Short relationship and now pregnant!

[NJShoreMom 42]

2 hours ago, james9117 said:

The second is the timeframe of the K-1 Visa, the baby is due in late August and I’m sure it would be a miracle if I had the visa before then. Is there any way I could expedite the process? Not because of the pregnancy directly but the fact that she’s just moved into (and furnished) a new apartment and having time off after the baby would cause ALOT of financial distress! I could stay at home with the baby for  the first month or two to make things easier. 

 

Hope someone can advise or share their experience! 

I can't really share advise but certainly can share our experience.  My daughter is in a similar situation, as she too is expecting a baby, early August for her.  We are about to be sending out the forms and evidence for the K-1 visa, and yes we have flip flopped about which visa would be better in the long run, if you'd like to compare notes feel free to message me.  I don't wish to read any more comments about my daughter and future son-in-law should be the ones asking the questions (they have done their own research and its been impressive)  Whatever you decide, best of luck to you 😊

[FluffyBalls 52]

34 minutes ago, Roel said:

It's really not. 

Thanks for that awesome, well reasoned response.

 

Somehow our attorney w/30+ years experience must have gotten it wrong her whole career. Same with the dozens of other immigration law websites you'll hit when you google "good faith marriage evidence". And the fact that RFEs list children at the very top of the additional evidence that the petitioner can submit... USCIS must have put that there randomly somehow. 🤭

 

There's no better or more efficient way to cheat your way into a green card than to bring another human into this world, who you'll be responsible for for 18+ years at a cost of several hundreds of thousands of dollar. Right? 🙄

 

Let me guess, sworn written affadavits by family and friends are even more powerful ? 

 

Edited January 22, 2019 by FluffyBalls

[Roel 7,191]

26 minutes ago, FluffyBalls said:

Thanks for that awesome, well reasoned response.

 

Somehow our attorney w/30+ years experience must have gotten it wrong her whole career. Same with the dozens of other immigration law websites you'll hit when you google "good faith marriage evidence". And the fact that RFEs list children at the very top of the additional evidence that the petitioner can submit... USCIS must have put that there randomly somehow. 🤭

 

There's no better or more efficient way to cheat your way into a green card than to bring another human into this world, who you'll be responsible for for 18+ years at a cost of several hundreds of thousands of dollar. Right? 🙄

 

Let me guess, sworn written affadavits by family and friends are even more powerful ? 

 

Deleted because it's just not worth it. 

Also we all know attorneys and lawyers are totally never wrong! Never ever! Carry on. 

Edited January 22, 2019 by Roel

[ReyOfJakku 52]

I feel like nobody in this thread is prioritizing the pregnant fiancee. Maybe the best path is whatever allows the OP to be physically there with her when she gives birth (and for the month or two after). Because giving birth and caring for an extremely new baby is, ya know, just a little bit difficult. Getting a visa/green card as quickly as is humanly possible might not actually be the most important thing here.

 

Let's assume for a moment that OP did not actually overstay his ESTA on his recent trip. Could he enter the US again in July/August using ESTA and stay with her for a couple months? Or would he be considered too much of a risk for overstaying? (Let's also assume he has the means and job benefits to take this additional 2-3 month trip to the US, just for the sake of argument.) Obviously at some point later -- when things are calmer -- he would need to leave the US and go for either K-1 or CR-1. There is no scenario in which this new family gets to be together as much as they want. But it might be in the couple's best interest -- and the child's best interest -- to prioritize being together in the July/Aug/Sept range. Even if she has a great support network... if she has pregnancy complications, OP is probably gonna feel awful for not being there.

 

Anyway, many of you on VJ have way more knowledge than I do about what is permissible, and maybe there really is no way to make this happen. Just wanna advocate for the human side of this situation.

[Unlockable 7,306]

5 minutes ago, ReyOfJakku said:

I feel like nobody in this thread is prioritizing the pregnant fiancee. Maybe the best path is whatever allows the OP to be physically there with her when she gives birth (and for the month or two after). Because giving birth and caring for an extremely new baby is, ya know, just a little bit difficult. Getting a visa/green card as quickly as is humanly possible might not actually be the most important thing here.

