.

Edited by TM92

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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NatalieRose Contributor

NatalieRose   24

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Filed: K-1 Visa Country: Cambodia
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7 minutes ago, TM92 said:

If the Hong Kong and/or Chinese bureaucracy is too complex, then Europe is (far by travel distance) alternative. He could try getting a Schengen visa and then marry either in Copenhagen, Denmark or Reykjavík, Iceland:

Marriage in those 2 countries is also pretty fast and straightforward. Countries like Germany, Italy, Greece, Spain, etc. are NOT recommended because of their marriage process bureaucracy.

Okay good to know that we have a lot of options! Thank you very much!! 

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NatalieRose Contributor

NatalieRose   24

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Filed: K-1 Visa Country: Cambodia
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Posted (edited)

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? 

Edited by NatalieRose
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