NEWBIE asking for daughter and her fiancee pls be gentle!

[payxibka 10,044]

14 minutes ago, NJShoreMom said:

Ok, I just did, now I have a couple other questions 

Can you start out applying for the K-1 and then down the road in the process fly over there and marry?  and change the petition to the C status?

And what would be some reasons a K-1 would get denied?  (we have so much proof of a legit ongoing 2 year relationship and thats not even including the now confirmed pregnancy with ultrasound pictures of the baby whose documented conception coinsides with their last trip together)

This is With all due respect to anyone who answers, as I am here to learn not to judge.

Thanks!

You can change but you do not maintain your position in the queue.  You get to go back to the end of a different line

[NJShoreMom 42]

17 minutes ago, payxibka said:

You can change but you do not maintain your position in the queue.  You get to go back to the end of a different line

This may sound "duh" but would you then have to pay a new application fee?

[aaron2020 11,651]

4 minutes ago, NJShoreMom said:

This may sound "duh" but would you then have to pay a new application fee?

Yes because it's a new petition, an I-130.

 

There is no switching or changing.  Marriage disqualifies them for a K-1 fiance visa.  There only choice as a married couple would be to start a new process, a CR-1 spousal visa.  

Edited January 10, 2019 by aaron2020

[payxibka 10,044]

10 minutes ago, NJShoreMom said:

This may sound "duh" but would you then have to pay a new application fee?

Absolutely .  Different petition,  different supporting evidence 

Edited January 10, 2019 by payxibka

[SalishSea 16,776]

Also, pregnancy is not considered to be evidence and it in no way expedites the process.

 

You may want to spend some time reviewing current processing times on this website.   Our K-1 was a total of nine months from the receipt of the petition at USCIS to mailing off my (now) husband’s AOS application.   That’s lightning-fast.   We had really no bumps along the way, and Auckland is a very low fraud embassy.  However, he still won’t be able to work or leave the United States until at least March.  

 

Your daughter’s fiancé will take longer to process as a Turkish national living in Italy (even as a legal resident) simply because of the additional background checks required.   I am not familiar with Turkey’s level of cooperation,  but many MENA countries (Pakistan, for example) do not have the same data-sharing levels as western countries,  so the administrative processing takes significantly longer.

[Mike E 11,723]

On 1/10/2019 at 8:32 AM, NJShoreMom said:

The doctor said its ok for her to travel (but as a mom/grama of course I don't want her to!)

The rules for children born abroad to USA citizens are very complex. 

 

Burdening someone complexities of trying to proof USA citizenship is not something you want to wish on your own grandchild. Otherwise, in say 10 years, your grand child will be posting here for advice on how to get a USA passport. It can get very expensive for anyone born abroad.

[aaron2020 11,651]

14 minutes ago, Mike E said:

The rules for children born abroad to USA citizens are very complex. 

 

Burdening someone complexities of trying to proof USA citizenship is not something you want to wish on your own grandchild. Otherwise, in say 10 years, your grand child will be posting here for advice on how to get a USA passport. It can get very expensive for anyone born abroad.

A CRBA and a US passport is relatively easy.  It's neither burdensome, complex, or expensive.  Don't scare people needlessly.  

Edited January 11, 2019 by aaron2020

[Mike E 11,723]

3 minutes ago, aaron2020 said:

A CRBA and a US passport is relatively easy.  It's neither burdensome, complex, or expensive.  Don't scare people needlessly.  

Sure if the parents bother to file a CRBA, get the passport shortly after, and the daughter logged enough time in the USA before giving birth. Then there is the hassle of getting a SS card.

 

Wait too long, and then we are into getting documents written in Italian officially translated.

 

At any rate, that isn't the complexity I was referring to. Birth abroad to one USA citizen has a very complex rules that are not easily summarized, but I suspect you knew that. The rules are more onerous in some ways if the parents were married at the time of birth. They are more onerous in some ways if the parents were not married at time of birth. E.g. if the parents weren't married and the mom took at least one trip abroad every 364 days or less,  then the kid isn't American. Proving that the mother didn't do that can be hard.

 

USA is a jus soli kind of place. 

[aaron2020 11,651]

7 minutes ago, Mike E said:

Sure if the parents bother to file a CRBA, get the passport shortly after, and the daughter logged enough time in the USA before giving birth. Then there is the hassle of getting a SS card.

 

Wait too long, and then we are into getting documents written in Italian officially translated.

 

At any rate, that isn't the complexity I was referring to. Birth abroad to one USA citizen has a very complex rules that are not easily summarized, but I suspect you knew that. The rules are more onerous in some ways if the parents were married at the time of birth. They are more onerous in some ways if the parents were not married at time of birth. E.g. if the parents weren't married and the mom took at least one trip abroad every 364 days or less,  then the kid isn't American. Proving that the mother didn't do that can be hard.

 

USA is a jus soli kind of place. 

BS.

[payxibka 10,044]

47 minutes ago, aaron2020 said:

A CRBA and a US passport is relatively easy.  It's neither burdensome, complex, or expensive.  Don't scare people needlessly.  

Agreed.   The complex component affects such a small small small group of the population.   For the typical applicant it is not difficult 

[Shiran 1,134]

I really think daughter and her partner should be the ones here absorbing this, and making decisions on what is best for them, and their child. Giving the situation, getting married, which will ensure the child is not born out of wedlock, and continuing with CR-1 makes most financial sense and safest route, for no other reason as it makes for strong case, reduces a risk of a refusal due to the whole Turkish citizen, living in Italy etc complexity, and provides definitive answer to "If your relationship is bona fide, and you intent to marry, why have you not done it before the birth of the child?" that is likely to pop into a mind of a consular officer. It also allows fir future Father to bond more with the wife and actually be there for the childbirth. And, ultimately, it will be cheaper as was stated, as it is a simpler process. 

[Ontarkie 13,918]

~~ Posts removed for derailing this thread, and some quoting. Stick to the OP's questions and only her questions. Further derailing will result in suspension.~~

[Ryan H 3,791]

Moved from K1 Progress Reports to What Visa Do I Need - Family Based Immigration forum.

[civilservant 42]

Does everyone not think this guy has a serious chance of a long-ish AP? Not sure what Turkish Cits are being out through these days.

[NJShoreMom 42]

1 hour ago, shouldiorno said:

Does everyone not think this guy has a serious chance of a long-ish AP? Not sure what Turkish Cits are being out through these days.

I'm not sure what you are trying to say.