Short relationship and now pregnant!

[John & Rose 7,237]

13 minutes ago, james9117 said:

That is a bit of a pain but like you said I can basically start work immediately whereas with the k-1 it'll take months for just the work permit!

That is one of the big advantages.  You will be able to travel internationally and work within a couple weeks compared to 6 months (after marriage).  People forget that part!  The 6 month clock starts when AOS/AP/EAD is filed after the wedding.

[John & Rose 7,237]

1 minute ago, geowrian said:

This seems backwards...? A K-1 is more likely to be ultimately denied than a CR-1.

A refused K-1 with the petition being sent back will sit and die.

A refused CR-1/IR-1 with the petition being sent back can be reaffirmed and not refused again for the same reason if based upon the same evidence.

If concerned about the CO's evaluation of the relationship, then a spousal visa would be an optimal path.

 

Also, certain crimes can be an issue with an I-129F, but only very few crimes are an issue for an I-130 (e.g. AWA).

I agree but others have fought about it.  I have gone both ways but I do agree with you.  Others have argued that the CR is an option after K-1 but the K-1 is not an option after CR.  I suppose a CR denial would also mean a K denial anyway.  I think I will revise that for the future.

[FluffyBalls 52]

Having a kid together is about the best evidence you can provide for a legitimate relationship. You're from a low fraud country. You'll be fine.

 

Honestly, you probably should have stayed, married, and adjusted status. 

 

If the choice is between a K1/CR1, go the CR1 route. The K1 is a frigin raw deal nowadays. You can still visit while either of these are pending.

Edited January 22, 2019 by FluffyBalls

[FluffyBalls 52]

29 minutes ago, Gama said:

As someone who is from the UK and having been through the K1 visa process.. Dont do it. Go with the CR1 its cheaper and will allow you to be able to work as soon as you arrive in the US. and they say the K1 is faster but in reality its not. K1 visa used to take 6 months now its pretty much the same as the CR1 which is 10 months. 

 

Unfortunately you cannot expedite the process due to pregnancy.

 

Good luck.

The fact that the K1 requires going thru the full AOS process (including interview) makes it possibly absolute worst path. I agree, stick it out and do the CR1.

[Gama 475]

Just now, FluffyBalls said:

The fact that the K1 requires going thru the full AOS process (including interview) makes it possibly absolute worst path. I agree, stick it out and do the CR1.

Best decision you will ever make, im learning the hard way. 10 months for K1 then arrived in August last year still waiting for EAD and AP.  Painful funniest thing is everything is tied to the Visa so even though i passed the US driving test my license cannot be renewed until i get my EAD so no driving, no working, and no leaving the USA..... "Living the American Dream   Nightmare" 

[Ontarkie 13,915]

~~Duplicate threads merged. Do not start another thread when posted in the wrong section. You can report it to be moved. As nothing has been filed the proper forum is What Visa Do I Need and this thread mas been moved there.~~

[yuna628 9,528]

I know that a lot of people here are advising the OP to go through the spousal visa route, however they should understand that doing so requires the couple to be married to begin with. That would require them to actually get somewhere to be married. And unless this couple would like to go through a fiancé marriage visa on the UK side, they would have to figure out the logistics of getting married in the US. The US fiancé should also understand that there are the financial requirements of sponsorship no matter which visa they choose, especially since the OP mentions additional financial hardship with a new apartment and a baby now on the way.

 

If working immediately to reduce financial burden is important than of course a spousal visa would be the better choice, but there would be nothing to speed up the process for the OP, and if going that route they will have to decide where they will want to marry... if it is the UK, the OP will have some more hoops to be jumping through.

 

Frankly OP, no matter which route you decide on, a lawyer is not required. What is required though is taking time out to carefully read about which visa is best for you and their process. You have a lot of things to figure out here. It's not enough to say ''I'm deciding on X visa", the couple needs to figure out if the financial sponsorship can be met? If marrying in the UK can they pass the UK rules for doing so? Does the couple have enough funds inbetween the entire process to visit each other? If the baby arrives before the paperwork is approved (and this is likely), who is helping care for the mother and child, and will there be additional financial burden?

Edited January 22, 2019 by yuna628

[Sarah G 166]

October 10th to January 9th is 91 days. Did you overstay? May be worth checking what date they put on the stamp in your passport. If it's before January 9th it may give you some extra paperwork to deal with. 

[yuna628 9,528]

2 minutes ago, Sarah G said:

October 10th to January 9th is 91 days. Did you overstay? May be worth checking what date they put on the stamp in your passport. If it's before January 9th it may give you some extra paperwork to deal with. 

I was wondering this as well. If true, the OP has destroyed any future visit chances without obtaining some kind of visa for sure and it would definitely eliminate the prospect of marrying stateside without a K1.

Edited January 22, 2019 by yuna628

[Sarah G 166]

1 minute ago, yuna628 said:

I was wondering this as well. If true, the OP has destroyed any future visit chances without obtaining some kind of visa for sure.

Hopefully he departed on Jan 8th, and just landed in the UK on Jan 9th. That would still be OK as they would consider the departure date the relevant one.  (Coincidentally, I departed the US on Jan 8th and landed in the UK on Jan 9th haha) 

[Roel 7,191]

37 minutes ago, FluffyBalls said:

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

It's really not. 

[jakejon 1,196]

My POE for the K1 visa was 10/10/18 and my passport was stamped with 90 days. My I-94 expired 01/07/19. 

[jakejon 1,196]

So yes there would be an overstay of 2 days as his 90 day stamp would expire same day as mine. 

[Sarah G 166]

7 minutes ago, jakejon said:

So yes there would be an overstay of 2 days as his 90 day stamp would expire same day as mine. 

Whoops

[jakejon 1,196]

2 minutes ago, Sarah G said:

Whoops

Yeah I guess. The OP no longer can use his ESTA. That privilege has now gone! 🥴