What should I do???!

[rooster 1]

I'll go for the K1. My babies are due in October, would he be able to be with me by this time??

With some luck, maybe. But don't count on it. As others have said, a travel visa for around the due date would be advised just to make sure he is here for the birth. I know it sucks but, you are at the mercy of the Government. I would not waste any time getting your paperwork together and sent in. If everything is clear and simple, ie.. no criminal record, you have a slim chance of getting things done in time. You should check out forums on here for his specific region. The people in these can give you a more accurate time frame for the K-1 visa from that region. They could also advise you on things specific to that consulate that might keep you from encountering extra delays.

[Penguin_ie 5,995]

It's possible that the K1 will come through by then, but not at all guaranteed, especially as you might go early due to having twins. You could try for an expedite due to health issues (twin pregnancies are generally considered high risk, especially if they are mono) though expedites are only rarely granted. Still, it costs nothing to ask.

[JimVaPhuong 4,863]

I'll go for the K1. My babies are due in October, would he be able to be with me by this time??

Probably not on his K1 visa. 5 months is pretty optimistic. The service centers are averaging over 4 months to approve petitions right now, and the Guatemala consulate is averaging about 2 months to get to the interview once they receive the petition. Add additional time for your petition to travel from the service center through NVC to the consulate. Also, getting the fastest processing means having all of your ducks absolutely in a row, and delivering your documents quickly. If you rush the delivery of documents at any point and make any mistakes, it can cause substantial additional delays. Some of the documents you'll need may take some time to get, and I seriously doubt you have all of the documents already.

Guatemala is not a VWP country, so he'll need a visa to enter the US. This can be considerably more difficult to get once he has a petition or application for a K1 visa. They consider the odds that he'll use his visitor visa to stay in the US much higher since the K1 demonstrates a desire to do so. He'll need to prove strong ties to his home country to get the visa. I think this will be true if he has ANY family visa pending.

Also, you mentioned you'll need his financial support once he gets here. Are you aware of the financial requirements for the petitioner of a family visa? You have to demonstrate that you - the petitioner - have sufficient income to ensure that he won't end up a "public charge", which means receiving any government financial support. For two people - you and your fiance/spouse - this generally means you have to show income of 125% of the poverty level, which is a little over $18K per year. If your child is born at the time he goes to the interview, then the amount goes up to almost $23K, since there will be three people to support. If you can't provide proof you can support him, then you'll need a co-sponsor who can.

You also mentioned "babies". Are you pregnant with twins? Each additional person you have to support increases the minimum amount of income you'll need to prove.

There are also fees involved. It will cost almost $500 at the time you apply for the visa, several hundred more for the medical exams and fees at the consulate, and over $1000 to file for adjustment of status (i.e., to become a permanent resident) once you're married. This doesn't include travel costs. Once you get the ball rolling by filing the initial petition then you're going to need this money available when it's due. For instance, if you don't get married and file for adjustment of status within 90 days of his arrival in the US then his K1 will expire, and he'll have to go back to Guatemala, and you'll need to start over from scratch.

If it's really important for you that he be here for the birth of your child then I recommend you hold off filing any papers, and just let him come here on a visitors visa in October. You can get married while he's here and then he can return to Guatemala while you file the CR1. It will take a little longer, but he'll have his green card and be able to work when he returns to the US. It will also cost less money than the K1 process. This will also give you more time to learn how the process works and get your paperwork in order.

[pushbrk 13,043]

Hi everyone, I'm new to this site and hope I can get the best advice....

I'm a US citizen and I've been dating my boyfriend since 2005. It's been a long distance relationship all along and we've seen each other in person every year. Last time he was here was Feb. 8th and a couple of weeks ago I discovered I'm pregnant. We have decided to get married, and want to decide for the fastest process. Should I start on the K-1? or let him come on a tourist visa and get married here? We want to be together during these important months of our lives asap but I'm worried that if we get married here it's going to be seen as fraud. What steps should we make??? Please help

A very rightful worry, given you are pregnant and have a 5 year relationship how would you convince anyone he came on a tourist visa with no intent to marry?

