ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresK2 - What is the process?
Another question from a newbie. My fiance has a young child that we will be filing for as well. From what I understand is that we will need to include the child in the I-129F form. From there I am some what lost on what will happen next. What is the entire process for bringing a child over with a K2? Does he go through the interview and medical process with his mom? Our plans are for her to come over first while we get things situated. Then we would bring him over about 3 months later. He would be staying with his grandparents in the Philippines during this time.

Please can someone that has been through this outline the process. I do not see much info regarding the K2 process on the website.

Thanks.
Joyce and ChrisMalePhilippines2011-02-01 00:44:00
K-1 Fiance(e) Visa Process & ProceduresPost Decision Activity
Yes congrads and best wishes to both of you.

That is amazing on how fast that was.

I was just looking and 5 of the last 15 VJ approvals have been from January filers.

Hope that continues for us February filers lol.
Joyce and ChrisMalePhilippines2011-02-23 23:41:00
K-1 Fiance(e) Visa Process & Proceduresi129f approved in less than 1 month???
Wow congrads!!!!! That is amazing. We just sent ours in on the Feb. 14th and just hoping for quick results.

I am curious though, what all did you include when you filed? Did you just include what is listed in the step-by-step guide or did you include any other details? Any additional information might be helpful to other filers.

Congrads again!!

Chris
Joyce and ChrisMalePhilippines2011-02-18 00:26:00
K-1 Fiance(e) Visa Process & ProceduresI-797C and K2 question
Thanks everyone! Just hoping for a smooth ride here.
Joyce and ChrisMalePhilippines2011-02-27 13:01:00
K-1 Fiance(e) Visa Process & ProceduresI-797C and K2 question
We recieved our NOA1 in the mail today. But under the beneficiary information it lists her country of birth as unknown. I have rechecked all the documents and it shows the Philippines on all of them. I was going to call on Monday but wanted to check to see if anyone else has the same listed on theirs.

The NOA1 also did not list her son. We also showed him in the I-129f document. Is this normal for the K2 at this point? I am just trying to make sure the USCIS has all the right info.

Thanks.
Joyce and ChrisMalePhilippines2011-02-27 02:51:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancee and i have a baby
My fiancee and I decided that I should go ahead and make a trip to Philippines to report a CRBA for my son. However I'm concerned about the K-1 petition I have with USCIS. Should I call them( USCIS here) let them know about the situation or just wait until my NOA2 comes? I also want to thank you all who gave me advise and replied to this matter. I appreciate your time and effort. good luck to everyone on their visa journey.
Chris&LaineyMalePhilippines2011-04-18 00:56:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancee and i have a baby

I am a bit confused. If your son is 2 years old why did you not apply for him originally?


My fiancee and I decided to just go ahead and file for I-129F since I can include him on the petition under Part B (list all children of your alien fiancee)
and we weren't sure how to acknowledge him as a son of USC. is he automatically a U.S Citizen since I'm a as his father a USC?
Chris&LaineyMalePhilippines2011-04-17 18:22:00
K-1 Fiance(e) Visa Process & ProceduresMy fiancee and i have a baby

Hi Guys!

I just recently join this website and i found it really interesting. I met my fiancee in the Philippines about more than 2yrs ago. Before our firsts anniversary we had a new baby and his a boy, his going to be 2 yrs old on October.
I filed a I-129F petition on Oct. 29 last year and receive our NOA1 on Nov 1st. 2010 and still waiting for our NOA2. My question now is that since we have a son now how will this affect my petition and since its going to be a K-1/K-2 Visa category why is it that its taking so long for USCIS to approve my case? it has been over 5 months now and i'm kinda worried. Please anyone who is familiar with this kind of situation feel free to respond or give any advise. I'm a novice here. thank you....
Chris&LaineyMalePhilippines2011-04-17 18:08:00
K-1 Fiance(e) Visa Process & ProceduresSo Confuse Please Help!!!!
:help: :help: :help:

Hi to everyone!!!!

