Please help a young mom out.. urgent.

[TiffanyG 2]

I have been with a British citizen for 10 years, before you say woah that’s a long time.. we met when we were just young and fun teenagers online and we’ve been climbed at the hip since 2011 (i was only 13) we first met in 2013 when I had turned 15 and he stayed in america with me and my family for 3 Months. Still in a long distance relationship we eventually decided I was going to go visit him in Kettering, england. I was 17 and I stayed for 6 months (turned 18 while over there) and I falled pregnant.. it wasn’t our plan and we we’re definitely scared shitless but we held it out and I went back home pregnant and we were so young we weren’t educated on any of this. Some greedy slob immigration lawyer told me to lie and have him go for the b2 6 month visa and just keep him here? He told me it was fine and I wouldn’t get in trouble or anything. I was young, Pregnant, naive. He went to the embassy and they obviously denied him because they saw he quit his job in order to come and see me and be there for the delivery. We. Were. Devastated. But we did what we had to do and he was there for me through our laptops and I had our beautiful daughter. I went back to England at the end of 2016 after she turned around 4-5 months and I stayed another 6 months and we sadly had to say goodbye. We come from average low income families and he was only working part time at ASDA. Which is a super market. It didn’t make the requirement for the visa.. so he job searched for months upon months, tried trials to see if he could do night shift to earn more, promotions, asked for family help. We were losing hope. In 2019 I went back (THIS was our last visit over there) our daughter was 2 and we stayed over there for 6 months obviously because we want to be together for as long as we possibly can without breaking the law. She had her 3rd birthday over there and he lives in Wales now and it’s absolutely beautiful. We went back home and then the pandemic hit. It broke us and stressed us out, we argued and we lost hope about us and gave up and now we’re in this slump… 

 

well fast forward to now my father has offered to co sponser him if he would like to come here and live in america so we can finally be a family. 
 

 

my question is what is the best visa to take? My father works full time and makes $19 an hour so he definitely earns the income and I’m thankful he wants to help us be a family in real life. 
 

I have trust issues with immigration lawyers as you can imagine so I felt the need to take the risk and go on one of these websites. 
So, which visa should we take? What is the process with that? 
 

your not only helping me your helping a little girl be with her father. 
 

after years of suffering with all 3 Of us please.. please just take the time out of your day to guide me. I don’t want to lose him and his daughter is losing him to depression. 

[powerpuff 5,891]

~ Moved from K1 Forum to What Visa Do I need - OP is looking for advice on which route to take ~
 

Best way is to get married and apply for spousal visa (CR1). 

[TiffanyG 2]

18 minutes ago, powerpuff said:

~ Moved from K1 Forum to What Visa Do I need - OP is looking for advice on which route to take ~
 

Best way is to get married and apply for spousal visa (CR1). 

Thank you so much for responding to me! 
so spousal visa is the way to go. What are the strict requirements? 
what’s the first steps to take? 
I understand this is something that takes time but if you could enlighten me, or anybody at all for that matter about what I need to do first and so on and so forth that would be a legitimately life saver. My dad would be co sponsoring. He lives in a different state but he doesn’t mind taking the responsibility. What are the requirements for him to take? Thanks

Edited September 18, 2021 by TiffanyG

[powerpuff 5,891]

4 minutes ago, TiffanyG said:

Thank you so much for responding to me! 
so spousal visa is the way to go. What are the strict requirements? 
what’s the first steps to take? 
I understand this is something that takes time but if you could enlighten me, or anybody at all for that matter about what I need to do first and so on and so forth that would be a legitimately life saver. My dad would be co sponsoring. He lives in a different state but he doesn’t mind taking the responsibility. What are the requirements for him to take? Thanks

Here’s a step by step guide detailing the process of CR1:

The basics are that you file a petition to USCIS, then it goes to NVC and then to the consulate where he has the interview (everything is written out in the guide I attached). The whole process will take anywhere from 12-24 months.

