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

[bagheera75 0]

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!

[mrandmrsBRS 116]

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

[millefleur 5,035]

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 January 22, 2019 by millefleur

[bagheera75 0]

We were married in Las Vegas in December.

[millefleur 5,035]

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

[EM_Vandaveer 2,366]

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.

[Crazy Cat 39,193]

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

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

[bagheera75 0]

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 ... 

[aaron2020 11,651]

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.

[Ryan H 3,790]

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.

[Just Paul 4,591]

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.

[pushbrk 12,096]

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.

[JFH 12,189]

Do you need to get permission from your son’s father to move him overseas? If so, you might want to start work on that as it can be a long process. 

[Boiler 43,401]

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?

[C90 376]

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.