I post a topic here, before regarding a CRBA for my son, but after all the research and reading the requirements and all the information in the Manila embassy website's I found to be confusing, here's why: my fiancee and I now have a 1+ year old baby son. when he was born (at the time) I wasn't a US citizen yet, but have filed for citizenship petition and have live here in the U.S for more than 5 years straight. After 6 months later I got my Citizenship. Since that one of the requirement of CRBA is that one of the US parent must be U.S citizen at the time of birth and have live a 5 years residence after the age of 14. Now I met the requirements of 5 yr domicile in the US would this be enough to go ahead and file for CRBA or I need to have it both requirements? I'm so confused since my fiancee interview is near. Also, when my fiancee (K-1)go to her interview with our son as a K-2 category should I need to be there incase the officer want's to verify I am the father of my son? Pls help anyone who have been undergo to this situation, your ideas and experience is greatly appreciated!!!!! :help: :help: :help:

Thanks in Advance.

Edited by Chris and Lani, 03 May 2011 - 07:13 AM.

Chris&LaineyMalePhilippines2011-05-03 07:09:00
K-1 Fiance(e) Visa Process & ProceduresTRACKING RECENT K-1'S to MANILA
HI
thanks for your immediate response... I just saw the shipments details and it's on the way to Manila. may i know how did you obtain the trucking number? its nice to know that our papers are on the way to the embassy.
:wow: :wow:
Chris&LaineyMalePhilippines2011-05-06 11:59:00
K-1 Fiance(e) Visa Process & ProceduresTRACKING RECENT K-1'S to MANILA

I got my NOA2 on April 26, and phoned the NVC today at 603 334 0700 to get a status update. I was told that my petition was forwarded on May 4 to Embassy Manila. I went to the DHL USA site and entered EXP 05 MAY 2011A in the tracking reference box and clicked "track." Several packages went out to various countries from NVC, and the one to Manila has the tracking number 8798000352. If your Embassy Manila petition is on its way, you can track it at: http://track.dhl-usa...=TrackBynumber. By the way, the package weighs 42 pounds so there are lots of petitions crammed in the box. Hopefully, one of them is yours. As of 12:30pm Friday May 6, the package has left the DHL hub in Ohio, and is on its way to Manila. Good luck!!!



Hi!
I got my NOA2 to the same date as you, and I just called NVC and I was told that my petitions was forwarded on May 4th to embassy Manila. I got my case number already. what number did you used to track the shipment?
thanks
Chris&LaineyMalePhilippines2011-05-06 11:42:00
K-1 Fiance(e) Visa Process & ProceduresMedical History of TB
Hi VJ members!!!

My fiancee and our son (K-1/K-2) medical will be on next week the 18th and have concerns about my fiancee history of TB.
She had been treated of TB year 2007 and ever since that time she never had any signs or ever came back. we're worried how would this play out on her medical examination.
Anyone who have been through with this kind of situation please I welcome your advise and any ideas. :help: :help: :unsure:

Thanks in Advance.
Chris&LaineyMalePhilippines2011-05-13 04:54:00
K-1 Fiance(e) Visa Process & ProceduresK-1 vs. CR-1

Thank you all for the valuable information I've got after only a day of my post! Rob and I appreciate all your advices.

We've decided on K-1 so far.



Anna and Rob, good luck on your journey. :D I'm sure you have seen many people say it here and I'll repeat it for emphasis, front load your I-129F. Better to have many things and not need them than to not have enough and get asked for something you don't have.

My fiancée and I started with the K1. However, as the packet was coming together and the time to send it off came close; I did more reading and asked more questions (and received great answers), I concluded that the K1 process was not the best way to proceed and have since switched to the CR-1.

IMO, I don't think K1 is easier than CR-1 or vice-versa in the general sense. It really comes down to what works better for each couple.
Ryan HMaleChina2010-09-10 11:18:00
K-1 Fiance(e) Visa Process & ProceduresProof of Relationship Question

The letters were in English but I would always say "I love you" in Filipino. Do I have to black that out too?


No
Ryan HMaleChina2010-09-10 10:33:00
K-1 Fiance(e) Visa Process & ProceduresProof of Relationship Question

I would like to include the snail mails and chats as proofs of our relationship. My concern is there are some parts of the chats/mails that sounds too personal (i.e. kinky). Please do not think I am a freak or something LOL.


For the record, I don't think you are a freak. :lol:

I know how you feel because there are somethings that are said in chats/emails/letters/etc. that are between the couple only and do not need to be read by a third party.

But what if there are some parts of the mail/chats we don't want them to read, what should I do about it? Thanks a lot.


