Is a K1 the best option?

[Darren&Laura 3]

Myself and my partner Laura had been planning on taking the K1 visa route but for an unexpected twist - It appears Laura may be pregnant with my child, (I recently returned to the UK after visiting her and she is late for her period. She hasn't done a test yet, but I'm wanting to plan around the possibility in advance).

We weren't planning on applying for the K1 until after the summer, (basically so I could visit her in the USA a further time while allowed before the application was submitted), so as things stand we have not taken any steps with the application.

Can I fly to the USA and apply for permanent residency once there? Is there any way I can stay with Laura for the term of her pregnancy and beyond? Should Laura be pregnant it is of paramount importance for me to ensure I am with her every step of the way.

[Dan J 277]

You can only apply for permenent residency on a K-1 or K-3 visa. Entering on VWP and then getting married and filing for AOS would be fruad.

[GrenadianCrix 2]

Darren,

Best wishes on your potential situation!

Albeit a little early to make definate plans, it doesn't hurt to look around.

Regarding entering the US on a VWP, you can continue to do that as you have as log as you are planning on returning after each visit.

If you were to get married while on your VWP you would have to prove that you did not come here intending on getting married, as that would be the fraudulent part. If you file the I-129F and the come and get married, it would be very difficult if not impossible to prove that you weren't intending on getting married when it is time to Adjust Status (apply for green card). This may also be difficult knowing that your fiance is/may be pregnant.

the visa process still seems like the best option for you. You could potentially visit while filing the I-129F if you can show sufficient ties to your home country until you are planning to come on your K-1. The people in the regional forums may be able to better guide you on those requirements. I am not aware of any circumstance where a normal pregnancy sped up a visa at all.

Look at the timelines for the California/Nebraska USCIS centers and for the UK embassy, this will give you a better idea of how long the process will take.

An option that some people chose is to have the USC live overseas and wait with the foreign fiance while the visa processes. (That is what I'm doing)

I hope it all works out for you two.

Sue

[msu17 0]

Congrats on the possible pregnancy. I am also filing through Nebraska and my SO is from the uk. 1st off, you can visit while the visa is being processed. My SO visited once and brought lots of evidence he was going home. However he wasn't even asked for it, but definitly bring it if you do come visit.

If I were you, I'd file K1 since it is usually faster than a spousal visa. Right now, we are looking at around 6 months from filing until he gets his interview. So in your situation I'd file immediately and not wait since they wont speed your processing up due to pregnancy. Assuming nothing slows down majorly and you file everything promptly, you should be together by the time the baby comes. If one of you can take lots of time off work, you could stay with each other for either 3 months in the US or 6 in the UK. I totally understand wanting to be with her, I know my SO would do everything possible to be here However as already mentioned, entering and getting married and filing for AOS without a K3 or K1 is a BAD idea. You can't enter with the intent to marry and stay without one of those visa's. Good luck on the possible baby and the visa!!!

[no name 1]

Have a look here:

http://www.visajourney.com/forums/index.ph...mp;page=compare

Please look at the timelines here for an idea of K1 vs. K3 visas for the UK.

[ladykelia 0]

I would go for the K1 in your case, though unfortunately theres really no way to be with her for the entire term of her pregnancy. As someone said, you should apply now because you will still be able to visit her in the US as long as you can prove ties to the UK, and you would hopefully get the visa before she has the baby. By the way, congratulations if she is pregnant!

[Killer_Clown_2009 0]

My period was late, but I wasn't pregnant. I know that this doesn't relate to the question, but I thought I'd share.

[gcox457 0]

One thing to consider is that it is possible for your fiancee to file the I-129F while you are in the U.S. That would buy you 90 days in the U.S. as an "overlap" to the process if she mailed it the day you arrived...a good chunk of the waiting for the K-1 could be done with the 2 of you together and it would all be perfectly legal. Once your 90 days was up, return to the U.K. and await the interview. Using a B-2 tourist visa would buy you 6 months together...probably nearly all of the processing time for the K-1. If the K-1 is taking longer for some reason, you *might* even be able to get an extension on a B-2 (not guaranteed of course). All of the above is, of course, subject to the various rules which regulate the number of days in a given year you can be in the U.S....since you said you just returned to the U.K. you might be running up against that limit if you went the B-2 route.

With her pregnant with your child, I wouldn't think it would be terribly difficult to prove a legitimate relationship

Just some food for thought...you should run any scenario you contemplate by a competent immigration attorney before setting off on a given course of action.

