So here's my very high level plan

[Going through 5,671]

11 minutes ago, StuBro74 said:

Thanks I said yesterday that I didn't make sense. I was meaning more of an attitude. I get it that it's frustrating when noobs come on with the expectation that it's all a breeze and it looks as though they haven't researched anything. Fact is we researched it for months and have the packet ready and had it reviewed by family members but circumstance meant that we dropped it. I'm picking it up and refreshing my basic knowledge. Thanks for your reply.

Some people might find it frustrating---some people might not.

I can only speak for myself, but when newbies come on here asking basic (easily searchable) questions I just try to put myself back in that place and remember what it was like when *I* didn't know anything either/know where to start.  How I wish I'd discovered VJ back in my own AOS days...

 

I think the frustration some may feel largely depends on the attitude of the person asking questions...long-time members here have seen many threads where no matter what factual advice was given, the new poster was just intent on shooting the messenger instead of heeding what was said/further researching themselves...and then the same poster eventually comes back with another thread later on about how XYZ didn't work out and they got hit with a bar/misrepresentation/denial/inadmissible to the States, etc.

 

That's what becomes more frustrating for us who want to genuinely help others avoid a bad situation.  Not the questions themselves.

[fip & jim 452]

37 minutes ago, StuBro74 said:

Thank you. We looked at the process last year and then we left it due to college, work, pregnancy, life and I'm picking it up again. I guess I convinced myself that the leaving the US only applied to the 90 day visa and made some assumptions based on that. The missus coming to Scotland is an option but the better option is for her to remain in the US and for me to go there. If it's the case that I can't work then that's the way it has to be. I also totally forgot about the ESTA restrictions as I thought we'd be by that by now. Thank you for your reply, it means a lot to get a response

I’m not too aware of the requirements for other visas. I’ve heard that K1 is more expensive than CR1 or IR1 but some are willing to pay that. It used to be true that it was quicker but that’s not so relevant now because processing times are getting longer currently. The K1 restricts travel and work initially. For some that’s not a problem (me). Even so, with current processing times and if you file today you won’t be emigrating until April/May 2019, if you’re lucky. Throw in a RFE or mistakes or any variable of what can go wrong and you’ll be lucky to be there this time next year. That’s not a good option when you’ll have a new baby.

Could your fiancée come to Scotland for the birth and initial months of your child’s life? I don’t know the Scottish law on foreigners giving birth/ lengths of visits, etc. If you have to go to the US on a marriage or fiancé visa you need another plan in the meantime to tide you over for the next year.

A good place to start would be to look at http://www.gov.uk/browse/visas-immigration/work-visas for your options of being together in Scotland and weighing up your options. It must feel overwhelming with a pregnancy thrown in the mix. Don't allow the way you feel now to panic you in to making wrong decisions that affect the rest of your lives. I get that you want to provide for your family and be supportive but taking a few days to digest information and make informed choices is the best way you can do that. You never know what will happen in the future and being a parent requires you to think long term. Cute little babies grow in to screaming toddlers then stroppy teenagers before you know it. If you have the opportunity to have supportive family on hand then I would base the decision of where to live on that, along with work opportunities available. Children are expensive and demanding. They're also fun and lovable at times but they sure stretch you to your limits. 

[StuBro74 6]

10 minutes ago, fip & jim said:

I’m not too aware of the requirements for other visas. I’ve heard that K1 is more expensive than CR1 or IR1 but some are willing to pay that. It used to be true that it was quicker but that’s not so relevant now because processing times are getting longer currently. The K1 restricts travel and work initially. For some that’s not a problem (me). Even so, with current processing times and if you file today you won’t be emigrating until April/May 2019, if you’re lucky. Throw in a RFE or mistakes or any variable of what can go wrong and you’ll be lucky to be there this time next year. That’s not a good option when you’ll have a new baby.

Could your fiancée come to Scotland for the birth and initial months of your child’s life? I don’t know the Scottish law on foreigners giving birth/ lengths of visits, etc. If you have to go to the US on a marriage or fiancé visa you need another plan in the meantime to tide you over for the next year.

A good place to start would be to look at http://www.gov.uk/browse/visas-immigration/work-visas for your options of being together in Scotland and weighing up your options. It must feel overwhelming with a pregnancy thrown in the mix. Don't allow the way you feel now to panic you in to making wrong decisions that affect the rest of your lives. I get that you want to provide for your family and be supportive but taking a few days to digest information and make informed choices is the best way you can do that. You never know what will happen in the future and being a parent requires you to think long term. Cute little babies grow in to screaming toddlers then stroppy teenagers before you know it. If you have the opportunity to have supportive family on hand then I would base the decision of where to live on that, along with work opportunities available. Children are expensive and demanding. They're also fun and lovable at times but they sure stretch you to your limits. 