 

The problem is that with the current timelines of the K1 it is not likely that it will be approved before she could travel to the US. Most Airlines don't even allow a woman to fly if she is over 36 - 38 weeks pregnant. K1's are taking 9 - 12 months and the OP has not even filed the petition yet.

 

Edited: Ooops... just saw that the OP is the beneficiary and the father. My bad. But the timeline is still a risk of him not making for the birth.

Edited January 22, 2019 by NuestraUnion

[Brittani 484]

This is on here all the time. They do not care.

If they did an expedite based on that then everyone would be getting pregnant just to get here quicker and that isn't a good enough reason to bring a child into the world. By the way, I don't mean this to sound rude. Me and my now husband got pregnant early on as well. Our daughter was included in our K1 petition and we did not ask for an expedite nor did we get in line over anyone. We waited the normal six months to receive our approval. Good luck.

[Daniela M_______ 409]

1 hour ago, FluffyBalls said:

Having a kid together is about the best evidence you can provide for a legitimate relationship.

Having a kid together only proves that 2 people had sex. Not that they have a bonafide relationship.

Edited January 22, 2019 by Daniela M_______

[ReyOfJakku 52]

2 minutes ago, NuestraUnion said:

The problem is that with the current timelines of the K1 it is not likely that it will be approved before she could travel to the US. Most Airlines don't even allow a woman to fly if she is over 36 - 38 weeks pregnant. K1's are taking 9 - 12 months and the OP has not even filed the petition yet.

 

Edited: Ooops... just saw that the OP is the beneficiary and the father. My bad. But the timeline is still a risk of him not making for the birth.

Well, right, that's what I'm saying. If the OP is able to visit the US with ESTA (unclear, given what could've been an overstay before), then maybe the safest route is to not file for K-1 or CR-1 until after the birth. Or file for K-1 in early summer and aim to visit the US during the waiting period using ESTA. Either way, there's risk of getting turned away at POE, but the risk is relatively low, right? (Unless, of course, OP did overstay already.)

[yuna628 9,528]

18 minutes ago, ReyOfJakku said:

I feel like nobody in this thread is prioritizing the pregnant fiancee. Maybe the best path is whatever allows the OP to be physically there with her when she gives birth (and for the month or two after). Because giving birth and caring for an extremely new baby is, ya know, just a little bit difficult. Getting a visa/green card as quickly as is humanly possible might not actually be the most important thing here.

 

Let's assume for a moment that OP did not actually overstay his ESTA on his recent trip. Could he enter the US again in July/August using ESTA and stay with her for a couple months? Or would he be considered too much of a risk for overstaying? (Let's also assume he has the means and job benefits to take this additional 2-3 month trip to the US, just for the sake of argument.) Obviously at some point later -- when things are calmer -- he would need to leave the US and go for either K-1 or CR-1. There is no scenario in which this new family gets to be together as much as they want. But it might be in the couple's best interest -- and the child's best interest -- to prioritize being together in the July/Aug/Sept range. Even if she has a great support network... if she has pregnancy complications, OP is probably gonna feel awful for not being there.

 

Anyway, many of you on VJ have way more knowledge than I do about what is permissible, and maybe there really is no way to make this happen. Just wanna advocate for the human side of this situation.

You can't really prioritize pregnancy when it comes to immigration. But the truth is, once you overstay on the VWP that's it. He's not coming back without a valid visa. It's very important to never waste your VWP/ESTA on careless or intentional overstaying. If he has not overstayed, then certainly he could return to visit if he is able to satisfy the officers at the port of entry (and that's a big IF that hinges on a lot of things), however it would be very important if he has stayed anywhere near max on his 90 day limit, to spend at least as long or twice as long back in his home country before returning. In ordinary circumstances we might all agree this is a very rushed relationship, and it would benefit both parents to take things slow, visit a bunch, and focus on pregnancy and care of the newborn before the marriage.. but the timeline is further complicated here (and I've rarely seen anyone on VJ advised to wait... actually wait lol). A K1 is going to take about as long as a spousal visa to get through, but they will have relatively the same requirements that the couple will have to satisfy and consider first. If he cannot visit her without a visa due to overstaying, this will compound the problem of where to get married, if a spousal visa is selected.

