ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHow much chat history is enough before I file our I-129F?

You don't need to send any chat logs for the initial I-129F petition, just a few pictures will be fine. 

 

Here are a few threads you can read specific to Colombia:

 

http://www.visajourn...-part-iv/page-1 (English)

 

http://www.visajourn...continuacion-7/ (Spanish)

 


ZedaynMalePhilippines2014-09-22 09:12:00
K-1 Fiance(e) Visa Process & ProceduresK-1 visa flowchart

my fiance arrived in the United States last Tuesday so I decided I would look at the k1 visa flow chart.I noticed it showed that I should get a Social Security card for her as soon as possible but people are telling me that the Social Security Department wont even talk to us until we get a green card. I guess I'm just wondering what the process is now if the flowchart is incorrect.

 

Your fiancé is eligible for a SSN.  You can go now to the SSA office and get her the number.


ZedaynMalePhilippines2014-09-23 14:38:00
K-1 Fiance(e) Visa Process & Proceduresto those who go thru ustraveldocs.com or those who know what it is..

This might help:  http://ustraveldocs....paymentinfo.asp

 

 


ZedaynMalePhilippines2014-09-23 15:40:00
K-1 Fiance(e) Visa Process & ProceduresVISA APPROVED!

Congrats!


ZedaynMalePhilippines2014-09-24 09:06:00
K-1 Fiance(e) Visa Process & Proceduresfamily in the USA

Is it a positive or negative to have family here??? i am guessing its a big red flag with a K-1 visa... She does not.  I don't know if i am over thinking this whole thing?

 

Not an issue.  It doesn't matter if she has family or not here.


ZedaynMalePhilippines2014-09-24 12:02:00
K-1 Fiance(e) Visa Process & ProceduresTime to know each other

I WANT to go visit two more times after the I-129F is filed just to expedite the situation, But does the CO officer really care if those two visits are AFTER or before the petition is filed? It seems like it wouldn't matter as long as we were working on our relationship and toward marriage?

 

Doesn't matter.


ZedaynMalePhilippines2014-09-24 09:15:00
K-1 Fiance(e) Visa Process & ProceduresTime to know each other

I have a question concerning this whole K-1 Visa process. We will have known each other for about 2 ½ months, and met once. We talk every day, and I am documenting all conversations since August 30,(we met in person between the 15th and the 20 of August). We are very good about making sure we talk about plans for our future etc, with purpose, though we did that in Bogota, in chat.  The reason I bring this up, is I noticed, on the time lines, that from NOA 1 to Embassy approval, for Bogota, is about 6 months, which I didn't know it would be that fast! That will give us about 9 months total of knowing each other..Do they question, or has anybody had any issues with only knowing each other a couple  of months before filing? is this a big issue for them, or a red flag?

 

Colombia is not a difficult embassy.  Since you only went there once, I would recommend going there again and also for her interview...yes you can attend the interview with her.  It will impress the CO to see you there and that you are supporting your fiancée.  In the meantime, keep collecting evidence of your relationship so that you can take it with you to the interview.  9 months total of knowing each other is not really a red flag.


thank you.. i am going again in a couple of months, to meet family and be with her.....  So better to do that before filing the petition? I had her sign the G325A alreadyI just won't have her date it....Then go again to see her.. I wanted to go one more time before the interview just to meet her family and know her life better....So that is a better tact to take?

Thanks for the imput.. She is enrolled in the english classes....and it improved more each day....

 

You already met her once, so just start the process now.  You can go visit her while you are still waiting on your NOA2.


ZedaynMalePhilippines2014-09-24 08:53:00
K-1 Fiance(e) Visa Process & ProceduresQuestion before filing K1

Actually i gather already all the evidence and some papers to fill up. I gather everything like skype,imesseges,call log,facetime,remittance receipt,photos. The plane ticket passport stamp and hotel receipt is with him. Before he said he will get me when he will be coming back in atates after we meet each other,thats why last june i already prepared everything,but then after a month he changed his mind. He told me he has a problem about his debts, he will settle it down first after he will get me so that when i went there no more debts to be pay like he want 0 balance and only apartment and food and some expenses he want to expense when i get there, thats what he said to me. But now a days he always say everytime he feel sad or no one is there for him that come here now or wish you were here..then i told him, go file now a K1, as always he always responds will pay first my debt.. Sometimes i feel like i'll give up. Long distance relationship is not that easy, sometimes i feel like i expect and it will end up from nothing. But we talked thru facetime almost every hour. So any advice vj family?thnx a lot

 

I'll tell you what my wife told me before we started the process.  We will always have some type of debt in our lives, but we can't let debt that debt rule our lives and force us to give up happiness.  Live life every day, despite the debts, and work to be happy...not work just to pay off debt.  Do what it takes to be happy.