Due to thr family support network and finishing college it is better that I go there. You have clarified what I need yo do which is apply and then wait it out. Gonna be rough not working but I can be a house husband and father for a few months which isn't a bad situation at all. Thank you for your thoughtful response 

[fip & jim 452]

Just now, StuBro74 said:

Due to thr family support network and finishing college it is better that I go there. You have clarified what I need yo do which is apply and then wait it out. Gonna be rough not working but I can be a house husband and father for a few months which isn't a bad situation at all. Thank you for your thoughtful response 

You're not going to be able to do that until/ or if your visa gets approved. You're looking at least 10 months until you can enter the States with a visa. Who is finishing college, you or your fiancee? Have I got this right - you were studying in the US but you've been travelling back on an ESTA?

[StuBro74 6]

31 minutes ago, fip & jim said:

You're not going to be able to do that until/ or if your visa gets approved. You're looking at least 10 months until you can enter the States with a visa. Who is finishing college, you or your fiancee? Have I got this right - you were studying in the US but you've been travelling back on an ESTA?

Hi my fiancee is finishing college and has another year. Ive been back and forth for about a year every month so I will reach my 90 days shortly. I may have to apply for a tourist vusa in the interim 

[Jojo92122 1,924]

21 minutes ago, StuBro74 said:

Hi my fiancee is finishing college and has another year. Ive been back and forth for about a year every month so I will reach my 90 days shortly. I may have to apply for a tourist vusa in the interim 

With a pending K1 and coming from an VWP country, you will have a high bar for a visitor visa to show why you want more than 90 day visits to the US.  The US Embassy will suspect that you intend to spend 6 months living with your fiancee on the visitor visa while waiting for the K1.  If the visitor visa is denied, you will also lose ESTA/VWP privileges.   Applying for a visitor visa is not without significant risks in your case.

[Going through 5,671]

27 minutes ago, StuBro74 said:

Hi my fiancee is finishing college and has another year. Ive been back and forth for about a year every month so I will reach my 90 days shortly. I may have to apply for a tourist vusa in the interim 

A tourist visa is very difficult to get with a pending K1 in the mix.

CO is going to automatically presume you are planning on adjusting status from within the US to circumvent waiting time.

[geowrian 22,338]

5 hours ago, Wendy427 said:

A fiancée in the future can be referred to as wife. That made sense to me as the reader.

The reason it was pointed out was because 1) the K-1 does not permit anybody already married, and 2) people have been denied a K-1 visa for referring to their fiance/fiancee as a husband/wife in documentation or the embassy interview.

The point is that getting into the habit of using correct terminology is important.

 

2 hours ago, StuBro74 said:

I may have to apply for a tourist vusa in the interim 

1) Obtaining a tourist visa with a pending K-1 or immigrant visa case is very difficult. A tourist visa requires not having immigrant intent (INA 214(b)), yet being in process for a K-1 implies that you intend to immigrate soon. Typically, a CO would not take said risk.

2) A denied visa application requires your ESTA application to be updated. This will result in the ESTA being denied (at lease for some decent period of time).

[Boiler 46,359]

Referring to somebody who is not your wife as your wife makes no sense to me.

 

Or vice versa.

[fip & jim 452]

3 hours ago, StuBro74 said:

Hi my fiancee is finishing college and has another year. Ive been back and forth for about a year every month so I will reach my 90 days shortly. I may have to apply for a tourist vusa in the interim 

As others have said a tourist visa and applying for a K1 will be seen as a conflict of interest by a customs officer. You need to proceed with caution if you want to be able to be with your fiancee and child legally. USCIS don't care if you have a pregnant fiancee or a child in the States. Pregnancy is not seen as a reason for special treatment or a way to expedite the process. 

[fip & jim 452]

3 minutes ago, Boiler said:

Referring to somebody who is not your wife as your wife makes no sense to me.

It can be a cultural thing, Boiler. "The wife", "her indoors", etc. Sure, you need to be careful about the language thing when speaking to officials. I call Jim my husband sometimes, because that's how I feel about him. I'd be very careful about how I refer to him to a US CO though, they scare the bejesus out of me. 

[StuBro74 6]

21 minutes ago, Boiler said:

Referring to somebody who is not your wife as your wife makes no sense to me.

 

Or vice versa.

The context was getting married and leaving her to work at which point it would be me leaving my wife and nit my fiancee

[fip & jim 452]

7 minutes ago, StuBro74 said:

The context was getting married and leaving her to work at which point it would be me leaving my wife and nit my fiancee

How old are you guys? I feel so concerned about your predicament! This should be a joyful time with a baby on the way. You must be feeling so much pressure and stress. 

[StuBro74 6]

31 minutes ago, fip & jim said:

How old are you guys? I feel so concerned about your predicament! This should be a joyful time with a baby on the way. You must be feeling so much pressure and stress. 

44 and 33. I'm playing it down at the moment to keep the stress at bay. Baby due in August so pretty easy to freak out. She has a lot of support and will enjoy het mat leave. Not too mych I can do about the situation. Thanks for your thoughtfulness 

[fip & jim 452]

1 minute ago, StuBro74 said:

44 and 33. I'm playing it down at the moment to keep the stress at bay. Baby due in August so pretty easy to freak out. She has a lot of support and will enjoy het mat leave. Not too mych I can do about the situation. Thanks for your thoughtfulness 

Who is 44 and who is 33? 

 

Baby due in August, yeah you are entitled to freak out. That's what? Potentially 6 weeks away. How many days on the ESTA do you have left?