K1applicant

12 minutes ago, CanadianMomtobe said:

I believe your fiancee needs to have full custody of her daughter in order to take her out of the country. The father may need to waive his parental rights or give permission, but I would wait to see if he is on the birth certificate because if he's not then she might just have full custodial rights. Whatever the case may be, you need to get that sorted out before trying to take her out of the country for sure! Maybe even consult a lawyer on that? I don't know if anyone on here is really qualified to answer this question properly. 

 

And I have to second what another user has already said, what do you mean she wasn't included in the I-129F package when it asked if your beneficiary has children? I sincerely hope you did not answer 'no' when she has a daughter...

Never mind I'm sorry you already answered the question about her being on the I-129F form. 

On 8/30/2017 at 1:42 PM, Doug&Alex said:

Hello All, 

 

        I've been reading a lot on this Forum trying to learn as much as I can but I need some help.... 

My fiancee and I have been together almost 2 years now, (in November I'll have my 5th trip with her),  and have filed the I-129F through an Immigration Lawyer. NOA1 was received Aug. 17th 2017.  

 

My Fiancee has a 6 year old daughter, soon to be 7 named Sarah. Until recently (two weeks ago), Sarah lived with her Grandparents in the Province. No court order to do so, no legal paperwork. Just her living there instead of with my fiancee. Recently it's come to light that Sarah's father and her grandparents were not taking very good care of her, so the fiancee has had enough and has taken custody of Sarah. 

 

When we filed for our I-129f, Sarah was not included on there. We were intending to bring her in about 6 to 8 months time after the future wife gets here to the States. However now that she has taken custody of Sarah, we are having Sarah added to our application next Monday. 

 

Here's the deal:

1. Sarahwill be 7 in November

2. Sarah is illegitimate

3. Fiancee has never been married

4. Unknown if Sarah's father is even listed on the BC or not (we have a BC coming from NSO soon)

 

My delima:

 

1. Do we need Sarah's father's permission for my fiancee to bring Sarah with her? 

2. What Legal recourse does Sarah's father have towards keeping my fiancee from immigrating with Sarah? 

3. Will the USEM even care about Sarah's father's wishes? 

 

Is there anyone on this Forum, with Fiancee's having come from the Philippines, with young children?  Did they need the father's permission to do so? 

 

Thanks for your help! 

 

Sorry for the first post. I couldn't find the answers I'm looking for. 

 

I believe your fiancee needs to have full custody of her daughter in order to take her out of the country. The father may need to waive his parental rights or give permission, but I would wait to see if he is on the birth certificate because if he's not then she might just have full custodial rights. Whatever the case may be, you need to get that sorted out before trying to take her out of the country for sure! Maybe even consult a lawyer on that? I don't know if anyone on here is really qualified to answer this question properly. 

And I have to second what another user has already said, what do you mean she wasn't included in the I-129F package when it asked if your beneficiary has children? I sincerely hope you did not answer 'no' when she has a daughter...

15 minutes ago, stackeria said:

 

At the risk of going slightly off topic, the US citizenship registration for the twins may be slightly more complex if they are born out of wedlock. See the "Birth Abroad Out-of-Wedlock to a U.S. Citizen Father" section in https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html. If that is a concern for the OP, I'd make an enquiry with the US embassy in Dublin.

 

Best of luck and congratulations!

It's not really more complicated. I'm in that situation and you just need to go to the US embassy where you want to register the birth and show the birth certificate with the father's name on it. Although, I live in Canada so the father will actually be present when we register her - I guess it might be a little trickier if he's absent? In that case you might need a notarized letter from the father acknowledging paternity or maybe even a paternity test??

But all the embassy in Canada requires is the birth certificate with the father's name on it. 

22 hours ago, legatoblue18 said:

After my last visit my fiancee is pregnant with twins (based on the date of conception there's no doubt I'm the father since it falls in the middle of my month long visit), is this a reason USCIS would expedite or give preferential treatment to our case?  I did include this information in the petition.  Also, what causes such a large variance in processing times of petitions?  I have been looking at different timelines and see some get NOA2 very quickly while others take twice as long, some people have Visa in hand after 5 months, others take upwards of 9.  As a first time filer what can I generally expect?

