Advice or tips for k1 and k2

[Ibrahim3725 2]

I need a lil advice on the best way to go forward with including my 8 month old son on my k1 and k2 visa application. My fiance will be filing a k1 visa on my behalf soon, but I have a 8 month old son that was conceived about about 5 months before I met my fiance in person which was December of 2018 when she traveled to my home country of Sierra Leone. My son's mother and I are no longer together of course, and she was unable to properly take care of the child, so I moved the bby in with me and with the help of my family, I have been caring for him. My fiance traveled back to me in May of 2019, at that time she met the bby briefly. In October of 2019 to December of 2019, my fiance traveled to me for the 3rd time and the bby was with the both of us for most of that time.  My fiance has really fallen in love with the bby and we are hoping to be able to do k1 and k2 visa. The child's mother is aware that I plan on moving to the USA to be with my future wife, and I have told her that we plan on bringing the bby. She is fine with everything. So can anyone advise us on any special letters, signatures or anything that we might need to obtain during the process. I know we have to file additional k2, but thing else? Does anyone know if I might have to have paternity testing done. I have signed his birth certificate since day 1. I looked at the Sierra Leone USA embassy web site to see if there is any special requirements noted in a case like mine, but I cant find anything.

[Sparkle Sparkle 914]

Since you filling k1 for your fiancé, I assume you are a USC that makes your new born baby a USC but you will have to go through the US embassy in Sierra Leone to obtain necessary documents so he can travel to the USA. You can still file k1 for your fiance separately to come be with you in the USA hopefully it is approved and she can simply bring your baby along with on her k1 visa and the baby's US passport... Note you will prolly need to work with your ex to ensure smooth process... Goodluck 

[Sparkle Sparkle 914]

Just now, Sparkle Sparkle said:

Since you filling k1 for your fiancé, I assume you are a USC that makes your new born baby a USC but you will have to go through the US embassy in Sierra Leone to obtain necessary documents so he can travel to the USA. You can still file k1 for your fiance separately to come be with you in the USA hopefully it is approved and she can simply bring your baby along with on her k1 visa and the baby's US passport... Note you will prolly need to work with your ex to ensure smooth process... Goodluck 

Sorry I reread my your post again... I misunderstood... Your fiance should just file a k1 petition for you and include the babies name as your child... And yes if your baby can go with you to the states on K2 visa after your petition is approved and you successful at the embassy stage. 

[Quarknase 1,072]

1 hour ago, Ibrahim3725 said:

I need a lil advice on the best way to go forward with including my 8 month old son on my k1 and k2 visa application. My fiance will be filing a k1 visa on my behalf soon, but I have a 8 month old son that was conceived about about 5 months before I met my fiance in person which was December of 2018 when she traveled to my home country of Sierra Leone. My son's mother and I are no longer together of course, and she was unable to properly take care of the child, so I moved the bby in with me and with the help of my family, I have been caring for him. My fiance traveled back to me in May of 2019, at that time she met the bby briefly. In October of 2019 to December of 2019, my fiance traveled to me for the 3rd time and the bby was with the both of us for most of that time.  My fiance has really fallen in love with the bby and we are hoping to be able to do k1 and k2 visa. The child's mother is aware that I plan on moving to the USA to be with my future wife, and I have told her that we plan on bringing the bby. She is fine with everything. So can anyone advise us on any special letters, signatures or anything that we might need to obtain during the process. I know we have to file additional k2, but thing else? Does anyone know if I might have to have paternity testing done. I have signed his birth certificate since day 1. I looked at the Sierra Leone USA embassy web site to see if there is any special requirements noted in a case like mine, but I cant find anything.

I believe you need the mothers consent to take the baby out of the country. But I don't know if a letter of hers is ok, or if a certain form is required. If the embassy requires a DNA test to proof that you're the father, they will let you know.

[Boiler 45,535]

More for the benefit of other people responding, OP has an unusual case.

[JFH 12,190]

This started out as a complex matter and now there is a baby in the mix. 

