Yugo1996

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. 

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.

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. 

6 minutes ago, payxibka said:

The issue is not the citizenship of the child,  it is your citizenship and your relationship with the child. 

So the best option or only option I have is to apply for the I-130 and re-do the entire process again. 

Will my fiancee at least be able to come to the U.S. and for us the get married and then have her return and wait for the I-130 to be approved for my son?

Just now, payxibka said:

You were a USC just not eligible to pass citizenship.  Even if you were not at the time of birth,  you are now.  

I don't understand. So I didn't reach the criteria of Birth Abroad and could not pass my citizenship to my child, and I won't be able to pass my citizenship to my child at all anymore through Birth of Abroad since at the time of his birth I wasn't eligible even tho in a few months I would be eligible.

And the fact is that my child who is not eligible for Birth of Abroad ever, since at the time of his Birth I was not able to pass citizenship to him, is also not eligible for a K-2 because I am a citizen of the United States and he cannot obtain a K-2 Visa because of it. Well that is

1 minute ago, payxibka said:

You needed to be eligible to pass citizenship at the day of birth, it is not something that can be passed later on.

So then he technically isn't eligible or isn't a child of a United States Citizen since I did not meet the criteria for his citizenship to be transferred to him when he was born. He is a citizen of my country and has my home countries passport, identity number etc. 

So then he would be considered only a child with one citizenship and should be considered eligible for a K-2 as the requirement requires only the child to be under 21, and some minor things as the child to not have been married etc but doesn't really apply to us. In the requirements it states that it doesn't matter that if the child was biological, adopted, etc as long as it falls under the criteria that he or she is not over the age of 21. Sorry but everywhere I go enters a grey area, to which I even had the embassy questioning if its possible or not. 

I just hope everything works out tomorrow, and if not to have at least Plan B and Plan C ready at hand at least in my head. 

3 minutes ago, payxibka said:

Unfortunately he is the biological child of a USC,  which means the i130 is the only available path

From research the I-130 is a long process and basically re-doing the entire process we did for the I-129. Would it be best if I just waited and acquired the few months left for him to be eligible for Consular Report of Abroad and then apply for him, and have my fiancee just come here and get married and then return back after we applied for adjustment of status. 

Thank you for helping us, really disappointed that my attorney did not know this knowledge when applying, I would have returned back and just went through with the marriage visa instead of the K-1. We just wanted to be reunited as soon as possible. 

Silly of me to say "win", but somehow provide evidence to state that is eligible since he technically is and isn't. Since he doesn't file under any other category, and technically the only qualification for a K-2 is that the child has to be under the age of 21. 

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. 

Thank you all greatly!

Really happy to hear, that I do not need to go to the states and leave my family in order for them to be able to obtain a Visa. I have a few months until I finish school. I will go ahead and move on with the CR1 as it makes the most sense to be honest.

Thank you all very much!

Firstly, Thank you all. Making this a lot easier.

I could not find a DCF in my country but I will try and call the Embassy tomorrow.

We are open to getting married here in BiH and then applying for a CR-1, the only situation we have is that we don't want to be separated for too long. Which ever option gets us together faster is the option we are willing to go.  We were told that the K-1/I-129F is the fastest, and that it would take a while for them to obtain a Green Card and would not be able to leave the country, which isn't a problem for us.

I do not need to leave for the states, but I thought it was a requirement for me to live in the states and be domicile in order for them to get accepted. 

Thank you all again for such quick responses.

Hello everyone. 
I'm a U.S. Citizen currently living in Bosnia and Herzegovina, I am currently finishing up my degree in Computer Science and have been here for 7 years. My fiancee and I have been engaged for 5 years and have been living together since our engagement, and we have a 3 year old son together. 
We are gathering all the necessary documents needed to apply for a K-1/ I-129F, as I will be leaving for the states soon. When I get back, I will be living with my parents until I'm able to find a job and an apartment.
My only concern is that, will we get denied since I do not have a job in the U.S. and are my parents able to be their sponsor, they are also U.S. citizens and work in the states?

Thank you ahead, as any help is much appreciated!