Advice needed for newbie

[WideOpenRoad 0]

My fiance and i have a number of questions and also need some advice about our current situation. First some background:
My fiance is from the USA. I intend to immigrate there from my country.

We have been together for 8 years or so. First met in person in 3 years ago. 
We got engaged this year.
Upon returning from my trip to the US this year following our engagement i learned my fiance is pregnant.
It looks like my fiance will give birth in June 2018. 

This is a concern because we haven't quite finished the process of filling out our K1 visa forms.  It is my understanding that the first part of the process can take anywhere between 6 and 9 months.

So obviously we are quite stressed. If we can get the forms submitted by end of this month or early December we may have a CHANCE for me to get there in the correct way, get married and i will be there for the birth

I do realize that i can travel over there for the birth on a tourist visa (that this is not advisable but do-able nonetheless)

but what if i was to do that and the K1 was then approved? Wouldn't i then have to return to my country to attend the embassy interview and so forth?

Are there any other options i can consider?

We have a number of other questions but i will leave them for now as this first question is a huge concern and is worrying me sick.

 

Any advise or opinions of how to proceed would be helpful.

Thank you kindly

 

[Lemonslice 4,993]

I do realize that i can travel over there for the birth on a tourist visa (that this is not advisable but do-able nonetheless)

_____

Many travel during the process, where did you read that it was not advisable?

[GreatDane 366]

44 minutes ago, Lemonslice said:

I do realize that i can travel over there for the birth on a tourist visa (that this is not advisable but do-able nonetheless)

_____

Many travel during the process, where did you read that it was not advisable?

I think they mean that there is a risk of denial at POE. If you travel during the visa review, you need to have strong ties to you home country.

 

OP - What is country are you in?

[WideOpenRoad 0]

23 hours ago, Lemonslice said:

I do realize that i can travel over there for the birth on a tourist visa (that this is not advisable but do-able nonetheless)

_____

Many travel during the process, where did you read that it was not advisable?

i read that in a few different places.The last three years visits i have simply said i was on holiday when asked. I guess i thought it would be un-advisable as there may be the risk of a  concern by officials that i would not return and/or get married there. I do realize though that they would not have the information regarding the K1 visa already being in progress though. So they probably would not ask me anything further than what's the purpose of your visit. I have been there years in a row but i doubt that would arouse further inquiry.

I guess my main concern is if the k1 was approved while i was there for the birth i would have to come back to attend the interview.

Would another option would be to just not get married yet and come in on a 6 month tourist visa, start the process while i''m over there for the birth?

Or get married over there and do a K3 (which i've read is more complicated)
There are just so many possible scenarios i am going through in my head it's driving me crazy. This is so stressful. 

22 hours ago, GreatDane said:

I think they mean that there is a risk of denial at POE. If you travel during the visa review, you need to have strong ties to you home country.

 

OP - What is country are you in?

Australia

[DollyDolly 278]

5 hours ago, WideOpenRoad said:

i read that in a few different places.The last three years visits i have simply said i was on holiday when asked. I guess i thought it would be un-advisable as there may be the risk of a  concern by officials that i would not return and/or get married there. I do realize though that they would not have the information regarding the K1 visa already being in progress though. So they probably would not ask me anything further than what's the purpose of your visit. I have been there years in a row but i doubt that would arouse further inquiry.

I guess my main concern is if the k1 was approved while i was there for the birth i would have to come back to attend the interview.

Would another option would be to just not get married yet and come in on a 6 month tourist visa, start the process while i''m over there for the birth?

Or get married over there and do a K3 (which i've read is more complicated)
There are just so many possible scenarios i am going through in my head it's driving me crazy. This is so stressful. 

Australia

Australia is not a high fraud country. Should not raise concerns. 

 

Do not say you are on holiday/vacation. You need to tell the truth - I am visiting my fiancé. Always best to tell the truth! I've visited the US many times before we filed for K1 and every time I advised I was visiting my boyfriend/fiancé and there was no issues.

[WideOpenRoad 0]

On 11/15/2017 at 8:23 PM, LucyDolly said:

Australia is not a high fraud country. Should not raise concerns. 

