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[LaurenR 0]

Me and my boyfriend have been together for 4 and a half years. We have two kids together (3 years and 6 weeks). He left the counrty under a voluntary departure last week. I'm trying to figure out a way to bring him here to be with us! I've been reading about K-1 fiance visas. I was wondering if anyone could give me advise about filling. Also, how long does it usually take? What forms do I need to fill out? What if I can't support him 125% above the pverty line? Any help would be great! Thanks!

[Niels Bohr 72]

K-1 varies. Some people would get approval in one month, others would get it 3 months. But, a majority tend to get an approval within 30 days.

If you can't support him, then you will need to file form I-134 later on. Find someone who is close to you, and know you well and earn above the boundaries of the Federal Poverty Guidelines to act as the sponsor for your fiance.

Just follow the directions on the I-129F form. Give them what is asked. You will be fine. RFE (Request for Evidence) may be mailed out if they find that you forget to give them something, or they want something else to prove your relationship.

Make sure you read the guides we have. It's the best place to look first.

[msu17 0]

Me and my boyfriend have been together for 4 and a half years. We have two kids together (3 years and 6 weeks). He left the counrty under a voluntary departure last week. I'm trying to figure out a way to bring him here to be with us! I've been reading about K-1 fiance visas. I was wondering if anyone could give me advise about filling. Also, how long does it usually take? What forms do I need to fill out? What if I can't support him 125% above the pverty line? Any help would be great! Thanks!

Congrats on the new baby and welcome to VJ Read through the guides up above, they are very comprehensive. The K1 is usually faster than the marriage visa's. To get a good idea of the processing times, read through the timeline and procesing times above as well. It varies based on where you file and his country. For the poverty rule, you can get a co-sponsor who makes over the 125% line. Good luck

What is your SO's country and what is the service center you have to file at?

Edited March 27, 2007 by msu17

[JoeMama 0]

Me and my boyfriend have been together for 4 and a half years. We have two kids together (3 years and 6 weeks). He left the counrty under a voluntary departure last week. I'm trying to figure out a way to bring him here to be with us! I've been reading about K-1 fiance visas. I was wondering if anyone could give me advise about filling. Also, how long does it usually take? What forms do I need to fill out? What if I can't support him 125% above the pverty line? Any help would be great! Thanks!

Welcome to VJ! Most of us here will try to help you. I would highly suggest that you read the Visa FAQ and the Guides section of this website. Knowing what you are dealing with is important and it will save you a lot of time and aggravation not understanding what people are trying to say to you. Please try to give as much information pertaining to your situation so that the whole picture is painted for us.

You said he left on a "voluntary departure" last week. Did he overstay his visa? If he did, how long? This could be an important factor.

If you're considering a K-1 fiance' visa, the wait time can vary before he can receive a visa. Check out the timelines on this site. They're more accurate than the timelines at the USCIS site.

All the forms you will need for your visa are listed in the GUIDES and Visa FAQ sections of this site. Forms can be downloaded for free from here or the USCIS website at www.uscis.gov.

If you do not meet the require 125% above poverty level, you can always have someone co-sponsor with you. Provided their income for the entire home, including the co-sponsor, meets or exceeds the 2007 Federal Poverty Guidelines.

Good luck. I'm sure more people will add to this post.

[LaurenR 0]

Me and my boyfriend have been together for 4 and a half years. We have two kids together (3 years and 6 weeks). He left the counrty under a voluntary departure last week. I'm trying to figure out a way to bring him here to be with us! I've been reading about K-1 fiance visas. I was wondering if anyone could give me advise about filling. Also, how long does it usually take? What forms do I need to fill out? What if I can't support him 125% above the pverty line? Any help would be great! Thanks!

Congrats on the new baby and welcome to VJ Read through the guides up above, they are very comprehensive. The K1 is usually faster than the marriage visa's. To get a good idea of the processing times, read through the timeline and procesing times above as well. It varies based on where you file and his country. For the poverty rule, you can get a co-sponsor who makes over the 125% line. Good luck

What is your SO's country and what is the service center you have to file at?

