K-1 approved but still have questions

[Lolo260 33]

Hello all!  First time poster, but this site has helped tremendously through our journey.  My fiance and I had our embassy interview 06/12/17 in the Dominican Republic and he was approved.  I'm afraid if we missed something so My questions are as follows,  and forgive me if these have been asked before.  

1) before the interview he was told to bring 2 passport sized photos.  They approved him but never asked for the photos.  Is this OK?  Is it unusual?  Was there a step we missed after being approved ? We were so excited we just left was there something else we should have done after the approval?  

 

2) after he picks up his visa does he have to come up here immediately?  I know we have 90 days to marry AFTER he enters the US, but is there a limit to how long he can stay there?  Only wondering because I wanted to have everything ready for him before he came (apartment, jobs lined up,  etc.) 

 

3) my fiance has a daughter but we didn't file for her yet because we wanted to spend some time getting everything ready for her to live with us.  Is that going to be a problem?  Can her mother refuse him even partial custody?  

 

4) how long does he have to wait to go back to visit her or his family? Obviously he won't be running back immediately but I've heard from some people he should wait a year.  Is there an exception to visit his daughter?  

 

 

Thank you again and if any Extra info is needed to answer any of these I'll be happy to share! 

Edited June 19, 2017 by Lolo260
Needed more detail

[KULtoATL 1,551]

1) Not sure about the passport photos.

 

2) He has 6 months to enter the US. Check the visa for the end date. He won't be able to work immediately when he arrives before receiving an EAD so lining up of jobs is a bit too early.

 

3) Not sure about custody either. But a child can't be petitioned what more moved without the proper custody documentation.

 

4) He can only travel out of the US with an AP after entering with a K-1 so in this case, it depends how soon he is issued a combo EAD + AP card. He will be considered abandoning his AOS if he travels without an AP. 

 

After your marriage, he'll need to file for AOS + EAD + AP. AOS currently costs $1140 + $85 biometrics fee and EAD + AP will be free if filed concurently with the AOS.

 

[Lolo260 33]

Thank you so much for all your help.  I'm really curious about those photos though.  I don't want to think everything gets messed up for something so small! 

[KULtoATL 1,551]

I am sure the more experienced and knowledgeable VJers would chime in on that. I also hope that the photos wouldn't mess up his visa issuance. Perhaps you can have your fiance call his local embassy to confirm that they didn't need his passport photos? That is probably safer.

[geowrian 22,337]

1. That seems unusual since I'm not sure what photo they will use on the actual visa... Edit: except maybe the DS-160 photo. That's my guess, but please check with the embassy.
2. The expiration date of the visa will be printed on the visa. It will be 6 months from the medical or the interview, whichever came sooner (usually the medical).
3. The daughter can utilize follow to join for up to 1 year. DR laws will determine if the child can be taken abroad without the mother's consent. Generally, consent of all legal guardians is necessary. Partial custody is still custody, so my assumption would be she would need to provide consent.
4. Once he enters on the K-1 and marries, he can file for AOS + AP + EAD. AP and EAD are each taking about 3-4 months currently. AP will allow him to leave the country without abandoning AOS, and then return. No entry at the US border is guaranteed except for USCs, but barring a reason to deny entry, he should be fine using AP.

Edited June 19, 2017 by geowrian

[G&M. 22]

For the Dominican Republic, We don't need to bring photos. The Visa photos are taken at VAC before the interview. No worries

[Lolo260 33]

Quick update,  got the email last night that his passport/visa is ready to be picked up! So excited.  We only just started the process in November 2016. So it took us 7 months, then 1 week after the interview it's already been processed.  I know our whole journey is not finished yet but it's such a relief to get this first chapter finished! 

[Dashinka 24,448]

28 minutes ago, Lolo260 said:

Quick update,  got the email last night that his passport/visa is ready to be picked up! So excited.  We only just started the process in November 2016. So it took us 7 months, then 1 week after the interview it's already been processed.  I know our whole journey is not finished yet but it's such a relief to get this first chapter finished! 

Congrats!

[Unlockable 7,314]

46 minutes ago, Lolo260 said:

Quick update,  got the email last night that his passport/visa is ready to be picked up! So excited.  We only just started the process in November 2016. So it took us 7 months, then 1 week after the interview it's already been processed.  I know our whole journey is not finished yet but it's such a relief to get this first chapter finished! 

Wanted to add another tip for you.

 

While you are waiting for his trip to the US take the time to educate yourself on the Adjustment of Status process since it is going to take some time to finish. You will still need to gather documents and some you can start to gather now (bank statements, tax documents, etc). You can search the guides to give you an idea on things needed and overall costs.

 

Remember, he won't be able to work, leave the country, or possibly obtain a driver's license for 3 - 4 months after you file AOS,EAD,AP, so it is best to get a head start on it as  soon as you can.

 

http://www.visajourney.com/content/k1k3aos

 

Congrats and good luck.

[Dutchster 1,107]

15 hours ago, Lolo260 said:

3) my fiance has a daughter but we didn't file for her yet because we wanted to spend some time getting everything ready for her to live with us.  Is that going to be a problem?  Can her mother refuse him even partial custody?  

In order for his daughter to live with him and you, the mother has to sign an agreement where she states she agreed with the child leaving the country to move with the father. (This agreement can even be typed out in Word) Is the daughter listed on the I-129F form? You could have done the K-2 visa for her but once he has his green card, he has to file I-130 for her. It can take quite some years for her to receive a visa (if one is available) and come live permanently with you. 
 

Quote

If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information.

 

[TBoneTX 45,155]

*** Country-specific thread is moved from the K-1 Process forum to the Caribbean regional subforum. ***

[Lolo260 33]

What are the chances of her receiving a tourist visa? Are those hard to obtain? Can she get one of them before / while in the process of getting one to come here to live?  

Edited June 21, 2017 by Lolo260

[kemm360 144]

7 minutes ago, Lolo260 said:

What are the chances of her receiving a tourist visa? Are those hard to obtain? Can she get one of them before / while in the process of getting one to come here to live?  

How old is she?

[Lolo260 33]

She will be 3 in October