ZedaynMalePhilippines2014-09-25 09:27:00
K-1 Fiance(e) Visa Process & ProceduresQuestion before filing K1

How about the saving in the bank? Do he need to give the bank statement?or what requirements to have as a financial support? What if he does have saving in bank? Thank you VJ family for answering my question... :)))))

 

Not needed.  USEM only needs the most recent year tax return and W-2.


ZedaynMalePhilippines2014-09-24 10:30:00
K-1 Fiance(e) Visa Process & ProceduresQuestion before filing K1

Hello everyone.its been a while since i started using this VJ. I stop reading some information because me and my boyfriend talk about to moved the filing of fiance visa maybe next year. Well anyway here are some of my question that i hope somebody will help me before he file K1.

1. Does my boyfriend required to have a house by his own?like he just stayed to his mom's house for the main time.
2. He still paying his debt. Which is the reason we talked that to move the filing by next year because of his debt, so does debt affect filling K1? (He has 2 job and earn $3600 a month)
3. Do we have to wait after he paid all his debt before filing K1?

Thanks





 

1.  Nope, he does not need his own house.

2.  Debt does not affect filing the K-1.

3.  You do not need to wait until all debt is paid.

 

 

What does poverty level means?is it a yearly salary?he earn almost $4000 a month..thnx a lot

 

Poverty level means the minimum level of income that should support a specific household size.  In this context, it is the required annual income your sponsor needs to make to support his household size.  To be approved, USEM requires 125% of the poverty guidelines for your household size.  If it is just you and your fiancé, then your household size is 2 and you only need $19,662 annually.  Your fiancé makes ($4000 X 12 months) $48,000 annually, so he should be good.


ZedaynMalePhilippines2014-09-24 08:41:00
K-1 Fiance(e) Visa Process & ProceduresLoss of the original K1 packet

Zedayn says:



What VJ has in their "guides" is a general reference and does not apply to all situations.  If you want to know what you should bring to an interview, you should be following an official source and not a peer generated guide.  As was stated earlier, a copy of the I-129F petition is not needed.  I didn't need it, and I'm sure many others that have went through USEM didn't need it as well.

 

Maybe you are correct.  I guess that is why the word, "IMPORTANT!", was in red and CAPS.  The self-proclaimed rockect scientist has spoken.

 



 

First of all, I never said it wasn't important to not make a copy.  I said it wasn't needed to bring that copy to the interview.  You show me below where it says to bring a copy to the interview:

 

IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.

 

The last sentence "During any future interviews the USCIS may also want to examine the original supporting evidence." This is true, and which I said in an earlier post that you should bring the original supporting documents...not the entire petition...to the interview.

 

It doesn't take a rocket scientist to know this.


Edited by Zedayn, 25 September 2014 - 09:18 AM.

ZedaynMalePhilippines2014-09-25 09:17:00
K-1 Fiance(e) Visa Process & ProceduresLoss of the original K1 packet

What VJ has in their "guides" is a general reference and does not apply to all situations.  If you want to know what you should bring to an interview, you should be following an official source and not a peer generated guide.  As was stated earlier, a copy of the I-129F petition is not needed.  I didn't need it, and I'm sure many others that have went through USEM didn't need it as well.

 

 


ZedaynMalePhilippines2014-09-24 10:03:00
K-1 Fiance(e) Visa Process & ProceduresLoss of the original K1 packet

 

Yes, you are correct.  During my gal's K1 interview the CO did ask to see documents in her packet, even though the CO had our original packet in front of her.  There should always be 3 copies made:  one submitted, the petitioner keeps a copy and the beneficiary keeps a copy.

Best of luck!
 

 

Of course they may ask to see originals of any documents you sent in the petition.  You are supposed to bring the original copies, but no need to bring the entire petition.