 

You dad has to be making enough income per year. Here you can see the minimum they require depending on household size. Obviously, this is just the bare minimum. They might deny him as a sponsor if he’s close to the threshold so it’s better if he makes considerably more than the minimum they require:

https://www.uscis.gov/i-864p

 

While people here on this forum can point you to the right direction, you will have to do all the work and research since you’re the petitioner. Read the forums, read the guides, read official USCIS instructions, ask questions when come along the way. You will need to be become a student of immigration. Good luck! 

[Boiler 43,429]

VJ has guides on the process, to get things going you need to meet and marry

[milimelo 4,194]

So based on this your UK future husband won’t be coming to marry in the US which means you’ll need to get the proper visa from UJ embassy to marry there first before you can petition him. 

[TiffanyG 2]

2 minutes ago, milimelo said:

So based on this your UK future husband won’t be coming to marry in the US which means you’ll need to get the proper visa from UJ embassy to marry there first before you can petition him. 

So I have to go to the UK to marry him?  
I thought he could come here and we can get married then he could go back home while we file the entire process. 

[Sparkle Sparkle 913]

Follow the link above, if you have questions on answering any questions ask here for guidance. ....Are you both married yet?...is his name on your daughters birth certificate as the father?....it does not matter if your father lives in another state provided he has been filling taxes, meets the financial requirement and can send you documents to back it all up. 

[TiffanyG 2]

12 minutes ago, powerpuff said:

Here’s a step by step guide detailing the process of CR1:

The basics are that you file a petition to USCIS, then it goes to NVC and then to the consulate where he has the interview (everything is written out in the guide I attached). The whole process will take anywhere from 12-24 months.

 

You dad has to be making enough income per year. Here you can see the minimum they require depending on household size. Obviously, this is just the bare minimum. They might deny him as a sponsor if he’s close to the threshold so it’s better if he makes considerably more than the minimum they require:

https://www.uscis.gov/i-864p

 

While people here on this forum can point you to the right direction, you will have to do all the work and research since you’re the petitioner. Read the forums, read the guides, read official USCIS instructions, ask questions when come along the way. You will need to be become a student of immigration. Good luck! 

Which household would we be under? 

2 minutes ago, Sparkle Sparkle said:

Follow the link above, if you have questions on answering any questions ask here for guidance. ....Are you both married yet?...is his name on your daughters birth certificate as the father?....it does not matter if your father lives in another state provided he has been filling taxes, meets the financial requirement and can send you documents to back it all up. 

I’m currently reading the links I promise. We are only engaged not married yet. His name is on her birth certificate yes.  

[powerpuff 5,891]

5 minutes ago, TiffanyG said:

Which household would we be under? 

This is how your dad has to count household size (He doesn’t have to count you and your child unless you’re dependents on his tax return): 

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support.

[aaron2020 11,651]

30 minutes ago, TiffanyG said:

So I have to go to the UK to marry him?  
I thought he could come here and we can get married then he could go back home while we file the entire process. 

Without a visa, he can't come here.  

You can petition him as a finance with a K-1 visa.  However, it requires him to apply for work authorization which would take 6-8 months.  That's 6-8 months without work in the US.  

You can get marry anywhere in the world.  You can go to the UK.  You can meet in another country and marry.  You petition for him as your spouse and once he enters the US, he is authorized to work immediately.  

[Tampatownfan 16]

My advice would be to read through all of the respective guides on what visa would be the best one for YOUR specific circumstances. As you have said that you are only engaged, I would strongly recommend you read up on the K1 visa especially. With travel to and from both the UK and USA being so problematic due to the epidemic, that is also something to consider. I do not mean to scare you, but as you've discovered the immigration services will ask questions. For him to travel to the USA to marry you, he will need an ESTA or like you tried before a B2. If the intention to travel is to marry and he does it on a tourist visa, that is classed as visa fraud and is illegal. That is not to say that people do not do that, I hasten to add. With the plan clearly being that he will move to be with you in the USA, I think the safest bet is to go down the K1 - Fiance Visa route. That will then keep you well within Visa law and ultimately end up with you being reunited as a family. With him already having been refused the B2 because of questionable advice, your case will be on the radar of the immigration straight away, so again, another reason to be careful in selecting the best route for you as a couple. As others have said on here, make sure you both read all the guidelines and completion guides for the forms. There is no need for a lawyer typically as everything is written down on what you need to do. Additionally, you've already made a great decision in subscribing to this site, I've used it initially for the K1 years ago, and again recently for my IR-1 when we decided to return after some time outside the USA. I wish you every bit of luck on your visa journey. 

