Advice or tips for k1 and k2

[Going through 5,671]

5 hours ago, Ibrahim3725 said:

What's quick about the time line

To sum up from what you've said thus far:

 

You began contact with your now fiancee August 2017

You began contact with your baby's mother December 2017

Baby was conceived July 2018

You said you ended physical contact with the baby's mother July 2018 (same month of conception)

You met your fiancee for the first time in person December 2018 

You and your fiancee later had a "marriage ceremony"  in your home country May 2019

Baby was born August 2019

 

Obviously the two relationship periods overlapped at some point---more obviously, a baby was conceived with the other woman while you were in a relationship  with your soon to be spouse (irregardless of however "serious" you said you were at the time)---this is what will give you problems proving to the CO you have a valid relationship with your fiancee.   And yes, it's a quick time line to go from conceiving a baby with woman #1 to afterwards flying woman #2 in to meet you in person.   And then a marriage ceremony with woman #2 a few months before baby with woman #1 is born.   And then plans to immigrate the baby along with yourself---which woman #1 (and woman #2) apparently has no issues with whatsoever.

 

This is what will stand out to the CO.  And yes, it will look like the relationship with the USC woman is merely a foot-hold tactic on your part, to open the door for you later on to petition for woman #1.

 

Are you sure you don't want to try for a CR-1 instead?  Seems a lot of time, stress and money wasted on the K1.  The issues remain with the CR-1, but at least you have the option of reaffirming the petition (instead of a flat-out denial that goes nowhere with the K1), and the opportunity to put together stronger evidence of being a bonafide couple as the marriage progresses.

 

 

 

[SmallTownPA 72]

Baby was conceived July 2018

Baby was born August 2019

 

I'm gonna say your baby dates are wrong.  13 month gestation period?  

 

Having a baby out of the relationship is not going to raise a red flag.  If the baby is yours, and OP is a USC the baby is a USC.   You can enjoy that can of worms with a lawyer.  

 

Unless you are on the birth certificate, how can you prove parental rights??  If you're not on the birth cert, then baby momma and fiance will BOTH have to attend the interview.  I'm sure the CO won't mind that at all lol.

 

Safe bet?  Marry #2, get custody of baby and have documents drawn up getting custody.  

 

 

 

 

 

[Ibrahim3725 2]

4 minutes ago, SmallTownPA said:

Baby was conceived July 2018

Baby was born August 2019

 

I'm gonna say your baby dates are wrong.  13 month gestation period?  

 

Having a baby out of the relationship is not going to raise a red flag.  If the baby is yours, and OP is a USC the baby is a USC.   You can enjoy that can of worms with a lawyer.  

 

Unless you are on the birth certificate, how can you prove parental rights??  If you're not on the birth cert, then baby momma and fiance will BOTH have to attend the interview.  I'm sure the CO won't mind that at all lol.

 

Safe bet?  Marry #2, get custody of baby and have documents drawn up getting custody.  

 

 

 

 

 

Bby was born April 2019. Guess I miss typed, but yes I am on the birth certificate. I have been taking care of the bby with help from my family and my fiance. My fiance loves the bby like he is her own bby, and the bby mother has no means of caring for the bby and she agrees to allow us to take the bby and care for him in the USA. My fiance and bby mother both will come to interview if necessary.

Edited January 5, 2020 by Ibrahim3725

[NikLR 13,227]

Baby... baby has an a. 

Son or daughter or child works too.. 

[Ibrahim3725 2]

7 minutes ago, NikLR said:

Baby... baby has an a. 

Son or daughter or child works 

But do u have any advice to give other then ur comment on what is obviously an abbreviated word!!! 

Edited January 5, 2020 by Ibrahim3725

[Going through 5,671]

Is your fiancee a member of VJ as well?  Would be beneficial to you both to get her to sign up and join this thread as much of the process depends on her knowledge of what is needed to advance with either the K1 or CR-1.  

 

As she is the petitioner, there is a great wealth of other info that would be shared with her that members would not be advising you about since you are the beneficiary.