ZedaynMalePhilippines2014-09-23 08:43:00
K-1 Fiance(e) Visa Process & ProceduresLoss of the original K1 packet

The embassy will receive the entire approved I-129F petition from NVC.  You only need a copy for you and your fiancé's reference, nothing more.


ZedaynMalePhilippines2014-09-22 11:13:00
K-1 Fiance(e) Visa Process & Proceduresafter the interview...

Congrats on your approval!


ZedaynMalePhilippines2014-09-25 08:12:00
K-1 Fiance(e) Visa Process & Procedurespetition submitted for K1 but want to get married earlier in Hungary

If you want to marry in your country, withdraw your I-129F petition first, then get married, finally file an I-130 for CR-1 visa.


ZedaynMalePhilippines2014-09-25 08:31:00
K-1 Fiance(e) Visa Process & ProceduresStarting my K-1 Fiance(e) Visa (First step)

Hello everyone,

 

I come from Tunisia and my Fiance lives in Ohio. We are starting my K-1 Fiance(e) Visa and i would like to tell you about the first step we are about to make:

 

Prepare my documents to be sent to my fiance :

 

The Letter of Intent

The USCIS form G-325A

The passport style photo

 

My questions are:

 

Do i need to get the letter and the G-325A notorized?

Am i missing any documents?

Do i have to translate my passport, my ID and my birth certificate?

 

You do not need the G-325A notarized.

You only need to send to your fiancé the documents you already listed:  signed letter of intent, signed G-325A form, 1 passport style photo.

You do not need your passport, ID, or birth certificate at this stage of the process.  This will all be needed later at your embassy interview.


ZedaynMalePhilippines2014-09-26 08:24:00
K-1 Fiance(e) Visa Process & ProceduresApplying K1 but less than 2years in a long distance Relationship

Hi Everyone,

 

I would like to know if there is someone from here who applied for K1 visa who are less than 2 years in a long distance relationship but already has been meeting up with their fiancee several occasions in person.

 

My fiancee and I meet online and we've been talking everyday though chat, skype and phone. Stayed with him in US for a month and travels within US together. Meet the family and everything went well. After that one month of vacation with him, we also meet weekly as I am working in a cruiseship and my ship is always in the US port near to his house. He proposes when I was with him in US. We've been researching about K1 but most of the sites says, meeting personally within two years prior to the applicaiton. Has anyone applied K1 with less than a year in a relationship? The rest of the requirements we are qualified and has evidence.

 

Hope anyone can give us an idea or share their personal experience or at least give us an advise.

 

Thanks in advance.

 

Relax you are fine.  In my case, I only knew my wife for about 8 months before filing.  I also only met her once for 2 weeks in person. My petition was approved without issue. 

 


ZedaynMalePhilippines2014-09-27 07:54:00
K-1 Fiance(e) Visa Process & ProceduresAOS: Wait for RFE or Send Missing Part Now?

I would just wait to see if you will receive an RFE, if ever. 


ZedaynMalePhilippines2014-09-29 09:01:00
K-1 Fiance(e) Visa Process & Procedureswritten statement question (split topic)

After some unforeseen delay, I'm about to send our I-129F package too and reviewing all the requirements again. The "written statement from your and/or the beneficiary stating the exact date(s) on which your met in person, copy of airline tickets, passport pages....." is also bugging me. How did you do your statement @PauPau?

 

You don't need a separate written statement to answer question 34.A of the I-129F petition.  All it wants to know is the circumstances of how you met, so you only need to write enough that will fit in that space on the form.  For example:  WE MET ON [date] IN [place].

 

Some include the written statement to detail a bit about their relationship, such as a timeline of their relationship and how it began, how it evolved, etc.  But it is not required for the I-129F.


ZedaynMalePhilippines2014-09-29 08:35:00
K-1 Fiance(e) Visa Process & Proceduresfiance has conviction ..will he be approved for k-1?

short and sweet story of me (US citizen) and my fiance ben (UK citizen)

met in 2013 in cancun mexico 

traveled to see eachother:

september 2013 - i went to UK

october 2013 - he came to USA

december 2013- i went to UK

march 2014- he came to USA

may 2014- he came to USA

august 2014- i went to UK (HE PROPOSED THIS TRIP :)!!)