I'm pregnant as well and from what I understand pregnancy is no reason for the visa process to be expedited, and I definitely don't think you should expect preferential treatment. I know I'm certainly not expecting any because I'm pregnant. As people have pointed out to me, pregnancy proves intimacy not necessarily anything else. Although of course it doesn't hurt in regards to showing your desire to build a life together as a couple and we mentioned our pregnancy in a letter we wrote expanding on question 54 on the I-129F form. I have been advised on this site not to go overboard with my pregnancy in the relationship evidence and I think that was very good advice. Someone also mentioned that it would be unfair to couples who can't have/don't want kids (but then again life is unfair). 

You never know though, there was one user (forget her handle) who said that her process moved VERY quickly and she attributed it to her pregnancy. You might get a nice USCIS officer who sympathizes with your pregnant fiance's desire to be with the father of her children at the time of the birth. And yes, processing times seem to vary greatly and that probably depends on how straightforward your case is. If your fiance is from a high risk country (in terms of marriage fraud) then it will probably take a little longer and you might get an RFE (Request for more relationship evidence) which causes delay. If it's a simple straightforward case and your fiance comes from a country that is not considered high risk of a) marriage fraud or b) becoming a public charge then it might go as fast as 2 - 3 months! Good luck. 

2 minutes ago, N400fiasco said:

Thanks for the advise and congrats on your pregnancy! Hope it all works out soon!

 

I hope I am citizen by the time my child is born else it would make things more complicated . From what I can tell from reading up so far, I should be eligible to claim child as citizen (Consular Report of Birth Abroad)  as long as I meet the physical presence test of 5 years in US (which I will). There at least doesn't seem to be any indication that father should be citizen at time of conception   

Thanks and congrats to you too!

No, don't worry at all about conception. Just birth

11 minutes ago, shawndee said:

Our application was at the NVC for only a few days then, off to the embassy. After the NOA 2, the process for K1's REALLY moves!

Nice! Congrats.

14 hours ago, N400fiasco said:

Hi All, my fiance in India is pregnant and we are expecting a baby in January. My naturalization has been pending for more than a year and I finally have my interview scheduled on Sep 26. (Fingers crossed) will be citizen on that day or at least soon after. My original timeline was to have my fiance join me here by now, but my N400 delay screwed this timing up completely. Now at least the N400 process end is near and it's time to file paperwork for my fiance and my kid.

 

A few questions for any kind soul willing to share some advise:

 

1) Knowing my child will be born in India, is it a good idea to file a K1 or should we marry in India and file a I-130 and K3? Any pros/cons to the approach ?  (I had always thought of going the K1 route, but N400 and pregnancy have forced me to rethink).  My top priority is to have both of them here asap and preferably marry in the US. 

 

2) I have been in the US since Jun 2011 as a permanent resident, so I assume that my child will be a citizen at birth? (assuming USCIS naturalizes me before January! Tick tock!)

 

3) Should I get a lawyer to help with upcoming paperwork? I am usually skeptical about lawyers since I have to double check their work anyway and haven't had particular luck working with good lawyers (based on real estate and divorce lawyer experience only)

 

Thanks for your help!

I am also pregnant and my American fiance and I are going with a K1 visa because the processing time is much faster, so I would recommend that for you as well. 

If you are a US citizen at the time of the child's birth then the child can be registered and you can apply for a US passport thus proving his/her citizenship when entering the US and would not need a visa of any kind to enter. If you are not a citizen at the time of your child's birth then this does not apply. That might be a little more difficult and require a separate (K2?) visa so I hope for your family's sake that you will be a USC at baby's birth. I can't help you much more than that because my daughter's father is an American by birth in the US and has been a USC all his life. Don't assume your child will be a USC though even you are naturalized at birth - that's something you really need to look into. I don't know if being naturalized gives you and your family the same rights to citizenship but I don't see why it wouldn't? I know just being a PR/having a green card does not entitle your children to US citizenship though... someone on here should be able to answer that. 

