Our K1 was approved, but now need I-130 / CR-1 because we got married in her country

[speedrunner 2]

I'm a US citizen and the husband. Back in March 2020 we submitted our K1 application, and the USCIS approved it in October, and sent it to the US Embassay to handle the interview and processing.

 

While we were waiting, we decided to get marriage her in country with her family and friends.

 

Today the embassy emailed me saying that because we were married after K1, that my wife is no longer eligible for the K1 visa, even through we waited 9 months and it was approved. We should now start all over again with I-130 / CR-1 process. Embassy asked for a copy of the marriage certificate so they can administratively close the case. Apparently back to square one.

 

Few questions:

 

1. Are there any options to save this K1 visa so we don't have to restart?
2. If I'm currently living abroad, is the DCF an option?
3. I'm filling out this new I-130, and it asks if my beneficary has been sponsored previously ...
   1. Should I answer yes? Because I sponsored her with my original I129F application, which was approved by UCIS, and closed by embassy
   2. What do I list as the status of this case? "Approved, but waiting on visa?"

Thanks guys

[SalishSea 18,296]

6 minutes ago, speedrunner said:

I'm a US citizen and the husband. Back in March 2020 we submitted our K1 application, and the USCIS approved it in October, and sent it to the US Embassay to handle the interview and processing.

 

While we were waiting, we decided to get marriage her in country with her family and friends.

 

Today the embassy emailed me saying that because we were married after K1, that my wife is no longer eligible for the K1 visa, even through we waited 9 months and it was approved. We should now start all over again with I-130 / CR-1 process. Embassy asked for a copy of the marriage certificate so they can administratively close the case. Apparently back to square one.

 

Few questions:

 

1. Are there any options to save this K1 visa so we don't have to restart?
2. If I'm currently living abroad, is the DCF an option?
3. I'm filling out this new I-130, and it asks if my beneficary has been sponsored previously ...
   1. Should I answer yes? Because I sponsored her with my original I129F application, which was approved by UCIS, and closed by embassy
   2. What do I list as the status of this case? "Approved, but waiting on visa?"

Thanks guys

When you got married, you became ineligible for the K-1, hence why you must now start over.

 

There is no DCF any longer.  In some cases, it a consulate will take on a DCF case, but it would be more on an emergency basis, which is not your case.

[aaron2020 11,651]

It's unfortunate that you waited around for 9 months.  The rule for the K-1 is that the person must be single and the marriage must happen in the US after the person enters on the K-1.  The responsibility is on you to know the rules.  

1.  No way to get a K-1 fiancee visa.  Marriage disqualifies her for the K-1 visa.  You need to start from the beginning with an I-130 for the spousal visa. 

 

2.  Unlikely.  You can ask for DCF if you qualify for an exceptional circumstance.  https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

3.  1.  You answer yes because you previously filed an I-129f petition for her.  2.  WIthdrawn due to marriage.  She is not "approved, but waiting for a visa."  

Edited February 18, 2021 by aaron2020

[speedrunner 2]

Thanks. Another question:

 

She's currently pregnant, and we assume till give birth in August.

 

How do we file the I-130, because I understand I need an I-130 per family member. As of right now, it's only her. 

 

I assume the following will happen:

 

February 2021: file I-130 for her

August 2021: she gives birth

November 2021: NOA2

...

 

My question is how do I handle our child being born after NOA2 and before her embassy interview?

 

Would we just simply modify the I-130 during the interview or do a CRBA for our baby and it can go with us like that?

 

Thanks

[Crazy Cat 42,798]

14 minutes ago, speedrunner said:

I'm a US citizen and the husband. Back in March 2020 we submitted our K1 application, and the USCIS approved it in October, and sent it to the US Embassay to handle the interview and processing.

 

While we were waiting, we decided to get marriage her in country with her family and friends.

 

Today the embassy emailed me saying that because we were married after K1, that my wife is no longer eligible for the K1 visa, even through we waited 9 months and it was approved. We should now start all over again with I-130 / CR-1 process. Embassy asked for a copy of the marriage certificate so they can administratively close the case. Apparently back to square one.

 

Few questions:

 

1. Are there any options to save this K1 visa so we don't have to restart?
2. If I'm currently living abroad, is the DCF an option?
3. I'm filling out this new I-130, and it asks if my beneficary has been sponsored previously ...
   1. Should I answer yes? Because I sponsored her with my original I129F application, which was approved by UCIS, and closed by embassy
   2. What do I list as the status of this case? "Approved, but waiting on visa?"