 

i will be traveling again to see him in december this year and we are in the process now of filling out I-129F form for K-1 Visa. For the most part everything is going smoothly but i need answers about his conviction he has for a controlled substance (cocaine) in 2012 (ridiculous, i know). on his esta form he clicked "no" to being convicted to any crimes... and now we are sending off for police certificate that will state his conviction...

 

so what im wondering and asking you all is will he be denied into the USA when he goes to embassy for interview? or do you think he will be fine?

anyone have a simila story? anything will be very helpful! thank you!!! 

 

Your fiancé was convicted of a crime related to a controlled substance.  Based on this, according to the Immigration and Nationality Act, your fiancé is not admissible to the US, nor is he eligible for any type of visa.  He also is not eligible to use the VWP (visa waiver program).

 

From § 212 (8 USC 1182) Inadmissible aliens http://www.uscis.gov...ML/SLB/act.html :

 

a. Classes of aliens ineligible for visas or admission  

 

Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:  

 

2. Criminal and related grounds

 

A.  Conviction of certain crimes  

 

I.  In general   Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of?

 

i.  a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

ii. a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), is inadmissible.

 

Your fiancé answered "no" on the ESTA form, which of course is not true.  If he had answered "yes", he never would have been able to travel to the US.  From:  https://esta.cbp.dhs...Help_1.htm#vwp3  Who is eligible for the visa waiver program?

 

  • Establish to the satisfaction of the inspecting United States Customs and Border Protection officer that you are entitled to be admitted under the Visa Waiver Program and that you are not inadmissible under the Immigration and Nationality Act.

 

Honestly, I don't think there is any chance at all here.  Your fiancé lied, and he has a conviction for a controlled substance.  You are going to need a VERY good lawyer.


Edited by Zedayn, 29 September 2014 - 03:20 PM.

ZedaynMalePhilippines2014-09-29 15:16:00
K-1 Fiance(e) Visa Process & ProceduresWho believes in miracles?

Wow congrats!


ZedaynMalePhilippines2014-09-30 09:03:00
K-1 Fiance(e) Visa Process & ProceduresLetter of intent to marry

The 90 day marriage statement was on the I-129f  back in 2011, the 90 marriage oath was also on the 156K, back in the day, that the applicant had to sign in front of the CO.  PLUS the applicant had to take a verbal oath swearing to marry within 90 days in front of the CO during the interview.

 

 

Are the COs still doing the verbal 90 days marriage oath during the interview?

 

Yes there is an oath you must read at the interview.  I can't remember exactly what it said, but I remember it was posted at the interview in 3 languages:  English, Tagalog and Bisaya.


ZedaynMalePhilippines2014-10-02 10:56:00
K-1 Fiance(e) Visa Process & ProceduresLetter of intent to marry

 

USEM rarely asks to see the LOI, even though they state you need to have one. 

 

Where is it stated that you need to have one?  It is not listed in the embassy instruction letter.


ZedaynMalePhilippines2014-10-01 15:24:00
K-1 Fiance(e) Visa Process & ProceduresLetter of intent to marry

Speaking of the CFO interview,one of the requirements is a copy of visa in the passport. If I go to CFO. Before my interview, what will I do with that visa in passport?


I already have my parental advice so it's not a problem.. Thank you :) and yes, I don't want my fiancé to spend another $*** for the nth time just to send me a one paper that isn't needed..


 

A copy of the visa in the passport is a requirement to receive the STICKER.  It is not a requirement for attending the guidance and counseling session to receive your certificate.

 

After you have your visa in hand, go back to CFO with your certificate and passport, and they will put the sticker in your passport.


ZedaynMalePhilippines2014-10-01 09:53:00
K-1 Fiance(e) Visa Process & ProceduresLetter of intent to marry

I heard this is one of the requirements in CFO here in the Philippines

 

Not needed for CFO.  It is also not needed at your interview at USEM.

 

My wife went to CFO about a month before her interview and she never had a signed letter of intent from me. 


ZedaynMalePhilippines2014-10-01 09:10:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on Affidavit of Support

USEM only requires the most recent year.  This is specific to Manila.  Other embassies may do things differently, and some may require 3 years.  But USEM does not, only the most recent year is needed.


ZedaynMalePhilippines2014-09-30 13:26:00
K-1 Fiance(e) Visa Process & ProceduresQuestion on Affidavit of Support

You only need the most recent tax return and W2.  You don't need 3 years. 


