Need Urgent Advice on brining daughter and Fiance

[xzsca10 33]

39 minutes ago, Boiler said:

I have come across a German who obtained asylum but it would be pretty unusual, was her claim found to be frivolous?

It was found credible but it was rejected 

[Boiler 45,516]

Well ot sort of sounds like she needs an I 601 and probably an I 212, dates obviously matter and it will be the Interviewing Officer for the K1 or CR1 to determine.

 

So you mention you have consulted numerous Lawyers, did they have full details of her case and what did they say the expect you need in the way of waivers.

[geowrian 22,337]

I-212 would be if she was deported. She did voluntary departure, which is not a deportation.

I-601A only applies if you are physically within the US. I also didn't think it applied to K-1 cases (only immigrant visas).

 

Sounds like she will need an I-601 for at least unlawful presence.

She will go through the normal process and interview for the visa. Once she is otherwise eligible, she will be refused the visa due to the unlawful presence and presented with the option for a waiver. That's when the I-601 can be filed.

IMO, a spousal visa is a much better idea than a K-1 here. The difference in timelines tends to be months, and you are looking at likely well over a year already due to the need for the waiver.

[JFH 12,190]

5 hours ago, Ceofromthevalley said:

 

Yes she is my biological daughter, thank you. I will definitely pursue that. Will it help my fiancé have a better chance of coming to USA if I do that? 

It won’t help your fiancé one bit but it will help your wallet as it will be one less visa to pay for. How long have you lived in the US? 

[Just Paul 4,595]

You can go the K1 route and the CO would determine in a 601 waiver is needed.  A spousal visa is a safer bet in that if it denied you can appeal it.  The downside is the time.  Also keep in mind that from COVID we learned that the K1 visas are not mission critical at the consulates whereas the spousal is.

 

Do A CRBA for your child - The child is not eligible for a visa since you are a US Citizen.

 

You got very bad - but typical advice. Sounds like the law firm doesn't handle enough of these cases to know the difference.  If you want to use an attorney make sure that they handle predominantly family immigration and are familiar with the particulars surrounding the case.

[Timona 4,207]

Was she born a German or did she aquire German citizenship through other means, other than birth? Asking for clarification before I put my 2 cents. 

[databit 328]

Go to Germany, marry, get a DNA test for the child while you're there, come back to US, get a good attorney to handle the rest

[Orangesapples 1,954]

8 minutes ago, databit said:

Go to Germany, marry, get a DNA test for the child while you're there, come back to US, get a good attorney to handle the rest

A DNA test is not needed unless the embassy requires it. And if the embassy for some reason does require it (I kind of doubt it for Germany but who knows) they will only accept a DNA they have administered. So OP doesn't need to do any DNA tests on his own. 

[Just Paul 4,595]

You do not need to be present to file the CRBA.  The mother can do it via the US Citizens Service Desk.  The instructions are on the consulate's website. Plus most consulates will process it.  They will determine if DNA is needed.   If you supply proof that the two of you were together, like visa stamps, hotel receipts or boarding passes, you should be fine.

[xzsca10 33]

7 hours ago, JFH said:

It won’t help your fiancé one bit but it will help your wallet as it will be one less visa to pay for. How long have you lived in the US? 

I’ve lived in the US my whole life almost. I came here when I was 5 months old. I’m a US citizen 

[xzsca10 33]

11 hours ago, Boiler said:

Well ot sort of sounds like she needs an I 601 and probably an I 212, dates obviously matter and it will be the Interviewing Officer for the K1 or CR1 to determine.

 

So you mention you have consulted numerous Lawyers, did they have full details of her case and what did they say the expect you need in the way of waivers.

No not yet — we are filing the FOIA with the lawyers, then we will proceed with everything else. The firm is persistent on proceeding without getting the FOIA which is kind of odd to me

[xzsca10 33]

9 hours ago, geowrian said:

I-212 would be if she was deported. She did voluntary departure, which is not a deportation.

I-601A only applies if you are physically within the US. I also didn't think it applied to K-1 cases (only immigrant visas).

 

Sounds like she will need an I-601 for at least unlawful presence.

She will go through the normal process and interview for the visa. Once she is otherwise eligible, she will be refused the visa due to the unlawful presence and presented with the option for a waiver. That's when the I-601 can be filed.

IMO, a spousal visa is a much better idea than a K-1 here. The difference in timelines tends to be months, and you are looking at likely well over a year already due to the need for the waiver.

Thank you very much. So you’re saying that getting rejected for unlawful presence is part of the process? Then we would appeal. Doesn’t an appeal take a year? 
 

for a spousal visa I assume I’ll have to be married to her which I am yet not. Trying to jump through hoops to get into Germany so that I can do that and spend time with my family. 

[xzsca10 33]

6 hours ago, Paul & Mary said:

You can go the K1 route and the CO would determine in a 601 waiver is needed.  A spousal visa is a safer bet in that if it denied you can appeal it.  The downside is the time.  Also keep in mind that from COVID we learned that the K1 visas are not mission critical at the consulates whereas the spousal is.

 

Do A CRBA for your child - The child is not eligible for a visa since you are a US Citizen.

 

You got very bad - but typical advice. Sounds like the law firm doesn't handle enough of these cases to know the difference.  If you want to use an attorney make sure that they handle predominantly family immigration and are familiar with the particulars surrounding the case.

Thank you very much. Extremely helpful. Trying to find the best attorney for this job is very tough. I think we may Opt for the Spousal Visa — only issue is that we are not married. So I will have to fly to Germany somehow to get that done 

[xzsca10 33]

5 hours ago, Timona said:

Was she born a German or did she aquire German citizenship through other means, other than birth? Asking for clarification before I put my 2 cents. 

she was born in Germany.🙏🏼 

[Timona 4,207]

36 minutes ago, Ceofromthevalley said:

she was born in Germany.🙏🏼 

Ooooo was asking because I was trying to understand why a German would seek asylum.