[Crazy Cat 39,218]

19 minutes ago, Tampatownfan said:

If the intention to travel is to marry and he does it on a tourist visa, that is classed as visa fraud and is illegal.

It is perfectly legal to travel to the US as a tourist for marriage.  It illegal to enter the US as a tourist with the intent to stay and adjust status.

 

19 minutes ago, Tampatownfan said:

I think the safest bet is to go down the K1 - Fiance Visa route.

I think the CR-1 is superior (assuming they can meet during or after the marriage).  This is especially true if working asap is important.

 

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

Edited September 18, 2021 by Crazy Cat

[SteveInBostonI130 3,319]

12 minutes ago, Tampatownfan said:

My advice would be to read through all of the respective guides on what visa would be the best one for YOUR specific circumstances. As you have said that you are only engaged, I would strongly recommend you read up on the K1 visa especially. With travel to and from both the UK and USA being so problematic due to the epidemic, that is also something to consider. I do not mean to scare you, but as you've discovered the immigration services will ask questions. For him to travel to the USA to marry you, he will need an ESTA or like you tried before a B2. If the intention to travel is to marry and he does it on a tourist visa, that is classed as visa fraud and is illegal. That is not to say that people do not do that, I hasten to add. With the plan clearly being that he will move to be with you in the USA, I think the safest bet is to go down the K1 - Fiance Visa route. That will then keep you well within Visa law and ultimately end up with you being reunited as a family. With him already having been refused the B2 because of questionable advice, your case will be on the radar of the immigration straight away, so again, another reason to be careful in selecting the best route for you as a couple. As others have said on here, make sure you both read all the guidelines and completion guides for the forms. There is no need for a lawyer typically as everything is written down on what you need to do. Additionally, you've already made a great decision in subscribing to this site, I've used it initially for the K1 years ago, and again recently for my IR-1 when we decided to return after some time outside the USA. I wish you every bit of luck on your visa journey. 

It is not illegal, nor is it visa fraud, to travel on a tourist visa and marry (in the US).  It is fraud to marry and stay to adjust status.

 

I do not recommend K1.  The OP stated they are a low income family, and I assume they would like to be able to work as soon as possible after immigration.  With a CR1, OP's husband can work right away.

[Boiler 43,429]

31 minutes ago, TiffanyG said:

So I have to go to the UK to marry him?  
I thought he could come here and we can get married then he could go back home while we file the entire process. 

Sounds unlikely he could visit, he can try for ESTA and if that is refused a B.

18 minutes ago, Tampatownfan said:

My advice would be to read through all of the respective guides on what visa would be the best one for YOUR specific circumstances. As you have said that you are only engaged, I would strongly recommend you read up on the K1 visa especially. With travel to and from both the UK and USA being so problematic due to the epidemic, that is also something to consider. I do not mean to scare you, but as you've discovered the immigration services will ask questions. For him to travel to the USA to marry you, he will need an ESTA or like you tried before a B2. If the intention to travel is to marry and he does it on a tourist visa, that is classed as visa fraud and is illegal. That is not to say that people do not do that, I hasten to add. With the plan clearly being that he will move to be with you in the USA, I think the safest bet is to go down the K1 - Fiance Visa route. That will then keep you well within Visa law and ultimately end up with you being reunited as a family. With him already having been refused the B2 because of questionable advice, your case will be on the radar of the immigration straight away, so again, another reason to be careful in selecting the best route for you as a couple. As others have said on here, make sure you both read all the guidelines and completion guides for the forms. There is no need for a lawyer typically as everything is written down on what you need to do. Additionally, you've already made a great decision in subscribing to this site, I've used it initially for the K1 years ago, and again recently for my IR-1 when we decided to return after some time outside the USA. I wish you every bit of luck on your visa journey. 

They have no money, what would they live on?