ZedaynMalePhilippines2014-09-30 12:52:00
K-1 Fiance(e) Visa Process & ProceduresTime to enter the US after visa approval

We will be sending the I-129F petition. My timeline is blank because we started to fill out forms and gather evidence to petition back in March but my fiancé was given deployment orders the day we dropped the paperwork off at the lawyer's!

 

He is due back in 8 months and we are counting on a lengthy process but allowing for a quicker approval if in fact things go smoothly (who am I kidding here though? haha) Hence the timing issue. 

 

You don't have anything to worry about.  I would go ahead and send the petition when you can.

 

It can take up to 6 months for your petition to be approved.  Once you receive your NOA2, your approval of the I-129F petition, it can take up to 8 weeks for the NVC to receive it and send it to the embassy.  Once you are issued the visa, it is usually valid for 6 months.


ZedaynMalePhilippines2014-09-30 16:51:00
K-1 Fiance(e) Visa Process & ProceduresTime to enter the US after visa approval

We are using a lawyer for our K1 visa application (please no judgement, we started the process and paid the lawyer before we found VJ! Invaluable after-the-fact advice found here).

 

Here is an excerpt from my communication with her that I wanted to check the accuracy of:

 

It can be about 2-4 weeks for it to end up at the consulate after approval.  What governs, is not time after the medical exam, but the length of time they issue the visa for.  Sometimes they do 6 months, but sometimes they do 4. 

 

It was my understanding that it is standard to have 6 months to enter the US from our medical exam date?!? Is she on crack or is this a possibility?

 

It wouldn't normally matter, we have been long distance for a couple of years already (what's another few months!) but my USC fiancé is currently serving overseas and not due to return until next year. We are trying to time it with his return and looking at the earliest possible date to send the application. We don't want to have it expire before he gets back obviously! 

 

Any thoughts on the matter? 

 

Thanks!

 

 

To clarify, what application are you sending?  Is it the I-129F petition, or did you already receive your NOA2 and you are actually applying for the visa?


ZedaynMalePhilippines2014-09-30 16:32:00
K-1 Fiance(e) Visa Process & ProceduresSo surprised!!

Congrats! 


ZedaynMalePhilippines2014-10-02 09:58:00
K-1 Fiance(e) Visa Process & ProceduresPossible I-129F Package problem

Not an issue.


ZedaynMalePhilippines2014-10-03 11:53:00
K-1 Fiance(e) Visa Process & ProceduresOther denials affect k1?! (merged)

Gotcha! This is what I assumed but I have a good and clear answer so I should be fine I hope. Someone here said read the example questions for interview, I cannot find them!! Where should I look for them? :)

 

Click the embassy reviews: http://www.visajourney.com/reviews/

 

Choose your consulate, click FIND ENTRIES, then when it refreshes, in the TOPIC dropdown menu, select K-1.  This will give you a list of all the reviews others have made about their interview process.  Some of those will have questions that were asked. 


ZedaynMalePhilippines2014-10-02 09:43:00
K-1 Fiance(e) Visa Process & ProceduresOther denials affect k1?! (merged)

I have Been denied a student visa twice this summer (lack of ties to home country) my boyfriend proposed and we have now filed for the k1 visa. Got our NOA1 yesterday and are very excited, people have told me that I should not worry about my past visa denials. True or not?

Also if I decide to apply for the esta and gets denied (wich I'm assuming cause of my previous denials) will this have any impact of our k1 visa?!

I'm just so scared we wait so long and then gets denied because of the other denials!
Ideas?!




 

Previous denials do not affect a K-1.  Relax, you are fine.


ZedaynMalePhilippines2014-09-30 14:46:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa

She still needs to sign it, and her signature needs to be original.  She will need to mail you the G-325A.


ZedaynMalePhilippines2014-10-09 09:39:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa

i have a question. what is the easiest way for my fiance to send her passport picture? coz if she's going to do it by fedex or something it takes weeks to get here in states. 

 

Where did you hear that??  My wife sent me her G-325A, letter of intent and the passport picture by FedEx.  It arrived at my place in less than 3 days.


ZedaynMalePhilippines2014-10-03 08:14:00
K-1 Fiance(e) Visa Process & ProceduresFiance Visa

i want to ask if do i need a lawyer for filing? i read some forums that. if you dont have any issues about filling you can do it by yourself.

me and my fiance is both legally married. we never get married and we never have a child. and for the affidavit of support. when do you need to show that to them?