The K-1 is the fastest way to get him into the USA and get married. It is not the simplest, or fastest in the long run (to finish the process) but if your goal is only the fastest route...K-1

Ugg! Entering the US on a visitors visa with intent to marry is no problem at all. Intent to stay and adjust status based on the marriage is where the problem starts. Now that she has updated her profile to indicate Guatemala, we know the chances are far slimmer of him obtaining a visitor visa anyway. If he has one already, different story.

The OP needs to focus on priorities. What's the highest priority to occur before the birth? If it is "marriage" then the sure way is to fly to Guatemala and get married. If it is to be together permanently, K1 is the way to go.

Time for some homework and sorting the priorities.

[tomsarah11 0]

I am pregnant and due in 5 weeks. I am married to a citizen of the UK. We have been waiting 6 months for our K-3 Visa. If you want to do everything correctly you have to follow the immigration laws to ensure a permanent stay. We even had the congressman try to get it expedited based on pregnancy and they said it was not a reason to hurry the process through above others that are waiting. Sorry...

[Jakub and Dalia 0]

Honestly my Fiance and I were looking for the process of getting married first than apply for K3 but seeing a lot of options we see that the easier way to do it is by K1 visa otherwise the other procees takes a lot longer and they have a lot more requirements. HOpe you get a decition soon good luck!!!

[Jazon N Rozy 0]

I'll go for the K1. My babies are due in October, would he be able to be with me by this time??

Probably not on his K1 visa. 5 months is pretty optimistic. The service centers are averaging over 4 months to approve petitions right now, and the Guatemala consulate is averaging about 2 months to get to the interview once they receive the petition. Add additional time for your petition to travel from the service center through NVC to the consulate. Also, getting the fastest processing means having all of your ducks absolutely in a row, and delivering your documents quickly. If you rush the delivery of documents at any point and make any mistakes, it can cause substantial additional delays. Some of the documents you'll need may take some time to get, and I seriously doubt you have all of the documents already.

Guatemala is not a VWP country, so he'll need a visa to enter the US. This can be considerably more difficult to get once he has a petition or application for a K1 visa. They consider the odds that he'll use his visitor visa to stay in the US much higher since the K1 demonstrates a desire to do so. He'll need to prove strong ties to his home country to get the visa. I think this will be true if he has ANY family visa pending.

Also, you mentioned you'll need his financial support once he gets here. Are you aware of the financial requirements for the petitioner of a family visa? You have to demonstrate that you - the petitioner - have sufficient income to ensure that he won't end up a "public charge", which means receiving any government financial support. For two people - you and your fiance/spouse - this generally means you have to show income of 125% of the poverty level, which is a little over $18K per year. If your child is born at the time he goes to the interview, then the amount goes up to almost $23K, since there will be three people to support. If you can't provide proof you can support him, then you'll need a co-sponsor who can.

You also mentioned "babies". Are you pregnant with twins? Each additional person you have to support increases the minimum amount of income you'll need to prove.

There are also fees involved. It will cost almost $500 at the time you apply for the visa, several hundred more for the medical exams and fees at the consulate, and over $1000 to file for adjustment of status (i.e., to become a permanent resident) once you're married. This doesn't include travel costs. Once you get the ball rolling by filing the initial petition then you're going to need this money available when it's due. For instance, if you don't get married and file for adjustment of status within 90 days of his arrival in the US then his K1 will expire, and he'll have to go back to Guatemala, and you'll need to start over from scratch.

If it's really important for you that he be here for the birth of your child then I recommend you hold off filing any papers, and just let him come here on a visitors visa in October. You can get married while he's here and then he can return to Guatemala while you file the CR1. It will take a little longer, but he'll have his green card and be able to work when he returns to the US. It will also cost less money than the K1 process. This will also give you more time to learn how the process works and get your paperwork in order.

