Listing of possible issues for K1/K2 applications?

[Seeking Answers 0]

Hello all,

 

   I'm brand new to this site and forums, although I've looked through the introductory guidelines and FAQs.  In some of the forum discussions, people mention red flags that seem like obstacles to the K1& K2 application process, and I haven't yet found a comprehensive list of these, or potential circumstantial issues I might need to be aware of.  (Any links would be appreciated.)  As I'm sure many people are aware, it's a lot to jump in to, without experience.

 

   I'll describe my situation, and if anyone cares to make observations or recommendations, that would be appreciated.  I fully comprehend that being considered for residency is a privilege and not a right, it's not something anyone should take for granted, and I'm very respectful of the fact that it's not something that can (or should) just be pushed through because it's wanted.  That being said, it can't hurt to investigate and feel out what we'd be facing, so any help would be appreciated.

 

  I'm 46 years old, never married and no children, and own my own retail business.  No criminal history, no substance abuse problems. Nearly 2 years ago, I made the acquaintance of a Ukrainian woman (now 23 years old) through an internet chat forum.  Not a dating site, it was just for platonic chatting.  We didn't start out with any intentions to date (or even meet), but we got to know each other, and enjoyed chatting.  I should also note that she suffers from diabetes, and it has surfaced a few times to hospitalize her, but there is no criminal or drug history with her, either.  At the time, I didn't speak Russian or Ukrainian, and her English wasn't perfect (we've both made substantial progress in the last 2 years, for the sake of talking with each other).  So our chats were filtered through translation software.  At one point, when she told me she had a bad husband, it translated as, "man."  (to this day, if you use the google translator right now, English to Ukrainian, type in "husband," translate, and then reverse translate it - the English version now comes through as 'man.')  I assumed, 'man' meant boyfriend, due to her youth.  In a nutshell, she was orphaned when she was younger, and quickly came to resent living with a dysfunctional set of relatives, so she married her first serious boyfriend and moved out. 

 

    Her husband turned out to be a bad person, incapable of supporting her, and becoming physically abusive soon after the rings were exchanged.  A few months after the marriage, she was pregnant stemming from non-consensual sex with her husband, and it was during this time that she and I began exchanging terms of endearment, and romantically caring for one another.  (I was unaware of the pregnancy just then, and even the husband at that point.)  I know how that sounds, but we don't always have choice in when, how, or with whom romantic feelings arise.  She found in me someone who listens to her, and treats her with respect & kindness, and in her I found someone with a set of values & ideals I haven't found in women I've dated in the past.  Now that she is the mother of a 9-month old daughter, the husband does not live with them (and hasn't for several months) - they're effectively estranged and separated, and she's seeking legal divorce.  He's not winning Father of the Year, as he only visits his infant daughter once every 6 weeks or so.  We doubt he would contest the child's departure from Ukraine, but it is possible.

 

    So kind of a mess, I know.  She's a great mother with little-to-no family support, she's someone I would love to marry and help provide a better life for, and I wouldn't mind following in my father's footsteps and starting a family a little later in life.  She's been my best friend for well over a year and a half, and I would love to offer her (and her daughter) a shot at living in a much better country than what she's used to.  We've spent a week together in Kiev, and will be doing so again in February.

 

   Whereas it would be great if the process were quick, neither of us are foolish enough to think it will be, especially given all the complexity of our situation. So we can have some patience if it takes a couple of years before we can move things much further ahead than where they are now.

 

    So potential issues I don't know if we should be worried about, as I understand them: 

 

Age difference of 23 years.

Her diabetes

Her lack of job experience, although she would be a boon to my store, and has enough retail experience to qualify

Overlap of our correspondence/relationship with her marriage

Her 9-month old daughter, with a father who might (unlikely) not want the child to leave Ukraine

Is there a duration of time she must be legally divorced before we file the initial i129-f?

 

    Any advice or tips would be appreciated, as would a list or explanation of potential red-flag issues.  Thanks for your time.

 

-Seeking

 

 

[Salty2305 504]

I'm currently awaiting approval on K1 and K2 Visa. I'm certainly not an expert but in terms of taking the child out of the country, in my case even to go on holiday I've had to get written consent from my sons Father as well as carrying his birth certificate to prove I'm his mother as he has his Father's last name. 

 

I'm not sure what the law is in Ukraine but here I either had to get a Child Arrangement order through the courts that would involved convincing the court that emigrating was in my sons best interests or come to a custody agreement with my sons Father. I suspect you may have to do something similar, I found a lot of information on the internet before consulting with solicitors about custody. We didn't even put in our visa application until the custody issue was resolved.

