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Lostinthesea806

What are legal ways?

By Lostinthesea806 in General Immigration-Related Discussion

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Lostinthesea806 Rookie

Lostinthesea806   2

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Hi! 
I filed a k-1 visa back in 2020 and I ended up pulling it the same year due to relationship problems. Anyways, the person and I ended up breaking up in March 2021 when I was 2 months pregnant roughly. Flash forward to now we have a child that is almost 6 months of age. We are working on us but, how can he come to the states / immigrate without me? He is from South Africa 

TBoneTX Grand Master

TBoneTX   45,580

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Thread is moved from the Off Topic forum to General Immigration Discussion.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Timona Experienced

Timona   4,208

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Filed: Citizen (apr) Country: Kenya
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18 minutes ago, Lostinthesea806 said:

Hi! 
I filed a k-1 visa back in 2020 and I ended up pulling it the same year due to relationship problems. Anyways, the person and I ended up breaking up in March 2021 when I was 2 months pregnant roughly. Flash forward to now we have a child that is almost 6 months of age. We are working on us but, how can he come to the states / immigrate without me? He is from South Africa 

 

If someone else files for him.

 

Have you heard that he's in US?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

mushroomspore Proficient

mushroomspore   3,044

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22 minutes ago, Lostinthesea806 said:

Hi! 
I filed a k-1 visa back in 2020 and I ended up pulling it the same year due to relationship problems. Anyways, the person and I ended up breaking up in March 2021 when I was 2 months pregnant roughly. Flash forward to now we have a child that is almost 6 months of age. We are working on us but, how can he come to the states / immigrate without me? He is from South Africa 

To visit, he needs a valid B1/B2 tourist visa. Since he has a US citizen child and you (the mother) are also a US citizen, it seems unlikely that he'll be approved for a tourist visa but he can always try. He'd be out about $160 USD for the application though. Tourist visas are proving you will return to your home country; having US citizen family members (esp a partner/significant other AND child) works against that.

 

To fully immigrate without you, he has 3 possible options:

1. He waits for your shared US citizen child to become an adult and then petition for him.

 

2. He gets a work visa that can lead to a green card. There are many work visas but not every one allows for a green card. Work visas in general are hard to get.

 

3. And finally, long shot: if he's got $1 million USD that he can invest in an American company, he can also get an EB-1 investor visa and then a green card from this visa.

 

JeanneAdil Grand Master

JeanneAdil   6,578

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Filed: Citizen (apr) Country: Morocco
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Posted (edited)

student visa

dv lottery 

someone else applies K1 or CR1

b1/B2 visa

his child applies when he gets to age 21

 

Are u worried that he will come without u?

that would make me believe u think he is shopping for green card

 

Edited by JeanneAdil
Boiler Grand Master

Boiler   45,727

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Filed: K-1 Visa Country: Wales
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He most likely can not unless you get back together.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Lostinthesea806 Rookie

Lostinthesea806   2

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3 minutes ago, JeanneAdil said:

student visa

dv lottery 

someone else applies K1 or CR1

b1/B2 visa

his child applies when he gets to age 21

 

Are u worried that he will come without u?

that would make me believe u think he is shopping for green card

 

He’s aware of the tourist visa and he is worried since he doesn’t have strong ties there they will deny him.

 

I doubt he will come to America without me. When I bring up immigrate to America he says he rather take things slow and solve our problems then do marriage visa. 
 

personally - it’s my family who rather I not go there again so I was trying to figure out happy solutions for both sides. 
 

JeanneAdil Grand Master

JeanneAdil   6,578

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1 minute ago, Lostinthesea806 said:

He’s aware of the tourist visa and he is worried since he doesn’t have strong ties there they will deny him.

 

I doubt he will come to America without me. When I bring up immigrate to America he says he rather take things slow and solve our problems then do marriage visa. 
 

personally - it’s my family who rather I not go there again so I was trying to figure out happy solutions for both sides. 
 

probably would deny tourist visa as the K1 would show up in  computer and with a GF and a child in the US ,  his ties are stronger to the US now

Lostinthesea806 Rookie

Lostinthesea806   2

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3 minutes ago, JeanneAdil said:

probably would deny tourist visa as the K1 would show up in  computer and with a GF and a child in the US ,  his ties are stronger to the US now

I 100% agree with you, so he’s on the right track with wanting to take it slow and do the marriage visa about 2 years from now then. Do they look down upon people who pulled the plug on k1 then years later do cr1? 

Boiler Grand Master

Boiler   45,727

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Filed: K-1 Visa Country: Wales
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Posted

US Immigration is ideal for those wishing to take it slow, I have seen quite a few cases where people have switched from K1 to Cr1.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Lostinthesea806 Rookie

Lostinthesea806   2

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1 minute ago, Boiler said:

US Immigration is ideal for those wishing to take it slow, I have seen quite a few cases where people have switched from K1 to Cr1.

Thank you! I guess we will go down that route eventually as we’re truly not in a super rush. I will make plans to go there for our child first birthday as that’s what I 100% don’t want him

to miss. 

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Timona Experienced

Timona   4,208

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Filed: Citizen (apr) Country: Kenya
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Be careful thought with this "take it slow."

 

I know of people who know how to play games. They'll do that so that you feel comfortable. Then you go over, get married and she/ he tells you to hold off application till 8 months later while you two live apart. Why? He's banking on 10 year GC. As soon as he lands in US and triggers it, he's out and petitioning for his real flame, the one he's been cosy with all this time that you were apart and "taking it slow."

 

So, be on the lookout. 

I'm not saying yours is fake. Just be on the lookout 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

JeanneAdil Grand Master

JeanneAdil   6,578

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15 minutes ago, Lostinthesea806 said:

I 100% agree with you, so he’s on the right track with wanting to take it slow and do the marriage visa about 2 years from now then. Do they look down upon people who pulled the plug on k1 then years later do cr1? 

not really as there are many reasons to stop a K1 and go the CR1 route 

and u are not required to tell immigration in your petition

he may be asked in interview 

our K1 was denied in 2009 and we went CR1 

 
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