 

Do not say you are on holiday/vacation. You need to tell the truth - I am visiting my fiancé. Always best to tell the truth! I've visited the US many times before we filed for K1 and every time I advised I was visiting my boyfriend/fiancé and there was no issues.

Thanks so much for your reply. Well it was my first time travelling overseas on my first visit so while my intention was always to be truthful i had heard all kinds of stories regarding customs in the US and was really nervous about the whole thing. Even my travel agent advised to just say holiday when asked and not to offer up any other information. So that is what i have done every time i have been there. Obviously if the K1 is approved it's a different process anyway isn't it? At port of call i mean? I haven't really had time to investigate all that yet. My previous experiences there have been very smooth in that i just scan my passport because i have traveled in the previous year avoiding most of the big queues and then face an officer at final part of entry. Coming in on a K1 from my understanding is different isn't it? In that i will have to present documents (the package) and face a possible interview? Is that correct? As i said i have not really investigated that part of the process yet. Fills me with dread and worry over ridiculous things like possibly missing a connecting flight because i'm not sure how long all that takes. Any advice and/or info on that process with would be helpful from members here too!

[JFH 12,191]

14 hours ago, WideOpenRoad said:

Thanks so much for your reply. Well it was my first time travelling overseas on my first visit so while my intention was always to be truthful i had heard all kinds of stories regarding customs in the US and was really nervous about the whole thing. Even my travel agent advised to just say holiday when asked and not to offer up any other information. So that is what i have done every time i have been there. Obviously if the K1 is approved it's a different process anyway isn't it? At port of call i mean? I haven't really had time to investigate all that yet. My previous experiences there have been very smooth in that i just scan my passport because i have traveled in the previous year avoiding most of the big queues and then face an officer at final part of entry. Coming in on a K1 from my understanding is different isn't it? In that i will have to present documents (the package) and face a possible interview? Is that correct? As i said i have not really investigated that part of the process yet. Fills me with dread and worry over ridiculous things like possibly missing a connecting flight because i'm not sure how long all that takes. Any advice and/or info on that process with would be helpful from members here too!

Why would you listen to a travel agent on a legal matter like this? He or she doesn't work for immigration or make the decision. Furthermore, it's you that's being admitted or refused, not the travel agent so it matters not what he or she would do. Travel agents are for buying tickets, nothing more. It's a very unwise move to say "going on holiday". I assume you have written the residential address on your blue customs form each time? They know that's not a Holiday Inn! They keep this information on your file (I have proof - let me know if you want to know how I know). A young single male making repeated visits alone to a residential address...CBP are not stupid. They already know who lives there and why you're visiting. They're just waiting for you to trip yourself up. I visited over 40 times during the spousal visa process and never said "on holiday". I always said "visiting my boyfriend/fiancé/husband" (depending on the point in time). And guess what? No refusals, denials, and only once went to a secondary. It's not a crime to visit a girlfriend.

 

To get back to your other questions, if you happen to be visiting when your interview date is confirmed, you will need to return home and complete the process just the same as anyone else. There are no exceptions to the rule for your poor planning or lifestyle choices (whichever is the reason for the pregnancy). Your case will not be handled any differently. 

 

No, you cannot enter as a tourist with the intention to get married and stay. That is flat-out illegal. Remove that option from your mind.

 

Yes, when the process is complete you will have a slightly different experience at immigration and won't be able to use the machines. But that's not for another year or so if you haven't even filed yet.

 

Your next concern is finances. There will soon be 3 of you and you won't be able to work for many months after you arrive. Depending on which state you're moving to you won't even be able to drive. With a new baby that's a lot to consider. The K-1 isn't the best option for many people. If you get married first and then file a CR-1 you will be able to work, drive, travel internationally from the moment you arrive. You can visit throughout the process. For me, it was a no-brainer. And I didn't have a kid to support. I think it's actually very irresponsible to knowingly put yourself in a position where you cannot financially provide for your child when there is an alternative. 

Edited November 18, 2017 by JFH

[garcia0913 0]

I am filling out my l 129 f... I changed my name when i became a citizen through naturalization.. Do i need to provide evidence of the name change? I no longer use that name anymore..