It's a matter of personal opinion I guess but I (and majority on here) have not found a lawyer necessary. They just want to pocket your money. None of the paper work is in any legal jargon that only a lawyer would properly understand. It's tedious but very straightforward. Just requires a lot of work. The only time I would suggest a lawyer is if the couple's second language was English and they wanted to make sure the instructions were followed. Even then, everyone on this site really tried to help each other out which makes it a great resource. Just make sure you read and then reread all instructions VERY carefully. 

Good luck!

On 9/1/2017 at 7:56 PM, NikLR said:

Remember as well that as a K1 your petitioner will file 2 affidavits of suppprt.  The I-134 is not legally binding and is presented at interview.  The I-864 is legally binding and is sent after marriage when you adjust your status.  

I just found this on a site called 'k1 approved' and now I'm confused. You are convinced that I need to list all children but this says to reflect what was on the tax return?? http://www.k1approved.com/k1-visa-tips/fiance-visa-income-requirements/

How to Read the Poverty Guidelines Chart

The sponsor’s income must be enough to support the people who depend financially on the sponsor (dependents). To determine the dependents who must be included add up the following:

• the sponsor
• the currently immigrating fiancé and any immigrating children
• any other immigrants the sponsor has sponsored in the past, and
• all family members listed as dependents on the sponsor’s tax return.

Just now, geowrian said:

List the children as of the time the form is presented. If the child is not yet born by the time of the interview (which is when the I-134 is presented), then the child should not be listed.

 

If you haven't even filed the I-129F yet and you're expecting in ~6 weeks, then this is almost certainly a moot point. From I-129F filing to interview is taking 6-8 months on average (with 4-5 months for the NOA2 alone).

A lot of the people on here are actually saying that they've been getting through the process relatively quickly (some around three months even) and on USCIS website it says current processing times for K1 visas are 5-6 months so I'm not sure where you got 6-8 from? Was that your personal experience? 

And is what you're saying that if she's born then we list three and if I'm still pregnant then list two? That wasn't clear to me. 

I've already asked a similar question on this subject but this one is different. My fiance has two children from a previous relationship and although he only claims one on his taxes (she claims the other because they share 50/50) I have been advised that we need to list BOTH children as dependents on the Affidavit of Support so that's been answered. I am currently pregnant and therefore answered NO to the question on the I-129F form "does your beneficiary have any children?". I'm wondering if by the time we have to fill out the Affidavit of Support and she has been born (highly likely I'm guessing since my baby will be born in 6 weeks and I doubt we'll have to fill out the affidavit before but I don't know? we haven't even filed yet I'm still making sure the I-129F package is perfect) if we need to then list THREE dependents? Thank you.

5 minutes ago, NikLR said:

Is your fiance planning on helping you out with paperwork and the interview?

Other than paying for it all no he works too much and I am assembling our packet and organizing everything. 

3 hours ago, NikLR said:

My kid travelled on planes before a year.  She's 14 and travels by herself now 6-8 times a year.  Rarely is sick.  In fact the only time she got sick travelling to see family was the time I decided to drive on my own for 10 hours when she was 6 months old vs taking the plane. 

That's you, your kid and your situation though, not mine. Every mother makes decisions for her child based on what they think is best and I respect yours because you're that child's mom. For me, I am not comfortable taking her on a plane while she is very small and I have my reasons for feeling that way and making that decision.

1 hour ago, Confused89 said:

So i been seeing A LOT of cases at the NVC being complete in less then 6 weeks! Is it true they are cutting down there processing times??? It seems as if people who filed after june 2017 are getting case complete very quickly. 

Would this apply to K1 visas as well???

On 9/2/2017 at 6:01 PM, JFH said:

Yep, you missed the boat with Vancouver. Two years ago you would have been able to go to Vancouver but things have changed.

 

Some people have to travel to other countries for their interviews. 

 

I imagine the the Russians feel the same way about having to go to Moscow for their interviews. Great if you live in Moscow, not so great if you live in Vladivostok. 