I kind of have the same question when it comes to the chats. As far as emails/letters go, I would simply not use those.
Ryan HMaleChina2010-09-09 21:29:00
K-1 Fiance(e) Visa Process & ProceduresPANIC
Nibake,

Absolutely terrible what you have had to endure. I would do as HeatDeath and inpitb have suggested and call them to reschedule your flight. You may have to pay a change fee. As what was previously posted, second-tier managers and supervisors should be able to work with you. Spirit has gotten enough negative press lately and probably does not have an appetite for any more. Although they may not care about the bad press or any other negative reviews on sites like tripadvisor.com.

Best wishes for a good conclusion to all of this.
Ryan HMaleChina2010-08-20 22:01:00
K-1 Fiance(e) Visa Process & ProceduresLetter of Intent

The letter of intent isn't really necessary.. It's a nice addition, but not a required document.


This is copied verbatim from the Form I-129F instructions from USCIS:

-> B. Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent <-


The way I read that, the intent letter is not only necessary, it's required.


As for which address to write, if you know the service center that will be receiving your material from TX (either CA or VT), then it would not be a problem to write the address of that center. I have noticed that since the introduction of the TX lockbox facility, it is not exactly clear which states go to which service center. It appears to me the only way to find out is to contact the two service centers and ask which states do they review material from once they receive it from TX. Or contact the TX facility and ask which service center they forward it to based on the state.
Ryan HMaleChina2010-09-12 17:33:00
K-1 Fiance(e) Visa Process & ProceduresJust Mailed the I-129F Package Today

I just sent in our I-129F package today. I am excited and a little nervous to finally get this process started. I have been doing a lot of research on this site and with the USCIS for several months. Now that we feel more informed and as comfortable with the process as possible, we signed up for VJ to track our progress.

I mailed in our package using USPS Priority Mail with Delivery Confirmation to the Dallas Lockbox. Since I am in Florida it should get forwarded to the Vermont Service Center.

Because Japan is a low fraud country, I hope it goes quickly and smoothly. However, I am not counting on it.



Good luck and best wishes on your journey! :thumbs:
Ryan HMaleChina2010-09-14 12:01:00
K-1 Fiance(e) Visa Process & Proceduressome help on entering the USA
You should not have any problem. If the CBP officer were to question you about staying in Miami for a couple of days, just show the officer the confirmed itinerary to Atlanta to the officer.
Ryan HMaleChina2010-09-16 01:18:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS K1 Service Center

Hi,

My fiance is from Washington State zip code is 98208. What USCIS service center do we fall under?
I am sorry to disturb all of you but I can't seem to find it at the uscis.gov website and at travel.state.gov
can you please help me? I need to know the service center for the USCIS service center address on my letter of intent. Thank you very much!


Also being a resident of Washington State, I am 99% sure the application would be forwarded from Texas to the California Service Center, not Vermont.

IMO, since all applications initially go to Texas, I don't think it would be a problem to use the Texas lockbox address when writing the letter of intent.

Good luck on your journey.
Ryan HMaleChina2010-09-16 17:43:00
K-1 Fiance(e) Visa Process & ProceduresStarting the K-1 process?

You have to wait for the marriage certificate to come in and apply for a an adjustment of status, is that right? Which form is that?


I-485

And from there 90 days before the 2 year anniversary you do ANOTHER adjustment? Is that correct?


That's officially called Removal of Conditions. Prior posters have explained what that is.

I thought I saw something that says you're not allowed to go to UK and get married on a tourist visa now, so would that mean we couldn't get married in England and then work to bring him here as my spouse?


You can get married in England, however, you will have to apply for a marriage visa in advance of your travel to England for the purpose of getting married.
Ryan HMaleChina2010-09-18 13:55:00
K-1 Fiance(e) Visa Process & ProceduresHow do you undo the K-1?

Yep, they filed the AOS. Their interview and biometrics in Memphis is coming up this month.


If the person leaves the country before the AOS status is complete and were not granted advanced parole (AP), then the petition will be considered abandoned and the process will end.

As for the person who departed, they would not be able to re-enter on the same K1. If they are from a country that does not participate in the US Visa Waiver Program, then they would have to obtain a visitors visa. Whether or not they would be flagged in the system after having abandoned a previous AOS petition, I couldn't say. If they are from a VWP participating country, they would have to apply for and obtain ESTA prior to traveling on the VWP. Again, I cannot answer if they would be flagged in the system for having abandoned a previous AOS petition.
Ryan HMaleChina2010-09-19 21:21:00
K-1 Fiance(e) Visa Process & Procedureshelp on our journey

but im from the Philippines and my fiancee is in LA.. we're both Filipinos..

are we highfraud?

we havent filed yet but everything goes to texas now, right? or wrong? heheh

thanku all..