What if I don't have anyone to co sponcer? Would they make any exceptions? I'm not sure what SO is lol sorry, but my boyfriend is in Guatemala and I'm not sure which service center I would use.

[LaurenR 0]

I'm sorry, I should have mentioned that he was here illegally and got caught. He spent some time in immigration jail and was released on $6,000 bond. The judge allowed him time to stay here so he could be here for the birth of our daughter.

[Niels Bohr 72]

The point of having a sponsor is that they do not want someone to rely on governmental support when they've just entered into the States. Governmental support such as Welface, TADFC, Food Stamps, etc...They want to be guaranteed that your fiance will not be a burden to them.

I don't know if they'll make an exception. It's very difficult to fight them. Find even a friend.

[~Chad~ 0]

Welcome to VJ, good luck

[Yodrak 7]

laurenskar,

If this means what it sounds like, and I see from your subsequent post that it does, you need an good attorney not a discussion group.

Yodrak

..... He left the counrty under a voluntary departure last week. I'm trying to figure out a way to bring him here to be with us! ....

[JoeMama 0]

I'm sorry, I should have mentioned that he was here illegally and got caught. He spent some time in immigration jail and was released on $6,000 bond. The judge allowed him time to stay here so he could be here for the birth of our daughter.

Thank you for filling in more of the story. I am unsure about where you can turn at this point because he was here illegally. Most of the time, if the situation doesn't have any complex issues, most people can go about applying for a visa without the consultation of an attorney. I would consult the expert advice of a good, qualified immigration attorney.

[Dan J 277]

I'm sorry, I should have mentioned that he was here illegally and got caught. He spent some time in immigration jail and was released on $6,000 bond. The judge allowed him time to stay here so he could be here for the birth of our daughter.

That makes it alot more complicated, did he overstay another visa or did he enter the country illegally? Reguardless, I'm pretty sure he may be facing a ban from entering the country (3-10 years ussualy). You need to find a good immigration attorney, do your research, looking into the AILA (http://www.aila.org/) registry might be a good place to start.

[aussiewench 9]

laurenskar

Laurel Scott has an online chat every wednesday at 11am. She deals with waivers etc. She also has some good reading on her site. www.visacentral.net She is an attorney specializing in the I-601 Waiver of Ground of Excludability. which includes for those that have been unlawfully present in the United States for more than 180 days and are now outside the US.

Others on this board speak highly of her, so might be worth a go.......at least have a chat with her.

All the best.

[GabachaYucateca 0]

Also, go over to immigrate2us.net. There are many people filing waivers over there.

From what I understand, you file the I129F then when he goes to his interview in Guatemala, he will be denied and invited to submit a waiver. People have been waiting for at least a year to find out if their waiver will be approved (you have to prove that moving to Guate would be an extreme hardship to you). Of course, there's no guarantee that they'll approve the waiver.

So tack on at least a year after the K1 is approved and he has his interview, and realize that there is no guarantee that he'll be allowed to reenter.

[CountryBoy 0]

interesting story, good luck with your journey

[JoeMama 0]

After thinking about your situation for a while. I can't help but wonder if people who are in the US illegally, realize ahead of time what the consequences are after getting married in the US. Then having children, getting caught later on, and being deported back to their country alone. I just think of the mess that has been left behind with a 3 year old and a newborn baby. Having to basically deal with all this on your own and find solutions to unite your family again. But in a legal fashion. I can't help but think of your children and them not being able to see their father for however long it's going to take when all of you can be together again. Unless, you and the children fly to his country to visit on somewhat of a regular basis. Or you decide to take the children and move there to be with him.

I think about the US citizen husbands and wives who marry and have children with an illegal alien. Do they actually think about before having children with an illegal alien, they could lose their spouse at any given time and the same situation can happen to them also?

Nobody's luck runs on forever. Wishful hoping is just that...wishful thinking.

I only wish for those who have made it to the US and maintain to live here illegally and wanting to have children. Eventually, you will have to answer to the immigration process sooner or later. You should not have your children pay this price with you. It is not fair to the children. They deserve much better.

Edited March 28, 2007 by altimixdj