Yes I imagine someone from Vladivostok would feel the exact same way as I feel now. Hopefully they'll be a little more free to travel than me though - my concern is for my newborn who kinda needs me physically present in order to eat and who I cannot take on a bacteria ridden plane until she's at least a year. 

17 minutes ago, pajobra said:

It might be an added expense but I am looking forward to spending a week there. Either way I have to fly there are no medical places in the middle of Canada and since I am in Manitoba I have no choice but to either fly twice or stay longer so I voted for staying longer. My Mum is coming with me and we are treating it as a vacation. Our last one together for a very long time. I have lived with my Mum for just over 2 years now to save money and I am gonna miss her terribly. I understand though that you with a small baby would need to spend the least amount of time as possible.

Yeah, if I were on my own I'd tweak my attitude as you have but I it will be terrible leaving her even if it is only for 24 hours and bless my mum I couldn't leave her in better hands. I'll have to figure out her feeding though while I'm not there so it's a hardship. Glad you've found the positive I hope you have a great trip!

1 hour ago, broppy said:

I think they're still pissed about you burning down the White House in 1814...

It would explain the millions upon millions of jokes they have about us

4 minutes ago, broppy said:

Yeah - even getting to pick your own interview date helps. For my IR-1, the interview was scheduled Jan 5 - xmas and new year holidays meant I'd've had to spend a fortnight in Montreal if I went that route for the medical.

Yes, I just looked into all that and found out about Dr. Cheema in Surrey - that was the next thing that came to mind because this way I can just fly in the morning of the interview (well before) and then fly out later that night. I'm just trying not to be away from my baby for too long. Still sucks for all of us Canadians who don't live in Montreal because that's a significant added expense. 

10 minutes ago, geowrian said:

Yes, Montreal handles all K-1s for Canada. No, you cannot interview for a visa within the US since there are no US embassies or consulates in the US (USCIS is under DHS and cannot issue visas like DOS).

 

See https://ca.usembassy.gov/visas/fiancee/:

Effective April 1, 2016, U.S. Consulate General Vancouver is no longer processing new fiancé(e) (K) visa applications. U.S. Consulate General Montreal will be the interview location for all fiancé(e) visas in Canada. This change applies to all fiancé(e) visa petitions received at the National Visa Center after March 31, 2016. U.S. Consulate General Vancouver will continue to process fiancé(e) visa applications and conduct interviews for petitions they received prior to that date.

No there wouldn't be any US embassies in the US but I have a NEXUS (safe traveller card) for which I had to be interviewed by the US at a location just past the border. It's crazy that ALL Canadians have to fly to Montreal Canada is  HUGE country. 

I just read online that all K1 visa interviews for Canadians have to be conducted in Montreal??? Apparently the Vancouver consulate doesn't do these anymore? I live about 20 minutes away from Vancouver and about a 4-5 hour flight away from Montreal so that's crazy. Does anyone know if there is any way to schedule my visa interview in the States (Washington State specifically)? I only like about 45 minutes drive away from WA State and that would be 1000x more convenient for me. I'll have a small baby most likely at the time of the interview, unless my case is process in record time as in the next 4 - 6 weeks, and obviously don't want to take her on a germy plane with me so I'd have to leave her with my mom but that would be so hard  Please let me know if there is anything I can do to have my interview in WA State instead. 

18 minutes ago, NikLR said:

It's really not needed.  Most Canadians have a hard time showing proof of meeting since many never have a passport stamp.  We didn't send ANY chats or Skype or emails and we had a CR1 where that type of stuff is normal.  Canada is not a high fraud country so unless you were born in a high fraud country or your parents were, it's pretty easy to obtain a visa.  

That's awesome reassurance, thank you!

6 minutes ago, NikLR said:

The consulate will go through the i-134.  It isn't sent to the USCIS.  They will note the number of children and as long as the income is above the guidelines for the number of dependents it will be fine.  Same for the I-864 when you adjust status (only the USCIS will have that form.)

Okay I guess it's confusing for me because it's the Affidavit that asks for both the number of dependents and your tax form simultaneously so I assumed they were looked at together?? 