Front-load the petition.

You are correct, the I-129F packet is first sent to Texas by your fiancee. Since she is the one who would be file the petition and she lives in LA, I can say with almost absolute certainty that it will be forwarded to the California Service Center.
Ryan HMaleChina2010-09-21 00:44:00
K-1 Fiance(e) Visa Process & Procedureshelp on our journey
No problem having met on Facebook. Amyduck and marriedtomrg have said it best, you're not the first to meet online and you will not be the last. My fiancee and I met on MySpace 3 years ago. :D

What country is your fiance from? Front-loading is a necessity for high fraud countries, no so much for low fraud. :time:

Good luck on your jouney!
Ryan HMaleChina2010-09-20 11:30:00
K-1 Fiance(e) Visa Process & ProceduresQ's Regarding I-129F Packet

On the I-129F where it asks what embassy my fiance will be applying at.... She lives in Chisinau, Moldova... but I understand that they need to go to Bucharest, Romania.... Which one do I fill in here?


Fill in Bucharest, Romania since that is where she will ultimately interview for the visa.
Ryan HMaleChina2010-09-21 02:37:00
K-1 Fiance(e) Visa Process & ProceduresQ's Regarding I-129F Packet

After seeing this video, I am about to put my text messages back in the packet. I reduced it to 3-4 pages per month dating from the end of to the beginning of each. What should I do?!


Pick out the best ones from each month; 3 max. per month.

And he used a binder! WTH! I am using two-hole punched documents in a fastening folder. Mmmh. I was at ease, and now I am a little stressed out again.


A binder would be tossed out and everything reorganized by the preference of the adjudicator or consular official. A common refrain I have seen posted is two-hole punched documents.

This is what I will be providing...

I-129F.
2x G325A.
Passport style photos for each of us. (2x per)
Letter of Intent to Marry. (Original and translated)


Good. Don't forget a Letter of Intent to Marry for yourself as well.

2x Birth Certificate. (Hers is a copy of original and translated)


Not needed until a P3 from the embassy is sent. Skip it at this stage. It will only have to be resubmitted with a P3.

I have 60+ pictures to choose from to add of us together. (Some contain just her and I, and some with friends)
Pictures of Skype Video conversations. (Showing date and duration of calls)
Security Checkpoint Clearance pass from Continental Airlines. (Proving that I took her to the airport)
Movie stubs accompanied by photos of us in the movie theatres. (Two occasions)


Consider including the photos of the two of you in the movie theatre as part of the 60+ photos you have to chose from for submission of the packet. The skype converstaions and clearance pass are good as they are evidence of an ongoing relationship and that you have met in person.

Phone bills detailing calls and text/picture messages for a duration of two months.


That's fine.

Copy of all pages of her passport.


Only include the pages with entry stamps. All pages are uncessary and unneeded.

Copies of Identification Cards of both of her parents. (I know, we just wanted to be extra thorough)


Unnecessary and unneeded. Skip it.
Ryan HMaleChina2010-09-19 19:16:00
K-1 Fiance(e) Visa Process & ProceduresQ's Regarding I-129F Packet

So the question again would be what she would fill out for relationship to sponsor?


This is how I'm rading the dircetions for the form, and perhaps someone who has had a co-sponsor actually fill out the form I-134 should chime in.

Your mom will complete section 3 of the form with your fiancee's information. Since her (fiancee) relatship to sponsor (your mom) would be Son's Fiancee, that's what would be written down in that box.
Ryan HMaleChina2010-09-19 14:17:00
K-1 Fiance(e) Visa Process & ProceduresQ's Regarding I-129F Packet

You (the petitione)r are the sponser...your mother is the co-sponser.

she is certaniy not the '"son's fianceé....""


Since his mom is the co-sponsor, she is required to complete the I-134. In section 3 "This affidavit is executed on behalf of the following person." That person would be her son's fiancee, not her son. She is co-sponsoring her son's fiancee, not her son. :bonk:

Here is a link to the form:
http://www.uscis.gov.../form/i-134.pdf
Ryan HMaleChina2010-09-19 14:11:00
K-1 Fiance(e) Visa Process & ProceduresQ's Regarding I-129F Packet

Wow. You guys are awesome. Thank you so much for helping me. I will definitely take out some of those pages. Maybe just two pages dating from the beginning to the end of the month. Another question has arose since we started this discussion...