 

OP, along with the other issues, I do expect you will be quizzed intensively over the timeline. Your baby with another woman was conceived 5 months before your now-fiancé flew to meet you. So how long did you know here before she bought the plane ticket to visit? That’s astonishingly quick - to go from making babies with one woman to flying in another woman in less than 5 months. 

 

The CO will immediately suspect the old shuffle here - have a baby with a local woman, “break up”, meet an American, get a K-1, come to the US, divorce, marry child’s mother and petition her. This happens all the time. Be prepared for intense scrutiny. 

[Boiler 45,535]

2 posts, 2 issues, wonder of there is anything else?

[Going through 5,671]

In your other thread you stated you had a "marriage ceremony" in your home country in May 2019. 

 

CR-1 seems the more viable option, of course other issues as mentioned above will still result in scrutiny.

[Georgia16 2,858]

You have to go with a CR-1/CR-2 visa. No way a K-1/K-2 would work here. You already had a ceremony.

 

For the child I would recommend you to get full custody from the government so you have it on paper because that will make it easier when you get to the US and I would also recommend that you get a written statement from the mom that she is ok with you immigrating to the US with the baby and have that notarised. 

[Ibrahim3725 2]

On 1/1/2020 at 10:51 AM, Georgia16 said:

You have to go with a CR-1/CR-2 visa. No way a K-1/K-2 would work here. You already had a ceremony.

 

For the child I would recommend you to get full custody from the government so you have it on paper because that will make it easier when you get to the US and I would also recommend that you get a written statement from the mom that she is ok with you immigrating to the US with the baby and have that notarised. 

I have spoken with lawyer and because the marriage is not valid under Sierra Leone law, we will have to do k1. Same sex marriage is not valid in Seirra Leone so there is no way that we could do a legal marriage there. We plan on getting written statements from the child's mother and getting it notarized at the embassy. 

[Ibrahim3725 2]

On 1/1/2020 at 4:33 AM, Sparkle Sparkle said:

Sorry I reread my your post again... I misunderstood... Your fiance should just file a k1 petition for you and include the babies name as your child... And yes if your baby can go with you to the states on K2 visa after your petition is approved and you successful at the embassy stage. 

OkThanks 

[Ibrahim3725 2]

On 1/1/2020 at 5:19 AM, Quarknase said:

I believe you need the mothers consent to take the baby out of the country. But I don't know if a letter of hers is ok, or if a certain form is required. If the embassy requires a DNA test to proof that you're the father, they will let you know.

Ok I was thinking that I could have the child's mother to come with me to embassy and sign a letter at the embassy giving her permission to allow the child to go. I guess it would be a notorized letter at that moment!

[Ibrahim3725 2]

On 1/1/2020 at 8:40 AM, Boiler said:

More for the benefit of other people responding, OP has an unusual case.

Of course it unusual which it's why I'm here asking for advice. Maybe someone with similar cases can chime in. 

[Ibrahim3725 2]

On 1/1/2020 at 9:58 AM, Boiler said:

2 posts, 2 issues, wonder of there is anything else?

Maybe. Most people or relationships are not perfect. We are not a perfect people, and that doesn't make us bad. If you have any helpful advice or suggestions I appreciate ur input!!

[Ibrahim3725 2]

On 1/1/2020 at 10:05 AM, Going through said:

In your other thread you stated you had a "marriage ceremony" in your home country in May 2019. 

 

CR-1 seems the more viable option, of course other issues as mentioned above will still result in scrutiny.

Of course it will be scrutinized but it's the situation that we are dealing with. I have been advised by lawyer that the marriage ceremony would not even be considered because it would be considered a same sex marriage which is not recognized in Sierra Leone, so k1 is the route we need to take. She has visited me 3 times now. This last time she stayed 2 months. She has of course met my family members many times. We have taken many photos and receipts from hotels, restaurants, grocery stores. Passport stamps in and out. I guess this will be what they are looking for to prove k1, but we will also be applying for k2 and we want to gather everything that we need for that as well. So any suggestions going forward with k2 will be appreciated as well as suggestions with k1 also. Thanx.