11 minutes ago, JFH said:

I wouldn't bother with anything from social media. The only requirement for now is that you have met at least once. When you go to the embassy you can take further evidence but it may or may not be looked at. You can front-load your petition if you want to let the embassy have stuff in advance of your appointment. 

 

One thing I would say about messages and chats... make sure that they are not all flirty and sappy. They really don't need pages and pages of "I love you" and heart emojis. If you are going to rely on messages as evidence then include a cross-section of all your conversations - where you discuss day-to-day things like regular couples do. We did an IR-1 where the burden of proof is higher and we included messages where we discussed money, work, health, what colour curtains to buy for the living room, where to spend thanksgiving, what to buy my mother for her birthday, my dog's cancer, etc, etc. 

That's a really interesting point. The thing is, we are just so sappy toward one another. That's how we behave in our relationship so as ridiculous as it may sound it would be a struggle to find conversations that don't include the lovey dovey stuff. We fight like any couple of course but our more serious conversations are had in person because we see each other so often. We don't generally discuss our more serious issues over text, however I do have a couple of threads where I couldn't wait until the weekend and we've had some arguments that I can show. Do you think I should include that?

Edit: Nevermind, of course I shouldn't show us arguing in our petition. I might have a look through and see if there is anything a little more mundane but do you think it's a big deal if it's all heart emoji sap? Hopefully the only consequence will be causing the USCIS officer to roll their eyes. 

7 minutes ago, NikLR said:

If you read the instructions for the form you MUST include ALL children. 

While I do not have first hand knowledge because my child is not my husband's  (the USC) I have been on this board a long time and many of the veteran members will give you this same answer.  Pushbrk is our "resident" leader on the I-864 and I-134. 

 

~~organizer hat on~~

~~Please do not start new threads for typos.  You can report the thread instead and have a mod help you.  Starting new threads on the same subject is considered spamming and is against our TOS.~~

I have definitely been thorough with reading the instructions (I wish they were a little more detailed and I'm guessing so does everyone else or we all wouldn't be here) and on the I-129F his children (both) are definitely included. This is a little tricky because on his tax form it will show only 1 dependent and I don't know if USCIS wants us to go with what the IRS records show or just how many children he has it's a little confusing. I know where you're coming from and am inclined to put 2 dependents as well on the Affidavit but I just don't know if that's the right thing. I will send a message to that user thank you!

1 minute ago, Scandi said:

Are you talking about the i-129f or the K-1 visa?

 

For the i-129f all you need is to show proof that you have met in person at leas once within the last 2 years. You prove that with passport stamps, boarding passes etc. Photos are secondary evidence. If you are from a high fraud country it might be an idea to add some proof of vonafide relationship, lther than that you don't need any.

 

For the K-1 visa you can bring all kinds of proof of bonafide relationship, including social media if you like. We showed chat coversations, screenshots from both our facebook accounts, emails, letters/cards we sent each other, photos and so on. Neither of those are a requirement if you have enough of the others, meaning if you have a lot of other proof there's no reason to worry about proof you don't have (such as social media). 

I am just putting together the I-129F but should start thinking about the Affidavit of Support and K1 visa stuff now too. I guess I'm a little thrown off because we live so close and drive to each other that we don't have passport stamps or tickets but we do have a ton of photos and loving messages. Thanks!

Hi, 

I'm curious if any of you included social media in your relationship evidence section and if so, why? I have so many great recent photos and a ton of screenshots of our sappy text conversations (lol) that are dated and everything (thanks Iphone) but I am not including a lot of social media. From what I gather the recent (or in last 2 years) photographs are the most important and then it's great to back it up with your messages to each other. In our case we live just an hour away from each other (both close to Canada/US border) and so we just text and see each other every single weekend. We don't need to skype, whatsapp, facebook or email each other to stay in contact - a lot of the time it doesn't even feel like we're in separate countries unlike it must for most k1 visa applicants. Because social media accounts can be so easily falsified (any two people could just make fake accounts and put "in a relationship with each other") and because we're not the most post happy people anyway (we have each other on our respective accounts but neither of us really post a lot about our private lives because that's just how we are). I'm just wondering if there are any pros to including social media stuff that I haven't thought of? Thanks!