1. How do I get co-sponsored? I understand that it is the I-134 Form, I am just confused as to how many I am sending. One for myself, and one for my mother? (She will be my co-sponsor).


I think you and your monther will both fill one out.

2. Where it says "Relationship to sponsor", what would my mother put?... "Daughter in-law to be"?


IMO, "Son's Fiancee" sounds more professional.
Ryan HMaleChina2010-09-19 13:22:00
K-1 Fiance(e) Visa Process & ProceduresQ's Regarding I-129F Packet

For Form G-325A, it took me a long time to find what I like to do in life, is my bad employment history going to affect my application negatively?


As long as you meet curent income requirements (125% over poverty level, yourself or with a co-sponsor); then the employment history will not be relevant.

I concur that 76 pages of evidence is unnecessary. A sampling of a dozen or so pages over a period of time i.e. several months, would be fine for proof of an ongoing relationship, which is not even required until the embassy interview. However, many will suggest it be included now in a technique called "Front-loading."

Some embassies have been known to refuse evidence presented on the day of the interview e.g. phone records, photographs, etc. and then claim that there was insufficient proof of an ongoing relationship. By front-loading, it ensures the evidence is accepted, since it is included in the petition that has already been approved by USCIS. Most embassies do not reject/ignore evidence presented during the interview, so front-loading is more of an embassy specific practice. We front-loaded some evidence, but gathered and brought plenty more to the interview.

Even in support of the argument of front-loading, 76 pages of texting from a single month seems excessive. 1 or 2 pages per month over a period of several months or years is more compelling than scores of pages produced in a single month.


This is the peril of submitting only what is asked for, to have the embassy or consulate refuse it on interview day. I also agree that 76 pages of text messages for one month is excessive. I would suggest you print 1 or 2 and include the phone records for all the rest.

Good luck to you!
Ryan HMaleChina2010-09-19 12:48:00
K-1 Fiance(e) Visa Process & ProceduresLegal name vs social name

So, my legal name is Natalie, but everyone, even my parents, call me Tasha. I filled out all the I-129F with Natalie because it's my legal name, but put Tasha as another name I go by on my G-325a. The problem is that all the emails and cards/letters my fiance and I have between us use Tasha, not Natalie (my email addresses also contain Tasha not Natalie). Is this going to be a problem when we provide more evidence of relationship stuff at the embassy, or am I okay since I put Tasha on the G-325a?

Not Natalie :)


Just explain that you go by Tasha in a cover letter that will accompany all of your evidence and you should be fine.
Ryan HMaleChina2010-09-22 01:20:00
K-1 Fiance(e) Visa Process & Procedureswhat's next?..(after arriving in the us)
http://www.visajourn...content/k1k3aos :guides:
Ryan HMaleChina2010-09-23 01:34:00
K-1 Fiance(e) Visa Process & ProceduresJust Engaged-!!!

Another question..does anyone know if we can file the I130 in the Bahamas at the consulate here?

Thanks again..


I don't know if DCF is available in the Bahamas; however, to be eligible for DCF, your husband would have to be living there for a minimum of 6 consecutive months.

You can mail the I-130 to the Chicago lockbox facility from the Bahamas.
Ryan HMaleChina2010-09-25 20:04:00
K-1 Fiance(e) Visa Process & ProceduresJust Engaged-!!!
Yes.

However, make sure you have plenty of ties to the Bahamas that will compel you to return when you arrive at the POE in the US in case a CBP officer starts questioning whether or not you will return when your authorization to be in the US on a B1/B2 ends. Assume a CBP will have access to information that will make him or her aware you are navigating the CR-1 process.

Congratulations on your engagement and best wishes to you both! :thumbs:
Ryan HMaleChina2010-09-25 12:59:00
K-1 Fiance(e) Visa Process & ProceduresBeginning the Visa Journey!
Welcome to VJ! Congratulations on your engagement and good luck on your journey!

Question 20 on the I-129F asks, "Your fiancé(e) will apply for a visa abroad at the American embassy or consulate at:" If you want to apply at the Embassy in Budapest, then you would write Budapest for City and Hungary for Country. Since she is a Hungarian citizen, I don't see why the process could not go through there. I don't know if she is eligible to apply to the Consulate in Napoli, although I would imagine so since she would have documentation that she is working and residing in Italia.