Thank you so much for your detailed explanation! So it takes a total of about 5 months for the K1?? He already has a tourist visa, but ends in October. I know I won't be able to have sufficient income, but I think sometimes having a co-sponsor is not always safe from what I've heard. I think the best choice would be CR1, would I be able to start the process while he's here? About how long would it take for him to get his green card? And there's no requirement for me to proof if I have sufficient income or not?

[Lisa and Ian 7]

I'll go for the K1. My babies are due in October, would he be able to be with me by this time??

Probably not on his K1 visa. 5 months is pretty optimistic. The service centers are averaging over 4 months to approve petitions right now, and the Guatemala consulate is averaging about 2 months to get to the interview once they receive the petition. Add additional time for your petition to travel from the service center through NVC to the consulate. Also, getting the fastest processing means having all of your ducks absolutely in a row, and delivering your documents quickly. If you rush the delivery of documents at any point and make any mistakes, it can cause substantial additional delays. Some of the documents you'll need may take some time to get, and I seriously doubt you have all of the documents already.

Guatemala is not a VWP country, so he'll need a visa to enter the US. This can be considerably more difficult to get once he has a petition or application for a K1 visa. They consider the odds that he'll use his visitor visa to stay in the US much higher since the K1 demonstrates a desire to do so. He'll need to prove strong ties to his home country to get the visa. I think this will be true if he has ANY family visa pending.

Also, you mentioned you'll need his financial support once he gets here. Are you aware of the financial requirements for the petitioner of a family visa? You have to demonstrate that you - the petitioner - have sufficient income to ensure that he won't end up a "public charge", which means receiving any government financial support. For two people - you and your fiance/spouse - this generally means you have to show income of 125% of the poverty level, which is a little over $18K per year. If your child is born at the time he goes to the interview, then the amount goes up to almost $23K, since there will be three people to support. If you can't provide proof you can support him, then you'll need a co-sponsor who can.

You also mentioned "babies". Are you pregnant with twins? Each additional person you have to support increases the minimum amount of income you'll need to prove.

There are also fees involved. It will cost almost $500 at the time you apply for the visa, several hundred more for the medical exams and fees at the consulate, and over $1000 to file for adjustment of status (i.e., to become a permanent resident) once you're married. This doesn't include travel costs. Once you get the ball rolling by filing the initial petition then you're going to need this money available when it's due. For instance, if you don't get married and file for adjustment of status within 90 days of his arrival in the US then his K1 will expire, and he'll have to go back to Guatemala, and you'll need to start over from scratch.

If it's really important for you that he be here for the birth of your child then I recommend you hold off filing any papers, and just let him come here on a visitors visa in October. You can get married while he's here and then he can return to Guatemala while you file the CR1. It will take a little longer, but he'll have his green card and be able to work when he returns to the US. It will also cost less money than the K1 process. This will also give you more time to learn how the process works and get your paperwork in order.

Thank you so much for your detailed explanation! So it takes a total of about 5 months for the K1?? He already has a tourist visa, but ends in October. I know I won't be able to have sufficient income, but I think sometimes having a co-sponsor is not always safe from what I've heard. I think the best choice would be CR1, would I be able to start the process while he's here? About how long would it take for him to get his green card? And there's no requirement for me to proof if I have sufficient income or not?

You could do some reading on the Guides page. This ought to keep you busy for hours, but at least you'll find the answer to most of your questions. http://www.visajourney.com/forums/index.ph...page=i130guide2

Good luck! (twins! How exciting!)

[One God 0]

Hi everyone, I'm new to this site and hope I can get the best advice....