[gag54611 1]

I seem to recall reading here on VJ quite a while ago that, if you have a K-1 in process, you will not be able to get a B-2.

Also, if you use the VWP too many times in a short timespan, there is a good possibility that you will get denied entry at some point or the other because the border patrol officer will think that you are trying to "live" here by abusing the VWP privilege.

My recommendation would be that you file for the K-1 immediately. The UK is generally quicker than most consulates. To minimize your processing time, you should carefully read all of the K-1 Guide sections here on VJ and prepare all needed documents and forms well in advance. You don't need to wait for the so-called Packet 3 to arrive from London. You can download the forms in advance, fill them out, and gather the support documents. Then, when packet 3 does arrive, you can reply immediately.

Make sure you have a decent gap between VWP visits, and as others have recommended, make sure you have solid proof of ties to the UK with you. Once the I-129F gets submitted, you're in the system and the border patrol officer can see your application. You'll have to convince him/her that you are returning.

Best of luck,

G

[Yodrak 7]

Darren&Laura,

Lack of (family) planning on your part does not create an emergency on the USCIS' part. The INA is what it is. If this issue that you say is of "paramount importance" was really so important you might have behaved a bit differently? But you didn't, and although your situation has changed the law has not.

As others have written, you can visit the USA but you cannot take up residence until you have an appropriate visa. Visit as often and for as long as you wish, but recognize that if you start spending as much or more time in the USA than you do in your home country the visits are likely to be halted.

Yodrak

.....

Can I fly to the USA and apply for permanent residency once there? Is there any way I can stay with Laura for the term of her pregnancy and beyond? Should Laura be pregnant it is of paramount importance for me to ensure I am with her every step of the way.

Edited May 29, 2007 by Yodrak

[no name 1]

Lack of (family) planning on your part does not create an emergency on the USCIS' part. The INA is what it is. If this issue that you say is of "paramount importance" was really so important you might have behaved a bit differently?

[TimsDaisy 0]

You can visit during the processing of the K1 or K3 visas.

Some Ports-of-entry are going to be more #######-ish than others.

You can use the VWP, correct? You could also attempt to obtain a B-2 which would allow you to stay, most likely, 6 months, instead of just the 90 days you get on the VWP. You should also research the chances of extending your stay while you are here (there is a form and a process for extending a legal stay in the country while you are here - check out the USCIS website for more info).

To get the B-2, you'd need to show ample ties to your home country. It is going to be slightly thorny since, what you'd really be saying is, "look, we're doing the whole legal process so I can stay under the correct authority, but for now, while that is pending, I want to be able to be legally here in the US while my fiance/wife is pregnant. I wll go home when I need to. I can support myself. I still have ties to the UK."

You can see how someone with a rubber stamp in his hand in London just won't care to hear it. They already get a bit weirded out when someone with VWP privileges tries to get a holiday visa they don't "need" (according to the embassy people anyway).

The alternative is to come to visit now, and file the I-129F as soon as you get here. That's totally fine. Make sure you follow all laws, etc, regarding when you must depart, etc. Again, you may be able to extend your stay legally and even buy time while that extention is being considered. I don't know the rules there - go to www.uscis.gov and explore some more.

Unfortunately, though the goverment is all "wohooo proof of relationship" they dont' actually seem to care to do anything to foster relationships, or this process wouldn't take so long. And they might speed stuff up for expecting couples. But they don't. Or you can imagine the baby boom - and then everything would be just as slow anyway.

And there are, as ever, couples here who can use their own stories to illustrate that you can enter, marry, and adjust status. But there are a lot of risks and that sort of action shouldn't be undertaken lightly - nor should you consider such a route suggested by any VJ member.

[Darren&Laura 3]

Thanks again everyone for such informed responses, I really appreciate you taking the time to respond to me with constructive options and we will both use the advice above in planning our future together.

Laura has done two pregnancy tests today - both came back positive - we are having a baby! After knowing and loving Laura these past 12 years I can honestly say that I've thought of her as the future mother of my children ever since we first got together. Now it's finally going to become a reality I'm utterly overjoyed.

Thanks again to everyone who posted with useful information about how we can minimise any time apart.

[msu17 0]

Oh congrats!!!!! That is SO exciting! I hope you can get through all this ASAP. Oh, just FYI, prices for the K1 are going up soon, so you may want to keep that in mind.

[RosemarieL 0]

Congratulations and I hope it all goes smoothly for you both.