Need Advice Please

[DA BOMB 1]

Sorry people I need to fill out my profile but I'm a little hormonal and need some questions answered. My man is in Scotland and Im over here in california. He came to visit last october and left timely mid january. Well I just learned a couple weeks ago that im pregnant. I thought maybe it would be a good idea for him to visit in June with a B-2 tourist visa so he can be here during pregnancy and after the baby is born in September. My question is this: Can we file a K1 visa petition when he gets here? I was hoping we could be together during the wait for the baby while its processing. Yes I know he needs to return for the medical and the packet 3 etc etc...no problem. I have filed a K1 petition in the past with another (December 2005 with an interview date of June 2006) but we fell out and the interview was canceled. Which is another concern..how long do I have to wait to file another one? Can we file a K1 while he's here on a B2? Does the embassy take into consideration the police report and or medical needed to aquire the B2 when it comes time to process a K1? Is there any exceptions when a child is involved? (my guess is probably not) I've used this forum in the past to present a flawless petition so I appreciate any input you can give. Thanks in advance...xx

[TracyTN 237]

Why would someone from Scotland need a B2 visa? Or are you wanting him to stay longer than 90 days?

[YuAndDan 153]

Yes you can file while he is visiting.

As for the wait time, you may or may not have to file an IMBRA waiver, the rule is 2 years between petitions, but I don't know if that is if the previous petition resulted in a visa being issued or not.

[DA BOMB 1]

Nope - no visa was issued. Is it 2 years based on the filing date? Interview date? Or if a visa was issued? You're helpful and this lifts my spirits - thank you.

Yes..Im wanting him to visit in June...baby born in September...and three months to serve me breakfast in bed

Edited January 18, 2007 by MRS BILLY BONG

[TracyTN 237]

If the baby isn't born until September, I'm not sure why you want him here in June. But at any rate, it sounds like you'd be outside the 90 days for VWP, so he would have to apply for a tourist visa.

I'm not sure what kind of luck he'll have with that, though, esp. if they know that the purpose for the visit is to see his pregnant fiance - that will suggest to them that he would have strong immigrant intent and they may deny him. I'm not sure what they would think if you had a pending K1 in the system, either.

I guess all you can do is try!

[DA BOMB 1]

"If the baby isn't born until September, I'm not sure why you want him here in June." I'd like him to be here right NOW! This is my third child and second K1 so Im not a newbie but it sure helps to have help and I miss him terribly. Having him here in June gives me 3 months prior and three months after the due date which in my opinion is healthy for everyone invlved. I do realize that if he comes through the POE and says "Im here to be with my pregnant fiance on this tourist visa" it would send up red flags - this is the reason for filing for the K1 after he's here.

[1HappyGuy 45]

The way the USCIS is interpreting IMBRA, it's the 2nd application, regardless of when the first was filed that requires a request for waiver. They are not following the letter of the law in my opinion, but that's what they are doing.

My question to you is why are you waiting? Get the K-1 application filed. You will likely get a RFE for waiver so beat them to the punch and request a waiver up front. Make sure you are specific about the previous K-1, as to when, why and how with names and times, etc. You can find examples of waivers under the IMBRA forum.

You don't need to mention about being pregnant as it won't help your case. But if you file now, he can be here by June and you can marry before the baby is born. Seems like a better scenario to me.

Good luck and read about the IMBRA as much as possible.

[DA BOMB 1]

Yes - that would be the most logical solution - to file now...but its almost February, I dont have my petition together and I dont want to rush. Back in 2005 when the processing time from filing to interview was averaged at 4 months...it took me 6 and that was with NO RFEs...the timeline now looks to be 6 months...I would rather have him here then file.

[DA BOMB 1]

Any other input on this topic before it slips away into the 5th dimension?

[Yodrak 7]

MRS BILLY BONG,

You're proposing a long visit for a family purpose, with a return home only to wrap up the K1 visa when the time for that comes. Sounds suspiciously like immigrating now and taking care of the necessary business later - an excellent way to get the B2 visa, or entry using it, denied.

Your I-129f petition will require a waiver request if it is submitted within 2 years of the submission of the last petition. If 1HappyGuy is right in his sense of what is happening it may require a waiver request even if there is more than 2 years between the petitions.

