Long Story Short

[knocked up 1]

Hi~

36 y.o. female USC here.

I went to Brazil in June 2011, came home pregnant. Have one photo together with the father, 27 y.o. musician.

I went to Germany in August 2011 to discuss (he was on tour). No photos together this trip.

He is willing to move here and help raise his daughter.

He was denied b1/b2 visa Dec. 1 (had invitations from the University to 'teach' w/o pay).

Consulate said his income is insufficient, and he should have applied for the J1 visa. The invitation was from a lecturer, not a Dept of State-approved exchange program/sponsor, so I don't see how that would work.

We are now considering the K1 visa. I'm due March 9, 2012 - obviously he won't be here in time for that, much to his chagrin.

Questions:

Will the recently denied B visa application hurt his chances for the K1? Do we need to wait some time?

Is my pregnancy relevant (positive or negative)? (I doubt it will expedite, but must i disclose?)

What can we do to make the process as quick as possible? e.g. can he get a medical exam while i'm submitting my petition?

How dry should my/our letters (intent to marry, How We Met) be? I lean towards keeping them brief, but they may be TOO brief.

Any advice is appreciated, but please do not tell me what we 'should'(not) have done or your thoughts on pre-marital sex, etc.

Thanks for your help.

[Corinthians 7]

The whole process is pretty scripted by the government. If he got a medical he couldn't do anything with it because you guys haven't even really started the process yet. Clicking on guides might help you...there is almost nothing you can do to speed it up. It takes the time it takes.

What exactly do you mean by dry? Why wouldn't you disclose the pregnancy? You have to convince the government you have a real relationship so...

[Corinthians 7]

The whole process is pretty scripted by the government. If he got a medical he couldn't do anything with it because you guys haven't even really started the process yet. Clicking on guides might help you...there is almost nothing you can do to speed it up. It takes the time it takes.

About all you can do is make sure you have vaccination records and that kind of stuff done I guess.

What exactly do you mean by dry? Why wouldn't you disclose the pregnancy? You have to convince the government you have a real relationship so...

[Kathryn41 3,205]

First, congratulations on the pregnancy - it sounds like you are both happy to become parents .

You wrote:

Will the recently denied B visa application hurt his chances for the K1? Do we need to wait some time?

No. He was denied the visitor's visa for reasons that are totally irrelevant to the K-1 visa process. He should always disclose that the visa request was denied if he is asked and on any of the forms or applications where the information is requested (and it is). Having been denied for a B visa won't hurt his application for a K visa one bit - but lying about it will. He has to be honest. People get denied for visas all the time and are successful in applying for a K-1 visa later.

Is my pregnancy relevant (positive or negative)? (I doubt it will expedite, but must i disclose?)

Technically, it is neither for USCIS, however, it is very good evidence that you do satisfy the criteria of having met in person at least once during the previous 2 years prior to the application date . You can address it head on in a cover letter when you file the I-129f petition to start the K-1 process. That way you can control how you present that information and ensure it is a positive piece of information to your situation. The most favourable way is to write that you met while on holidays (or whatever the reason) last June, fell in love, ended up getting pregnant, and now that you are going to become parents have decided that the two of you want to get married and raise your child together as a family. You then add that you have attached an I-129f petition as you and your fiance would like to have him obtain a K-1 visa so he can come to the US and you can marry. (He will need to apply for further permission after your marriage for him to stay here permanently, just so you are aware of that).

What can we do to make the process as quick as possible? e.g. can he get a medical exam while i'm submitting my petition?

The best way you can make this process go as fast as possible is to educate yourself on what is involved now and down the road through the immigration process. Read everything you can find on the process; read the actual petitions and documents/forms required as well as their instructions. Ask questions here. Make sure you know what is ahead so you are prepared to do what needs to be done at exactly the right time. The more you know, the better off you will be to ensure you don't make any mistakes that will slow down the process or cause you delays. Your knowledge and awareness will serve you far better than going to a lawyer or a consultant to assist. While you may choose to do that, knowing for yourselves what is involved will help you make sure they don't add any unnecessary delays either. Be aware now if there are any 'red flags' ahead such as a criminal or a health problem so you can take any necessary steps to address them later.

This process takes its time and there is very little anyone can do to influence the process through USCIS and the Consulates. What you can do is to be prepared. The first stage is your requesting permission for your fiancee to apply for a visa - that is the I-129f petition. Make sure both of you read over the forms and have copies of all forms you fill out. After your petition is approved, it is his turn to do paperwork. He can make sure that he has all of the necessary documents like a birth certificate that lists both of his parents, a passport valid for more than 6 months, has had all of his vaccinations and has the paperwork to prove it, and after he hears from the Consulate, he can arrange for his security/police record checks and his immigration medical. You can make sure you have filed your taxes in a timely way so you can provide tax transcripts for the Affidavit of Support he needs to bring to the interview. Both of you need to be aware of opportunities to demonstrate your relationship - so when you travel and meet up with each other, keep copies of boarding passes and hotel room receipts, passport stamps from both of your passports showing you were in the same place at the same time, and photographs of you together. Both of you can learn about each other's background and family so that there are no surprises at the interview. So, basically, research, read, be prepared and work on your relationship will help this process go as fast as it can.

How dry should my/our letters (intent to marry, How We Met) be? I lean towards keeping them brief, but they may be TOO brief.

They don't need to be dry or overly emotional - just honest. My husband basically wrote that we were in love and he wanted to spend the rest of his life with me. He was free to marry and fully intended to marry me as soon as I was able to get my visa and come to the US. We were requested to submit a second letter of intent prior to the interview to show if we were 'still' intending on getting married, so he basically wrote the same letter and said 'Yes, I am STILL in love with Kathryn, I STILL am free to marry her and I STILL FULLY INTEND to marry her when she is allowed to have her visa and move to the US." It was actually quite cute . So, be honest and remember that this is a statement to the government that you both are both able and willing to marry each other and look forward to that day.

Good luck .

Edited December 4, 2011 by Kathryn41

[knocked up 1]

Thank you Kathryn for the time and insight of your reply. I am working on "happy," so far it has been a lot of stress. But i am glad it was him i got pregnant with, so far he has really proven to be a wonderful person, and i think we will be good parents together.

Perhaps my fear of disclosure is based on the idea that marriage b/c of pregnancy could be seen as not "real" i.e. not based on a long-term, loving understanding of each other. And we just met in June... But you make a great point about being able to control the presentation of the info; it is far easier to be completely upfront and honest than to try to figure out what the consulate wants to hear.

I am doing a TON of research these days, about visas and diapers and labor just to name a few!

Corinthians, by "dry" i meant that my letters are extremely brief - think Joe Friday: "Just the facts, ma'am!" Not a lot of emotion or details in them.

[knocked up 1]

Wait, i should mention the pregnancy in the cover letter? Or the How We Met (proof of relationship)?

Also, should he say anything about being aware of the pregnancy? I read somewhere that he has to say it's cool with him... Can't remember exactly.

Seems like most of the pregnant fiancee stories are men wanting to bring pregnant women here, which is not my case and seems more difficult. And yes, i think i do make enough money to support 3 people, even with last year's tax return - i start a new job in a couple of weeks but that won't show on my taxes for 2011 :/