 

Good luck with everything

[geowrian 22,338]

There's a lot of details here, so sorry if I missed or misunderstood something. Here's what I see:

1. An age age of 23 years may raise some scrutiny, but it's not insurmountable by any means. They look at the local culture and if it's uncommon, then it can raise scrutiny of the relationship. Many people with that kind of age gap have immigrated successfully, though. When you get into the 30 and 40 year gaps is when it really starts to bat an eye, IMHO.
2. Her diabetes isn't an issue in itself. You will need to show the ability to support her so she won't become a public charge (she won't qualify for Medicaid and other means tested benefits for a while), but as long as you (or a joint sponsor) are able to do so, it's not an issue. Supporting her includes ensuring proper care for her diabetes...albeit with the ACA, you should be able to get insurance for her fine through your employer or the public marketplace/exchanges.
3. Her lack of employment history isn't a concern. Again, the Affidavit of Support should address concerns of her becoming a public charge. If you do the K-1, she won't be allowed to work in the US until she gets her EAD (or a green card). ETA for the EAD: 3-4 months after filing for AOS. Employment includes unpaid work...i.e. she can't be a helper in your store doing what an employee would do (i.e. she cannot displace a US worker).
   1. If you get married and do a CR-1 instead, she can work immediately.
4. The overlap of a relationship while she is still married will likely raise scrutiny of the relationship being bona fide (that it's not just for an immigration benefit). The way to overcome this (and any other flags) is with solid relationship evidence and face time.
5. If the father will not consent to the child leaving with her, then the child will not be permitted to do so (with a few exceptions). The exceptions vary by country. This is something you will need to consider and seek some assistance from professional help and/or other members that have gone through the same situation in your country.
6. There is no minimum amount of time she needs to be legally divorced to file the I-129F. Once the divorce is final, you can file. However, I will just note that trying to bring a fiance or spouse quickly after a divorce will be looked at with scrutiny as well.
7. Just to confirm, you have met in person at least once within the last 2 years, right? How much time have you spent together in person, and over how many trips?
8. If there's still a language gap, that will be a red flag as well.

I'd personally suggest looking at getting married and filing for a CR-1 visa. Getting married doesn't directly improve your chances of showing a bona fide relationship, but 1) the extra time together to get married is helpful, and 2) if your case is denied, at least it can be reviewed (I-129Fs are left to expire after a K-1 refusal). Plus, a CR-1 is superior to a K-1 in every way (cheaper, less steps, green card immediately, no wait to work or travel) except that it takes several months longer to obtain. Since you have the patience to wait even years for this, a few extra months would probably do you a lot of good. It's your choice really, but I think it's something you should take a look at and consider.

 

K-1 ETA: 6-8 months from filing to visa on average.

CR-1 ETA: 12-14 months from filing to visa on average.

Edited August 6, 2017 by geowrian

[Georgia16 2,858]

Hi, here is a link to the K-2's don't mind it says AOS it is about the whole journey.

 

I did K-1/K-2 also so feel free to ask.

 

Your age difference I wouldn't worry about with her coming fra Ukraine.

Her diabetes will be talked about at the medical but thats it. It won't stop her from coming here. (Just be aware you need to get her on your insurance as soon as she comes here and you guys are married).

The fathers permission well ask him as soon as the divorce is final so you guys know what you are dealing with. Some countries it's fine enough if there is sole custody. (I don't know with Ukraine).

[Eric&Olya 881]

First of all, she won't be able to get a divorce until her child is 1 year old, according to the law.

Secondly, there's no chance to get a sole custody here in Ukraine unless the father is some dangerous criminal, or something of that kind. The fact that he doesn't live with them is not convincing enough for the court. Well, if he was abusive, and it's documented somehow, she might give it a try.

Also, she has to make sure the father gives her a notarized permission to take the child out of the country. He might choose to be difficult just out of spite, and there's hardly any legal way to make him sign one. Besides, if she wants to return to Ukraine later to visit her family or friends, she will need his permission every single time to travel with her daughter. 

 

I am Ukrainian, a single mother of two, got divorced in 2015, so my experience is fairly recent. Fortunately, my story is not that complicated but the system in general is very protective of fathers.

 

As for the other potential issues, Geowrian explained everything very well.

 

[Seeking Answers 0]

Geowrian: Thank you so much for the extremely useful overview.  It gives us a great place to start.  I wasn't optimistic, but you gave a lot of encouraging information; it's greatly appreciated.

 

Yes, we've spent time together in person. (1 week so far, another 10 days upcoming in February, more in the spring.)   During our first visit, we took a large number of photos together, and will do so again during our upcoming visits.  We also have physical mail, screenshots of hundreds of chats, and call records.

 

Our language barrier is greatly diminished now, her English is pretty solid, and my Russian (unfortunately easier to find texts & lessons for this than Ukrainian) is a work in progress, but getting there. 

 

For some reason I thought the consensus held that the K-1 was the generally advised route, but I was unaware the CR-1 held so many advantages; thanks again. 

 

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Georgia16:  Thanks, also.  It's good to hear every single bit of anecdotal advice or experience that we can hear as get started. 

 

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Olya - thank you very very much for your information as someone who's come from a similar situation.  The daughter will turn 1 year in December, which is why the mother hasn't yet been able to get divorce.  I very much understand, unfortunately, what you're saying about the laws skewing toward the father's rights, even if they don't participate fully (or virtually at all) in the child-rearing.  He seems to regret the marriage and the child, and I'm hoping that he'll understand I can provide a better life for his daughter than he currently can, and if he isn't participating in her life now, this would be an easy way for him to start anew without guilt.  But as you say, spite can enter into it, so I'll have to cross that bridge when we come to it. 

 

I wanted to follow up with you, though - is the notarized permission to leave the country all the child would need from the father to be allowed to immigrate (on top of the actual immigration paperwork, of course)?  Can sole custody be awarded if he consents to it after the divorce?  Any other advice or information would be appreciated.

 

Thank you all again for your help!