K-1 / K-2 Complicated process

[Boiler 43,436]

K1 seems an odd choice, well it is an odd choice most of the time but even more so in this case and not petitioning for your child even more so.

[Just Paul 4,591]

I hate seeing cases like this. You situation isn't easy but the attorney should have immediately seen the issues. 

 

Only two real options.   File the I-130 for your son and try to expedite it (doesn't really meet urgency but free to ask)  or get married and file I-130s for the both.  

 

 

[Yugo1996 9]

17 minutes ago, Boiler said:

K1 seems an odd choice, well it is an odd choice most of the time but even more so in this case and not petitioning for your child even more so.

Oh it definitely is now, we were under the impression that the K-1 and K-2 would work in our case as it was the quickest to reunite our family. Funniest thing about all of this is, multiple immigration attorneys suggested we do the K-1 over the spouse visa.
Since he is technically petitioned under the K-1 but not eligible. 

[Yugo1996 9]

4 minutes ago, Paul & Mary said:

I hate seeing cases like this. You situation isn't easy but the attorney should have immediately seen the issues. 

 

Only two real options.   File the I-130 for your son and try to expedite it (doesn't really meet urgency but free to ask)  or get married and file I-130s for the both.  

 

 

Seems like what will happen. I will see what options the Embassy offers, our best bet is going to probably be to hold of the interview and try to expedite the I-130 for our son and hope they approve.  

What's even more ironic is that we went to multiple attorneys and they all said that he would be eligible since he's technically not a U.S. Citizen and that since my Fiancee is his biological mother and it wouldn't matter that we had a child out of wedlock since he was technically under the requirements. Which obviously wasn't the case. Regret not going to DC and expanding my horizons for attorneys.

[Yugo1996 9]

Either way thank you all for helping me. Helped put things into perspective much better and help me plan out for other situations.

I hope this helps anyone else with this awkwardly weird situation. 

[Orangesapples 1,954]

40 minutes ago, Paul & Mary said:

I hate seeing cases like this. You situation isn't easy but the attorney should have immediately seen the issues. 

 

 

Yep, I'm not a lawyer, I'm just a DIY immigrant and I immediately saw the issue with the K2. Immigration lawyers seem to be the most useless ones. 

 

OP, fire your lawyer and either just use visa journey or hire a competent one. 

Edited January 24, 2020 by Orangesapples

[Bzegurl 41]

I saw this post and just came up here to say sorry for what you are going through. I have no respond because there is really no right now no wrong answer. You and your fiance will have to decide whats best for your family. That immigration lawyer however, should be FIRED and exposed. I despise stupidity could have saved you a lot of hurt if they had told you. Good Luck!!

[Sparkle Sparkle 913]

Leave the kid behind, Find a good care for him. File l-130 for him ASAP. Immigration is never certain and definitely time consuming do not miss opportunities by starting over again... Alway take the next best option available. 

[HRQX 4,145]

4 hours ago, Yugo1996 said:

going to probably be to hold of the interview

Note that I-129F revalidation isn't guaranteed; 9 FAM 502.7-3(B): https://fam.state.gov/fam/09FAM/09FAM050207.html I.e. the I-129F can expire.

[Just Paul 4,591]

I'd be inclined to withdraw the K1 and file the I-130s.   I just don't see anyway this moving fast and sucking any less.

[Orangesapples 1,954]

44 minutes ago, Sparkle Sparkle said:

Leave the kid behind, Find a good care for him. File l-130 for him ASAP. Immigration is never certain and definitely time consuming do not miss opportunities by starting over again... Alway take the next best option available. 

The primary caregiver being separated from the child for a year sounds like a terrible idea. 

[milimelo 4,205]

File I-130 for son. Get married and file I-130 for spouse. Surprised you even considered fiancée visa in this situation. 

[zochu 255]

7 hours ago, Orangesapples said:

The primary caregiver being separated from the child for a year sounds like a terrible idea. 

* is a terrible idea

 

 

[eirinlinn 105]

13 hours ago, zochu said:

* is a terrible idea

 

 

Agreed! a baby shouldn't ever be separated from their mom 😪

[eirinlinn 105]

On 1/23/2020 at 1:12 PM, Yugo1996 said:

First sorry if I miss post or make a mistake ahead of time. I believe I posted here before, unsure if it was this account. All I know is, that it was an amazing help and reassurance from others. For that I thank all of you who helped me before and for everyone taking their time out of their day to read this and hopefully input any helpful advice. 

Some information about me. I got my citizenship through my parents through naturalization when I was a child. When I was 14/15 Years of age, we moved back to my country and I finished my High school degree in my home country and then I continued studying there for University. Which I met my fiancee in high school and we got engaged my 2nd year of Uni, and started living together and had a child out of wedlock. Now, I tried to apply for Counselor Birth of Abroad when he was a 1 year old but I was not eligible because I did not reach the Criteria, in which it required I lived 5 years in the U.S. but out of those 5 years, 2 at least have to be over the age of 14. Which I do not, I have been living in the U.S. for over 14 years until I moved and I have visited off and on again, but I moved back recently about a year ago to establish domicile in the U.S. and to get consisted/permanent Job in the U.S. to support them. Once I got a job I applied for the K-1 Visa, hired a local immigration attorney to help with the paperwork as I know a slight mistake can prolong the process even longer. We filed for the I-129 etc to USCIS and everything went smoothly, we paid for everything on time, and they did their medical exam and we set an appointment for their interview when she gets a call from the Embassy today 3 days prior to her interview, saying since my son is biologically mine, he is not eligible for the K-1/I-129/K-2 and cannot obtain a Visa and they gave us 2 options. One for her to leave our child and go to the U.S. or to basically just withdraw from the process and reapply again and apply first for the I-130 for my son.

I have no idea what to do, and at this point I'm just overwhelmed. I provided all the evidence I had and did as much research as possible to hopefully win over the agent/embassy into allowing my son to be allowed a K-2 Visa to go with my fiancee/ his biological mother to the U.S. together as he is only 4 years old. Since this is a difficult case I was hoping that it would workout in our favor, they said they would contact me tomorrow for further information and to thoroughly evaluate all the information I gave them.

Thank you again. 

I am so sorry to hear about your situation it sounds so hard. There is so much at stake here that I would definitely seek out an immigration attorney so you can get your family together ASAP. 

 

Also...Regards from another fellow Bosnia & Herzegovina filer