I'm a US citizen and I've been dating my boyfriend since 2005. It's been a long distance relationship all along and we've seen each other in person every year. Last time he was here was Feb. 8th and a couple of weeks ago I discovered I'm pregnant. We have decided to get married, and want to decide for the fastest process. Should I start on the K-1? or let him come on a tourist visa and get married here? We want to be together during these important months of our lives asap but I'm worried that if we get married here it's going to be seen as fraud. What steps should we make??? Please help

Hi,

I think he should come here then marry him. I started K-1 and has been denied once almost waisted two years and still waiting for our second K-1. I wish I done it differently.

Wish you luck.

[Anh map 2,098]

I'll go for the K1. My babies are due in October, would he be able to be with me by this time??

Probably not on his K1 visa. 5 months is pretty optimistic. The service centers are averaging over 4 months to approve petitions right now, and the Guatemala consulate is averaging about 2 months to get to the interview once they receive the petition. Add additional time for your petition to travel from the service center through NVC to the consulate. Also, getting the fastest processing means having all of your ducks absolutely in a row, and delivering your documents quickly. If you rush the delivery of documents at any point and make any mistakes, it can cause substantial additional delays. Some of the documents you'll need may take some time to get, and I seriously doubt you have all of the documents already.

Guatemala is not a VWP country, so he'll need a visa to enter the US. This can be considerably more difficult to get once he has a petition or application for a K1 visa. They consider the odds that he'll use his visitor visa to stay in the US much higher since the K1 demonstrates a desire to do so. He'll need to prove strong ties to his home country to get the visa. I think this will be true if he has ANY family visa pending.

Also, you mentioned you'll need his financial support once he gets here. Are you aware of the financial requirements for the petitioner of a family visa? You have to demonstrate that you - the petitioner - have sufficient income to ensure that he won't end up a "public charge", which means receiving any government financial support. For two people - you and your fiance/spouse - this generally means you have to show income of 125% of the poverty level, which is a little over $18K per year. If your child is born at the time he goes to the interview, then the amount goes up to almost $23K, since there will be three people to support. If you can't provide proof you can support him, then you'll need a co-sponsor who can.

You also mentioned "babies". Are you pregnant with twins? Each additional person you have to support increases the minimum amount of income you'll need to prove.

There are also fees involved. It will cost almost $500 at the time you apply for the visa, several hundred more for the medical exams and fees at the consulate, and over $1000 to file for adjustment of status (i.e., to become a permanent resident) once you're married. This doesn't include travel costs. Once you get the ball rolling by filing the initial petition then you're going to need this money available when it's due. For instance, if you don't get married and file for adjustment of status within 90 days of his arrival in the US then his K1 will expire, and he'll have to go back to Guatemala, and you'll need to start over from scratch.

If it's really important for you that he be here for the birth of your child then I recommend you hold off filing any papers, and just let him come here on a visitors visa in October. You can get married while he's here and then he can return to Guatemala while you file the CR1. It will take a little longer, but he'll have his green card and be able to work when he returns to the US. It will also cost less money than the K1 process. This will also give you more time to learn how the process works and get your paperwork in order.

Thank you so much for your detailed explanation! So it takes a total of about 5 months for the K1?? He already has a tourist visa, but ends in October. I know I won't be able to have sufficient income, but I think sometimes having a co-sponsor is not always safe from what I've heard. I think the best choice would be CR1, would I be able to start the process while he's here? About how long would it take for him to get his green card? And there's no requirement for me to proof if I have sufficient income or not?

Yes, you will have to complete an I-864 affidavit of support for your husband if going the CR-1 route. For a family of four the income requirement is $27,562 for 2009.

[rooster 1]

Actually, when she files the app, she would only have to cover herself and fiance. However, it sounds like she would not be making enough money to cover either. You need to get a co-sponsor. I'm not sure what you meant by saying they are not a good thing. Many on here have used them and had no problems. If you attempt to file without the required income, you WILL be denied. A co-sponsor will be your only option.