 

You are contradicting yourself here.  Either you are married or you are not.  For the K-1 visa, you both need to be legally free and willing to marry each other within 90 days of entry to the US.

 

Filing the I-129F petition for Fiance is very easy to do, and does not require a lawyer or visa service.  Follow the guides and look at the example forms for an idea of what you need to do. 


ZedaynMalePhilippines2014-09-10 08:54:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS.  She will not be here illegally

Wrong, she will be here illegally, unless you can get AOS approved. 

 

 

Technically yes, she will be considered illegal.  However, while her AOS is in process she is allowed to stay until a decision is made in her case.

 

This is also incorrect. USC spouses don't accumulate unlawful presence while their AOS process is underway.

 

No you're wrong.  She came here on a visitor's visa.  She has to abide by that regardless of her marital status.....why then wouldn't any VWP visit, become pregnant and then AOS.......that would be circumventing the entire immigration process.

 

I say this is a bad idea....if determined at AOS to be visa fraud, a possible lifetime ban could be in the picture....I personally would not want to gamble that large.

 

 Once your AOS is in process, you no longer accumulate days of unlawful presence.  It's not so much about entering the US on a visitor visa, but entering on a visitor visa with the intention at the time of POE to stay and adjust status.

 

I agree that the proper route to a visa should be followed without "circumventing" the immigration process.  But it doesn't necessarily mean that staying and adjusting status while on VWP is illegal.  It's all about the intention at the time of POE.

 


ZedaynMalePhilippines2014-10-09 09:35:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Hi my name is Chris,

 

My girlfriend of 2 years visited me from Chile on VWP on August 6, 2014 and her returned flight is October 30, 2014. This was her first time visiting me (I visited her in Chile about a year ago) her arrival went really smooth at POE. She was asked why staying almost 90 days she respond visiting boyfriend and taking advantage of trip since is not cheap and very long flight. She had proof of ties to country but none were needed, they quickly let her in after telling them she was here to visit boyfriend. 

 

Fast-forward: October 8, 2014. We found out at a clinic she's 6 weeks pregnant! They gave us some paperwork which states she's pregnant and her expecting date is on June 3, 2015. Now i've read online and from what I have found out I have different options (Fiancee Visa, Spouse Visa, Adjustment of Status) I want to do things right and would appreciate any advice, opinion or just simply share your similar experience! Her return flight is in less then 3 weeks so I need to act quickly! I wish my baby to be born here in USA i'm a US Citizen born in Los Angeles, CA. Would also love to be next to her during this process and do prenatal care here in USA. Please any advice or opinion is deeply appreciated, as you can imagine im nervous this will be my first time becoming a dad! 

 

Questions: 

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

3: What would you advice (Fiancee Visa or Spouse Visa)?

4: What are her chances of entering USA as a pregnant woman under VWP?

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach. 

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP? We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

 

PS: Thank You everyone for your time and help! From the bottom of my heart im deeply grateful. I apologize for so many questions, I'm just so nervous with this situation and want to do things right and I have less then 3 weeks before her returned flight. 

 

 

1.  The situation doesn't change anything.

2.  They will allow her in under VWP just the same as if she wasn't pregnant, as a visitor who is able to prove to CBP that she will return home.  Yes, you can visit while your K-1 is in process.

3.  Fiance visa is the fastest...if you are concerned about her being here the quickest.

4.  Her chances are the same as ANY person trying to enter under VWP.  Pregnancy does not have any effect on being allowed entry to the US.

5.  Yes, you are responsible for covering the costs of her delivery.  You would likely have to pay out of pocket for the entire cost if she gives birth here. 

6.  It would not so much be considered fraud because at the time of entry to the US she had no intention of marrying and adjusting status.

 

Here are some visa options to consider:  http://www.visajourn...content/compare

 

It will help you decide which visa option (fiancé or spouse) is the better option for you.


ZedaynMalePhilippines2014-10-09 08:53:00
K-1 Fiance(e) Visa Process & ProceduresCorrect I-134 Poverty Guideline Calculation

125% of the poverty level for a household size of 2 is $19,662.  Source: http://www.uscis.gov...form/i-864p.pdf


ZedaynMalePhilippines2014-10-10 09:10:00