Yodrak

Sorry people I need to fill out my profile but I'm a little hormonal and need some questions answered. My man is in Scotland and Im over here in california. He came to visit last october and left timely mid january. Well I just learned a couple weeks ago that im pregnant. I thought maybe it would be a good idea for him to visit in June with a B-2 tourist visa so he can be here during pregnancy and after the baby is born in September. My question is this: Can we file a K1 visa petition when he gets here? I was hoping we could be together during the wait for the baby while its processing. Yes I know he needs to return for the medical and the packet 3 etc etc...no problem. I have filed a K1 petition in the past with another (December 2005 with an interview date of June 2006) but we fell out and the interview was canceled. Which is another concern..how long do I have to wait to file another one? Can we file a K1 while he's here on a B2? Does the embassy take into consideration the police report and or medical needed to aquire the B2 when it comes time to process a K1? Is there any exceptions when a child is involved? (my guess is probably not) I've used this forum in the past to present a flawless petition so I appreciate any input you can give. Thanks in advance...xx

[DA BOMB 1]

How can the B2 be denied based on a pending K1 if the K1 isnt filed until he here's on the B2? Sorry..thought you read my initial post. Also - Let me add that this visit is not strictly for a family purpose. He has relatives in California and many friends from Scotland in Florida. So the B2 would be used for its legitimate purpose.

MRS BILLY BONG,

You're proposing a long visit for a family purpose, with a return home only to wrap up the K1 visa when the time for that comes. Sounds suspiciously like immigrating now and taking care of the necessary business later - an excellent way to get the B2 visa, or entry using it, denied.

Your I-129f petition will require a waiver request if it is submitted within 2 years of the submission of the last petition. If 1HappyGuy is right in his sense of what is happening it may require a waiver request even if there is more than 2 years between the petitions.

Yodrak

Edited January 20, 2007 by MRS BILLY BONG

[payxibka 10,045]

Let's all understand the IMBRA filing requirements for a waiver...

A waiver is required on your third petition regardless of outcome or time unless this is your second petition and it has been less than two years since your previous APPROVED petition. It is petition approval that is the threshold not visa approval.

I sense you will need a waiver request for sure if you file before December 2007 (based on what you indicated).

[DA BOMB 1]

Yep - and based on the approved example letters on this forum it appears to be no big deal. Im not as concerned about the IMBRA filing as I am about him filing a K1 while visiting on a B2. I wouldnt normally go this route but the average timeline from filing to interview date is so far off... he will miss my complete pregnancy and perhaps the birth. I will be visiting him in April so we're only looking at a couple months of being apart.

Let's all understand the IMBRA filing requirements for a waiver...

A waiver is required on your third petition regardless of outcome or time unless this is your second petition and it has been less than two years since your previous APPROVED petition. It is petition approval that is the threshold not visa approval.

I sense you will need a waiver request for sure if you file before December 2007 (based on what you indicated).

Yep - and based on the approved example letters on this forum it appears to be no big deal. Im not as concerned about the IMBRA filing as I am about him filing a K1 while visiting on a B2. I wouldnt normally go this route but the average timeline from filing to interview date is so far off... he will miss my complete pregnancy and perhaps the birth. I will be visiting him in April so we're only looking at a couple months of being apart.

Let's all understand the IMBRA filing requirements for a waiver...

A waiver is required on your third petition regardless of outcome or time unless this is your second petition and it has been less than two years since your previous APPROVED petition. It is petition approval that is the threshold not visa approval.

I sense you will need a waiver request for sure if you file before December 2007 (based on what you indicated).

[Kez/JWolf 6]

The chances of him getting a B2 visa are very small... the embassy in london will say that the 90 day VWP is long enough for most trips to USA...so unless he can show some reason to be here longer than 90 days it would be unlikely to be granted...

Nothing to stop you filing for a K1 while he is here... if he comes over for the birth of the baby and wants to stay for the full 90 days allowed on the VWP then he will need evidence of very strong ties to Scotland or he will be denied entry.... it may be a good idea for him to fly via Dublin as they have a US POE and if he is refused it is only a short flight home....

Good Luck

Kez

[Yodrak 7]

MRS BILLY BONG,

It won't be denied based on a pending K1, it will be denied because the situation, as you describe it in both the original post and in this revision, sounds like he will be staying in the USA.

Does he plan to go spend time with those relatives in California or those friends in Scotland?

Be careful what things you put forth and how you put them forth. It can sound different to a listener than how you want it to.

Yodrak

How can the B2 be denied based on a pending K1 if the K1 isnt filed until he here's on the B2? Sorry..thought you read my initial post. Also - Let me add that this visit is not strictly for a family purpose. He has relatives in California and many friends from Scotland in Florida. So the B2 would be used for its legitimate purpose.

MRS BILLY BONG,

You're proposing a long visit for a family purpose, with a return home only to wrap up the K1 visa when the time for that comes. Sounds suspiciously like immigrating now and taking care of the necessary business later - an excellent way to get the B2 visa, or entry using it, denied.

.....

Yodrak