[SmallTownPA 72]

11 hours ago, Ibrahim3725 said:

Bby was born April 2019. Guess I miss typed, but yes I am on the birth certificate. I have been taking care of the bby with help from my family and my fiance. My fiance loves the bby like he is her own bby, and the bby mother has no means of caring for the bby and she agrees to allow us to take the bby and care for him in the USA. My fiance and bby mother both will come to interview if necessary.

'she agrees' is meaningless.  You need to get it in writing.  

 

Since the child is a USC by birth, you don't need to put them on the I-129F.  They simply don't need a visa to travel as long as you get them a US passport and had properly registered their birth at the Consulate.  You may also want to look into renouncing any citizenship granted by Sierra Leone (if that's where the baby is).   

 

An out of wedlock child should not have much bearing on your K1 visa.  If you do plan to take the kid to the US and support it, you need to reflect this on your affidavit of support.  Will you still be above the income level?  Will you need to arrange a co-sponsor?  

 

If you are sure you can get a US passport for the kid, and you are sure you can get 100% custody of the kid, I would not put it on the I-129F and I would not have the baby momma go to the interview.  She is your past, and if the baby is a USC the there is no need to get a visa.  There is no reason to bring it up other than on the affidavit of support.   You are not hiding anything, that relationship is over.  

Edited January 5, 2020 by SmallTownPA

[Going through 5,671]

 

27 minutes ago, SmallTownPA said:

Since the child is a USC by birth, you don't need to put them on the I-129F.  They simply don't need a visa to travel as long as you get them a US passport and had properly registered their birth at the Consulate. 

The child is not a USC by birth.  The biological mother is a local woman from his home country, and the father (the OP) is the intended beneficiary for a K1.

[SmallTownPA 72]

1 minute ago, Going through said:

 

The child is not a USC by birth.  The biological mother is a local woman from his home country, and the father (the OP) is the intended beneficiary for a K1.

 

"son on my k1 and k2 visa application"

 

I hate when they don't clearly state what side of the petition they are on.

 

 

[NikLR 13,227]

11 hours ago, Ibrahim3725 said:

But do u have any advice to give other then ur comment on what is obviously an abbreviated word!!! 

Your K1 is going to have issues. To support your child you should probably do a CR1.  Does the child reside with you or the biological mother at this moment?

 

Can write out abbreviated  but doesn't spell out you our your.  You are how old?

 

Edited January 5, 2020 by NikLR

[Going through 5,671]

2 minutes ago, SmallTownPA said:

"son on my k1 and k2 visa application"

 

I hate when they don't clearly state what side of the petition they are on.

To be fair, In the original post, the OP stated the below:

 

On 1/1/2020 at 3:36 AM, Ibrahim3725 said:

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.

 

[Going through 5,671]

6 minutes ago, NikLR said:

Does the child reside with you or the biological mother at this moment?

OP said in original post he moved the child in with him, and his family is helping care for the baby---since the mother "is unable to properly care for the child."

 

I assume the OP is adamant about doing the K1 because he believes it's faster...unfortunately the K1 being denied is going to set back the time so much more, when that could have been spent doing a CR-1 initially.

[NikLR 13,227]

1 minute ago, Going through said:

OP said in original post he moved the child in with him, and his family is helping care for the baby---since the mother "is unable to properly care for the child."

 

I assume the OP is adamant about doing the K1 because he believes it's faster...unfortunately the K1 being denied is going to set back the time so much more, when that could have been spent doing a CR-1 initially.

Whatever he wants then.  Apparently his mind is made up and it'll magically work.  Despite a marriage ceremony already too. 

Why there was even an issue regarding that when his fiancee (wife?) has a US passport that said female is beyond me.  Submitting a birth certificate for a USC isnt required and just the passport was needed.  She's female now. The person in the other thread who suggested misrepresentation was wrong. 

[NikLR 13,227]

Can a biological mother give up their parental rights in Sierra Leone? 

[geowrian 22,337]

5 hours ago, SmallTownPA said:

Since the child is a USC by birth, you don't need to put them on the I-129F.  They simply don't need a visa to travel as long as you get them a US passport and had properly registered their birth at the Consulate.

All biological children must be listed, even if they will not be pursuing a visa.