Edited January 22, 2019 by yuna628

[aaron2020 11,651]

A birth certificate alone does not prove a bonafide relationship between the parents.

 

A birth certificate in conjunction with pictures, visits, communications, and other evidence can support the case of a bonafide relationship between the parents.

[ReyOfJakku 52]

1 minute ago, yuna628 said:

You can't really prioritize pregnancy when it comes to immigration. But the truth is, once you overstay on the VWP that's it. He's not coming back without a valid visa. It's very important to never waste your VWP/ESTA on careless or intentional overstaying. If he has not overstayed, then certainly he could return to visit if he is able to satisfy the officers at the port of entry, however it would be very important if he has stayed anywhere near max on his 90 day limit, to spend at least as long or twice as long back in his home country before returning. In ordinary circumstances we might all agree this is a very rushed relationship, and it would benefit both parents to take things slow, visit a bunch, and focus on pregnancy and care of the newborn before the marriage.. but the timeline is further complicated here. A K1 is going to take about as long as a spousal visa to get through, but they will have relatively the same requirements that the couple will have to satisfy and consider first. If he cannot visit her without a visa due to overstaying, this will compound the problem of where to get married, if a spousal visa is selected.

Yeah, OP needs to clarify his ESTA status. He mentioned particular dates, but maybe he made a typo or something. He doesn't declare that he overstayed. And that seems like something that he should know already.

[craig21123 2]

5 minutes ago, yuna628 said:

You can't really prioritize pregnancy when it comes to immigration. But the truth is, once you overstay on the VWP that's it. He's not coming back without a valid visa. It's very important to never waste your VWP/ESTA on careless or intentional overstaying. If he has not overstayed, then certainly he could return to visit if he is able to satisfy the officers at the port of entry (and that's a big IF that hinges on a lot of things), however it would be very important if he has stayed anywhere near max on his 90 day limit, to spend at least as long or twice as long back in his home country before returning. In ordinary circumstances we might all agree this is a very rushed relationship, and it would benefit both parents to take things slow, visit a bunch, and focus on pregnancy and care of the newborn before the marriage.. but the timeline is further complicated here (and I've rarely seen anyone on VJ advised to wait... actually wait lol). A K1 is going to take about as long as a spousal visa to get through, but they will have relatively the same requirements that the couple will have to satisfy and consider first. If he cannot visit her without a visa due to overstaying, this will compound the problem of where to get married, if a spousal visa is selected.

Just to clarify, I’ve never overstayed my ESTA and never intend to. 

[beloved_dingo 1,932]

I think it's also important to consider that this is a new relationship. While the CR1 obviously has its benefits, it means making a huge commitment to each other ASAP. I say this only as a word of caution - not to doubt the OP's feelings or sincere desire to be with his partner always. It's just very easy to "jump the gun" so to speak because of the situation you are in with a baby on the way. 
 

[Mollie09 1,543]

3 hours ago, james9117 said:

Ive known my fiancé since October the 10th 2018 when I came over on an ESTA from the UK, we hit things off straight away and our relationship so far has been very romantic. The day before I was leaving to return to the UK on the 9th January 2019 she told me she was pregnant and so I asked her to marry me as I’m certain I want to be with her forever. 

2 minutes ago, james9117 said:

Just to clarify, I’ve never overstayed my ESTA and never intend to.

 

ESTA is 90 days, not 3 months...

Edited January 22, 2019 by Mollie09

[junkmart 320]

52 minutes ago, FluffyBalls said:

Thanks for that awesome, well reasoned response.

 

Somehow our attorney w/30+ years experience must have gotten it wrong her whole career. Same with the dozens of other immigration law websites you'll hit when you google "good faith marriage evidence". And the fact that RFEs list children at the very top of the additional evidence that the petitioner can submit... USCIS must have put that there randomly somehow. 🤭

 

There's no better or more efficient way to cheat your way into a green card than to bring another human into this world, who you'll be responsible for for 18+ years at a cost of several hundreds of thousands of dollar. Right? 🙄

 

Let me guess, sworn written affadavits by family and friends are even more powerful ? 

 

Ditto about the other member's snarky response. I've only been a member of the forum a few weeks, but have been reading for over a year. I'd say its typical of them.