K1 visa applicant and her child

[AshleySuarez2016 0]

I have a friend in the Dominican Republic. Her fiancé is here in the U.S. He filed a K1fiance visa for my friend, who has a daughter with him. Now there was no K2 application filled out for the daughter. He is telling my friend that he spoke to a lawyer and that the daughter can come with only a passport and a plane ticket. To me this doesn't sound like he is receiving the right information. Does the little girl need to be on the application for her to come with her mom? Everything this guy is telling my friend seems way off as well. Supposedly the application was done in the beginning of 2016, but the interview is going to be in October or November, he claims. He also tells my friend that there is no case number or anything she can go by to get info off of her application. Please any advise would be helpful.

[dawning 212]

If her fiance is a US citizen and meets some other requirements (certain amount of residency in the US) his daughter can be registered as a USC at the embassy and could travel with a US passport to the US.  Google CRBA (Consular report of Birth Abroad).  If that hasn't been done then it might be hard for her to travel. 

If he's not a USC he cannot petition for a fiance to immigrate to the US.

 

It's true that the other things he is saying seem odd, both the timeline and the idea that a case that far along would not have a case number, or multiple case numbers.  Does she trust him generally?  Does she think he knows what he's talking about?  

It IS a confusing process, if he has good intentions but genuinely doesn't understand the process perhaps he should join her and read up on it.

Edited August 13, 2018 by dawning
Meant to say "join here"

[AshleySuarez2016 0]

Ok he was mentioning something about USC, but I thought he was talking about USCIS. So maybe he does have that part straightened out already. 

 

As for the time frame of this application process, I don't know if he lied about when he put the application through or what. But according to him the application has been approved in May. I haven't spoken to the guy personally so this is the info he gives her and she told me. 

[debbiedoo 2,339]

timeline and the fact he says theres not a case number seem sketchy to me. you get a case # (WAC #) when you get your NOA1 right after your petition is accepted. 

 

Did she send him her documents for the application when he filed it? (birth certificate, passport, divorce cert if applicable, intent to marry, etc)?

 

how many times has she seen him and for how long?

 

[AshleySuarez2016 0]

10 hours ago, debbiedoo said:

timeline and the fact he says theres not a case number seem sketchy to me. you get a case # (WAC #) when you get your NOA1 right after your petition is accepted. 

 

Did she send him her documents for the application when he filed it? (birth certificate, passport, divorce cert if applicable, intent to marry, etc)?

 

how many times has she seen him and for how long?

 

I'm not really sure of anything, I haven't spoken to her much about it. But, I will ask. I know the guy recently went to visit her, and gave her a copy of his tax return from 2016, not 2017. He told her that she needs to bring it to the interview. But, she doesn't have a date for the interview, only that its either in October or November. I know the K1 visa can't be much different than the visa I requested for my husband. I'm sure they give you an exact date, and it shouldn't be that far ahead. I don't know. I'm comparing her situation to mine, although its a different visa, it shouldn't be too much difference for the process, right?

[debbiedoo 2,339]

2 minutes ago, AshleySuarez2016 said:

I'm not really sure of anything, I haven't spoken to her much about it. But, I will ask. I know the guy recently went to visit her, and gave her a copy of his tax return from 2016, not 2017. He told her that she needs to bring it to the interview. But, she doesn't have a date for the interview, only that its either in October or November. I know the K1 visa can't be much different than the visa I requested for my husband. I'm sure they give you an exact date, and it shouldn't be that far ahead. I don't know. I'm comparing her situation to mine, although its a different visa, it shouldn't be too much difference for the process, right?

shes going to need a LOT more than a 2 year old tax return, and while the processes are different, not THAT different, I can't imagine. 

 

based on what youve told us, assuming its correct, something seems really not right to me. 

Edited August 13, 2018 by debbiedoo

[dawning 212]

It seems like she should also know if her daughter has been registered as a US citizen or if she has a US Passport.  If she is going to travel with her daughter and the father won't be with them, she would have to have possession of the passport.

It does seem strange.

[De&E 15]

The Dominican Republic also requires a form to be filed allowing the minor to leave the country with only one parent,  even if the child is travelling on a US passport. If he is not going to attend the interview, and accompany them to the US, then he will need to go to the nearest Dominican Consulate and fill out the form, and then send the original to your friend. 

[Catherine36 6]

Bueno mi'ja, it does raise red flags based on the limited info you mention/possess.  I suggest you have an in depth conversation with your friend to gather all details and the vets of the group can further clarify the process. 

 

Every response by above posters is accurate. Risking being rude, I'm gonna say it (based on a Q above about trust and 2 responses from you), if she has concerns and discussing it with you is because he may be lying: 1+ year of filing and no case #, approval notice, but your friend has not been a participant in this process...didnt she complete her portion: vacunas, medical exam, DS 160, scheduling appt??? Even if he completed all paperwork for her, she needs copies/original of everything in preparation for what's to come and not limited to one tax return. It is my understanding that upon approval (NOA2), beneficiaries get a package. The daughter [his or not] would have been listed in the I-129 application. Again, this is based on the limited info you're posting. Perhaps, she gave you an abridge version.