K-1 and waiver

[missolichka 0]

hi everyone. i apologize if there are too many questions here like mine but i couldn't find exactly the same case as mine.

my fiancee(USC) is applying for a K-1 visa for me. the problem is that i overstayed my J-1 visa but left US volunteerly. i had no problems with the law in US. i know my visa will be denied first and i will have to file for a I-601 waiver. my question is can i bring the 601 and letter of the hardship for the interview with so i can apply for it right away or do i have to wait with that? and one more question: i'm pregnant with my fiancee's baby right now. it's not due till december but what do we write in the forms for children? or how do we document that? thank you for all the advice and help

[nickm 1]

You can have your waiver ready at the interview, if you get a denial.. but the denial depends on how long you overstayed your J-1.. if its under 180 days you might not even need the waiver.

I think the pregnancy part will come into the medical exam and depending on when the baby is due, maybe it will come into the I-134.

I assume the babys father is a USC in which case make sure to register the baby's birth and it then you can get a US passport for your baby.

Congratulations and good luck.

[canadian_wife 1,822]

Submitting the I-601 at the time of the visa denial (at the interview) is consulate specific. Not all consululates allow the waiver packet to be submitted at the interview

US immigration does not recognize unborn children as persons. So until the child is born, it is not an actual 'person' to be recognized on any forms.

Good luck

[missolichka 0]

thank you for your answers. i overstayed for 2 years.so i will definitely need a waiver.

[NigeriaorBust 4,087]

There are a lot of examples for waivers on immigrate2us.net. Their site is much like this one but they specialize in waiver cases.

[damulag 26]

Also make sure your J1 visa does not have a 2 year home residency requirement.

[missolichka 0]

it says : bearer is not a subject to section 212(E)

two year rule does not apply...