Thanks guys

1.  No.  Once you married, the K-1 void.

2.  Not unless you have extraordinary circumstances....

3.  1.  The answer is "yes"

      2.  Invalidated due to marriage.

[SalishSea 18,296]

3 minutes ago, speedrunner said:

November 2021: NOA2

NOA2 is simply a receipt notice.

 

You have no way of knowing whether that notice will be sent in November.

 

If you qualify to pass along citizenship to the baby, you can.  Google CRBA.

[speedrunner 2]

3 minutes ago, Jorgedig said:

NOA2 is simply a receipt notice.

 

You have no way of knowing whether that notice will be sent in November.

 

If you qualify to pass along citizenship to the baby, you can.  Google CRBA.

I'm a US citizen by birth and family. I qualify.

 

My assumption is that my wife will give birth after her I-130 approval, and we will have the embassy interview after her birth as well. My question is how do I make sure our baby can go with us back to the US? Is CRBA the simple answer here, or do I need to modify the I-130 again after child is born?

[SalishSea 18,296]

Just now, speedrunner said:

I'm a US citizen by birth and family. I qualify.

 

My assumption is that my wife will give birth after her I-130 approval, and we will have the embassy interview after her birth as well. My question is how do I make sure our baby can go with us back to the US? Is CRBA the simple answer here, or do I need to modify the I-130 again after child is born?

The baby will be a USC, which you will document at the consulate via the CRBA process.

 

USCs do not need visas to travel to the US, nor are they eligible for visas.

[Boiler 46,464]

The child will travel on its US passport.

 

Sounds like double congrats.

[Illiria 980]

30 minutes ago, speedrunner said:

I'm a US citizen by birth and family. I qualify.

So is my husband but he wouldn’t have been able to pass on to any children born outside of the US before I got my visa as he hadn’t lived in the US long enough before then at the appropriate ages. It isn’t just a matter of having been born in the US or having US parents. 

Edited February 18, 2021 by Illiria

[speedrunner 2]

37 minutes ago, Jorgedig said:

The baby will be a USC, which you will document at the consulate via the CRBA process.

 

USCs do not need visas to travel to the US, nor are they eligible for visas.

I was born in USA and lived there for 40 years, but I have lived one year abroad. As far as I know, I qualify. I also plan to live abroad while waiting for our I-130 to be approved.

 

What's super confusing to me is the physical residence requirements for CRBA process:

Child Born Abroad in Wedlock to a U.S. Citizen and an Alien 

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

 

What in the world does this mean? Does it mean that *I* need to have lived in the USA for at least 5 years before my child was born?

 

What I'm really concerned with is am I able to live abroad with my wife in her country while we wait for her I-130 and also our child be eligible for the CRBA through me? Like I said, I've lived in America since 1980 through 2019, but these past two years I have lived abroad.

 

[SalishSea 18,296]

3 minutes ago, speedrunner said:

I was born in USA and lived there for 40 years, but I have lived one year abroad. As far as I know, I qualify. I also plan to live abroad while waiting for our I-130 to be approved.

 

What's super confusing to me is the physical residence requirements for CRBA process:

Child Born Abroad in Wedlock to a U.S. Citizen and an Alien 

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

 

What in the world does this mean? Does it mean that *I* need to have lived in the USA for at least 5 years before my child was born?

 

What I'm really concerned with is am I able to live abroad with my wife in her country while we wait for her I-130 and also our child be eligible for the CRBA through me? Like I said, I've lived in America since 1980 through 2019, but these past two years I have lived abroad.

 

Yes, you qualify.  The issue really is more for USCs who have not lived in the US as young adults or as adults.

 

You can apply for the baby's CRBA once he/she is born, and then a US passport.  

 

 

[speedrunner 2]

thanks everyone

[Coco8 1,042]

Well, I don't know which country you are in, but having a baby in that country and your wife with her family, regular physicians, it's probably easier than in the US. Finding a physician that takes new patients and that you like is already a lot of work. All of my foreign friends who had babies in the US didn't like the process and one went back to her country of origin for the second baby LOL And the US is the most expensive country in the world to deliver a baby. 

[Ed&Midori1031 330]

Any particular reasons after waiting 9 months for the K-1 you decided to just go ahead and  get married before arriving in the US? 

Edited February 18, 2021 by Ed&Midori1031