[JimVaPhuong 4,863]

Thank you so much for your detailed explanation!

You're welcome.

So it takes a total of about 5 months for the K1??

No, that's the most optimistic scenario. The lengths of time I quoted you come from two different statistics. One is the average length of time from the first Notice of Action (NOA1) to the second Notice of Action (NOA2) from the two service centers. The second is the average length of time from when the Guatemala consulate gets the petition until the interview takes place. These statistics come from the VisaJourney website:

http://www.visajourney.com/timeline/stats.php?cfl=

As I said, this does not include the time it takes for your approved petition to travel from the service center, through the National Visa Center, and to the Guatemala consulate. It also does not include the time between when you mail the initial petition package until you receive the NOA1. Many, many things can happen to cause delays at any point of the way. Realistically, you can probably add another month or two to those statistics in the best case. If there are any hangups or complications, it can be significantly longer.

As has been said on this site many times, don't make any plans based on when you expect to get the visa. You won't know when you'll get it until you have it in your hands.

He already has a tourist visa, but ends in October. I know I won't be able to have sufficient income, but I think sometimes having a co-sponsor is not always safe from what I've heard. I think the best choice would be CR1, would I be able to start the process while he's here? About how long would it take for him to get his green card? And there's no requirement for me to proof if I have sufficient income or not?

No matter what type of visa you apply for, you must still provide the necessary evidence to prove you meet the financial minimum requirements. This proof must be provided at your fiance's interview at the consulate in Guatemala. The form you provide for this is the I-134. Technically, the I-134 only requires you meet the minimum of 100% of the poverty level for the number of people you'll be supporting, but many consulates insist you meet the 125% level. This is because you'll use a different form - the I-864 - when you file for adjustment of status, and that form requires the 125% level.

If you decide to get married and then apply for the CR1, then you're going to have to provide the I-864 form for the interview, since he'll be getting his permanent residency status before he arrives in the US.

If you can't meet the minimum income requirements, then you're going to need a cosponsor who meets the requirements.

[JimVaPhuong 4,863]

Actually, when she files the app, she would only have to cover herself and fiance. However, it sounds like she would not be making enough money to cover either. You need to get a co-sponsor. I'm not sure what you meant by saying they are not a good thing. Many on here have used them and had no problems. If you attempt to file without the required income, you WILL be denied. A co-sponsor will be your only option.

Yeah, but she doesn't provide the affidavit of support with the petition. Her fiance will have to submit it to the consulate at the interview. If her children have been born at that time then she's legally obligated to support them, as well. In either case, she'll need to submit an I-864 to adjust status, and she'll need the meet the income requirements at that time.

[zariagirl 0]

Thank you so much for your detailed explanation! So it takes a total of about 5 months for the K1?? He already has a tourist visa, but ends in October. I know I won't be able to have sufficient income, but I think sometimes having a co-sponsor is not always safe from what I've heard. I think the best choice would be CR1, would I be able to start the process while he's here? About how long would it take for him to get his green card? And there's no requirement for me to proof if I have sufficient income or not?

You can have a close family member or friend who you trust act as a co-sponsor. Good luck with the visa and the baby!

[Anh map 2,098]

Actually, when she files the app, she would only have to cover herself and fiance. However, it sounds like she would not be making enough money to cover either. You need to get a co-sponsor. I'm not sure what you meant by saying they are not a good thing. Many on here have used them and had no problems. If you attempt to file without the required income, you WILL be denied. A co-sponsor will be your only option.

Yeah, but she doesn't provide the affidavit of support with the petition. Her fiance will have to submit it to the consulate at the interview. If her children have been born at that time then she's legally obligated to support them, as well. In either case, she'll need to submit an I-864 to adjust status, and she'll need the meet the income requirements at that time.

Brother Jim saw my intent. By the time they adjust status (if going the K1 route), or perhaps have the CR1 interview (due date is October) the children may have arrived and the family would be at 4.