Jump to content
bagheera75

Help! Don't know in which direction to run!

16 posts in this topic

Recommended Posts

Hello!

During my 90 days visit with ESTA visa me and my floridian boyfriend (he's American citizen) discovered that I'm pregnant so he asked me to marry him and we got married in Vegas in December. 

I have to go back to Europe at the beginning of February due to my work, but which visa he now has to apply so I could come back and stay with him? Is it K3? CR1/R1? Does he have to fill the I-130 form at first? Where can he do that? Can it be done online? How long will the whole process take? Does he have to be in United States all that processing time or can he visit me in Europe at about the time I will deliver our baby? And what about my 14yo son who I would like to take with me? Does he need a separate visa or can he be on my visa? And the new baby? We planned to return in August, is it conciderable at all?

I'm really not familiar to the laws at all and I would appreciate a step-by-step guide (with links), if someone would be so kind ... 

Thank you so much!

Share this post


Link to post
Share on other sites

When you are back in your home country you guys can start the I-130 process. K1 is for couples who are not married 


germangirlintheusa.blogspot.com

~~~ mrandmrsBRS Visa journey ~~~

Service Center: Vermont

Embassy: Frankfurt/Germany

*************************************************************************

Marriage: 2014-12-30

I-130 sent: 2015-1-5

I-130 Noa 1: 2015-1-12

I-130 approved: 2015-6-10

Your I-130 was approved in 149 days from your NOA 1 date.

*************************************************************************

NVC: 2015-7-8

AOS bill: 2015-8-4

AOS P.: 2015-9-22 (e-mail, PDF)

IV bill: 2015-9-15

IV P.: 2015-9-22 (e-mail, PDF)

Case Complete: 2015-10-12 (2015-12-07)

Supervisor Review 2015-11-02Called NVC 2015-12-07 (no longer under supervisor review, waiting for an Interview Date)

**************************************************************************

Medical: 2016-1-7

Interview Frankfurt: 2016-1-19 (called NVC 2015-12-14) APPROVED :dancing: :wub:

POE: 2016-2-9 ATL (Atlanta)

Share this post


Link to post
Share on other sites

CR-1/IR-1 is a spousal visa and you would have to already be married to apply for that. K-3 is an obsolete version of a spousal visa that isn't given out anymore.

 

Since you are already married, you can apply for the spousal visa. The first step is the I-130 petition.

 

 

Edited by millefleur

03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Embassy
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – middle name is cut off 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

Share this post


Link to post
Share on other sites
1 minute ago, bagheera75 said:

We were married in Las Vegas in December.

Your husband can file the I-130 petition to start the CR-1 process. The whole process is currently taking about 1 year (or a bit longer) before the visa is issued, assuming you are approved and everything goes smoothly.

 

Please check out the guides regarding this: https://www.visajourney.com/content/i130guide1


03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Embassy
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – middle name is cut off 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

Share this post


Link to post
Share on other sites

He needs to file two I-130s: one for you & one for your son (his stepson). It takes at least 12-14 months from filing I-130 to visa in hand.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

and yes, you can visit each other during the CR-1 process...good luck.

https://www.visajourney.com/content/i130guide1


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites

Thank you for giving a little hope. But on what conditions and for how long can I visit him with children? My 90 days with Esta started in November and will end in January. The lady at the passport desk in the airport told me that I won't be able to visit United States again before November 2019 (and that's when my ESTA expires).

Can I file for a new ESTA and also for the children? And what about the 90 days ... 

Share this post


Link to post
Share on other sites
34 minutes ago, bagheera75 said:

Hello!

During my 90 days visit with ESTA visa me and my floridian boyfriend (he's American citizen) discovered that I'm pregnant so he asked me to marry him and we got married in Vegas in December. 

I have to go back to Europe at the beginning of February due to my work, but which visa he now has to apply so I could come back and stay with him? Is it K3? CR1/R1? He doesn't apply for a visa.  He files the I-130.  After it is approved, then you file for a CR-1 spousal visa. Does he have to fill the I-130 form at first? Yes. Where can he do that? Follow the Guide on VJ.  Follow the I-130 instructions on where to file.  Can it be done online? No.  He needs to send in supporting documents with the I-130 petition.  How long will the whole process take? About a year. Does he have to be in United States all that processing time or can he visit me in Europe at about the time I will deliver our baby? He can visit you.  And what about my 14yo son who I would like to take with me? Does he need a separate visa or can he be on my visa? Your husband would need to file a separate I-130 for your son.  He can not be on your visa; he needs his own visa.  And the new baby? Your husband would need to file a CRBA and ask for a US passport for your child at the US Embassy.  This is done after your child is born.  We planned to return in August, is it conciderable at all?  It's extremely unlikely that you and your son would be able to get immigration visas that fast.  Sorry.

I'm really not familiar to the laws at all and I would appreciate a step-by-step guide (with links), if someone would be so kind ...   Follow the Guides on VJ.  Link at the top of this page when using a computer.

Thank you so much!

Best of luck.

Share this post


Link to post
Share on other sites

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures; this is the OP's only viable path.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
On 1/22/2019 at 12:55 PM, bagheera75 said:

We planned to return in August

You should be able to Visit on ESTA.  However you need to be able to show proof that you will return to Estonia.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites

Start by clicking on the word, Guides, at the top of any page here.  You will follow the CR1 and CR2 visa process.  It starts with action by your husband, so he needs to get involved in learning the process or hire somebody to help.

 

Your baby, will be eligible for US Citizenship, so after birth, one of you will apply for a Consular Report of Birth Abroad and then a US passport for the baby.  You and your 14 year old son will get CR1 and CR2 visas.  Think in terms of 12 to 15 months from the time he files the petitions.  You do not have to leave the US before the I-130 petitions are filed but since you ARE leaving in early February, it simplifies things if your husband waits until you leave to actually file.  No reason not to start getting things ready now though.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
On 1/22/2019 at 1:17 PM, bagheera75 said:

The lady at the passport desk in the airport told me that I won't be able to visit United States again before November 2019 (and that's when my ESTA expires).

 

Why did she say that, I take it that you have had prior visits?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
15 hours ago, Boiler said:

Why did she say that, I take it that you have had prior visits?

If she stays the full 90 days, its best to stay out of the States for 91 days before re-visiting on an ESTA. THIS IS A RULE OF THUMB, NOT AN ACTUAL WRITTEN DOWN RULE.  I found a topic on another website where CBP actually emailed this to someone. In the end it's CBP that decides if they think you're going to enter on an ESTA to adjust status here or not and give you permission to enter the country. Don't know how CBP came up with not visiting until November 2019 date though, she might have misunderstood the CBP officer.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×