I would suggest that she put her Italian address to receive correspondence. You can always submit proof of ownership of the house in Hungary should it be asked for (I can't imagine that being the case as she would have a Hungarian passport).

Edited by Ryan H, 27 September 2010 - 01:53 PM.

Ryan HMaleChina2010-09-27 13:51:00
K-1 Fiance(e) Visa Process & ProceduresNew and terrified
Greetings and welcome to the VJ community!

For the financial aspect, you can get a co-sponsor if you know someone who is willing and able to do so.

After you submit the I-129F, continue to gather evidence of an ongoing relationship so it will be available when it comes time for your fiance to interview at the embassy.

I won't sugarcoat anything, the wait time that you will experience and the uncertainty that comes with will not be pleasant. However, have confidence that you are doing everything right.

Sending you positive vibes, good thoughts, and best wishes! B-)
Ryan HMaleChina2010-09-29 20:26:00
K-1 Fiance(e) Visa Process & ProceduresNew here, getting ready to begin the process.. ..(?)

Question 1: What is faster, k-1 fiance visa or get married first in Colombia and then apply for a spousal Visa? I have the paperwork for a k-1 fiance but I want to be sure I am choosing the right path. If I go to Colombia and we get married, could I still do a k-1 visa (if that's the quickest way)and have the intention on having a second "official" wedding in the U.S.?


There is not much difference between the two in regards to processing time from application to interview. CR-1 applications have the extra processing step at the NVC between the time they are processed at the appropriate USCIS service center and the time it is sent to the embassy in Bogotá. The only way you could get married and still apply for a K1 is to not officially register the marriage with the local authorities. People have used the term "engagement party" when going this route. You would not use the term wedding or refer to each other as husband and wife if this was your plan, as a VO would think you are married and say, you have to apply for the CR-1. There are many differences in cultures as to what constitutes marriage. IMO, if you decide to get married in Columbia, just make it official and go the CR-1 route.

Each case is different and different routes work better for different people. The two of you will find the route that is best for you.

Good luck on your journey and best wishes to you both!
Ryan HMaleChina2010-09-27 09:37:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance Visa

Is there any chance I could just go to Ukraine and marry her there? or is that not even a possibility?


You can do that if you wish. However, you would not be able to file an I-130 until after you are married. Plus, when it would come time for her to interview, the overstay will still be an issue and a denial would likely be the result.
Ryan HMaleChina2010-09-24 19:42:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance Visa

Ukraine does not allow dual citizenship!!?? So if she gets approved the baby is just screwed and has to stay there even though it is my child??


If she were to be approved, the baby would be allowed to follow; there are certain hoops to jump through. The fact of the matter is the baby is going to be born before any visa would be approved.

We have proof of relationship through lease statements, bills, phone records ect..


This is the key, did you keep in touch from the time she went back to Ukraine to the time you found out she was expecting? If the answer to that question is no, then my opinion is that a VO will have trouble believing your relationship is bona fide at that time.

What else can I do? Is it pretty much a given she will be denied or is there any hope what so ever?


As others have said, there will likely be a denial because of the overstay. With a child involved, you may be granted pursue a hardship waiver.

if the baby is mine and im a US citizen why do I even need to have anything granted? Its my child and she is my fiance!!!


Your fiancee overstayed a prior visa and was out of status for a year; there are penalties for that.
Ryan HMaleChina2010-09-23 19:52:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance Visa

To make a long story short she went home for a reason I dont want to really put out there and then found out she was 3 months pregnant with my kid


:devil: Devil's advocate response, trying look at it through the perspective of a VO:

While the VJ community will respect your privacy, expect that a VO will not. It may come up in the first interview before a denial is issued because of the overstay. I figure a second interview at the embassy is required after you apply for the hardship waiver and I also figure it will still be necessary to prove a bona fide relationship. Assuming a visa is ultimately granted (no guarantees) you will still have the AOS process.

I'll reiterate, the "reason" does not need to be known here. However, VO's and USCIS adjudicators decide for themselves what they need to know during an interview when they see something like this in front of them. So what I'm saying is be prepared to discuss it at the embassy, USCIS office during AOS, or in both instances.
Ryan HMaleChina2010-09-23 14:57:00