Random Questions about K-1

[Keegan 1]

Hello! 

Thank you in advance for providing feedback!

 

1. I filed for the K-1 in November of 2023. I found out I was pregnant in October and did not do thorough research, as I am doing now, and included a paper on the end of our packet that includes a copy of my positive blood test and a few sentences on the due date, acknowledged paternal father (my fiance, the beneficiary), etc. Now that I have gone through these forums, I have come across some who say pregnancy is not a reason for expedition. While we have accepted he will not be here for the birth, will this document affect us in anyway? Is there something I should do to request the removal of this document from our packet?

2. My fiance has been denied the B1/B2 Tourist Visa for 3 years in a row, handed the same blue paper, that states he does not have sufficient proof to return to his home country, every time. Will this affect our K-1 outcome? (He does not have a criminal record or any outstanding circumstance other than his sister being deported from US while attempting to enter on B1/B2)

3. I, the petitioner, am residing in the United States and will stay here for the birth of our child due to medical reasons. As my fiance cannot be here, I have been debating listing his name on our childs birth certificate for the sole purpose of ease as I file for a passport shortly after the birth, to ensure we can be in Costa Rica for the interview when the time comes. As we plan to use the childs birth certificate in our packet of supporting documents, to prove a bona fide relationship, would this have a negative impact? Will they question why he is not listed as the father, or listen to us when we share the reason why we decided to not add him? Regardless, our child will still take his last name which will be listed on the birth certificate. We would go back in to add him to the birth certificate once he is here on the K-1. 

4. My fiances name is Cristofer and he has 2 last names, however he does not like the spelling of his first name, so he has always spelled " Chris" or "Christopher" for non-legal things. He also commonly uses only one last name. For a short period of time, he was listed in my phone as Christopher as well. On his instagram he is Chris and only uses one of his last names. Does he need to include all of these "nicknames" on the DS-160? 

5. As I was living in Costa Rica with my partner last year, and we had 2 incomes, I was not working as much and did not meet the poverty line in 2022/2023. This year, 2024, I do meet 100% of the poverty line for a 2 person household, and am very close to meeting it for a 3 person household. Because I am on the line, my parents are going to be joint sponsors. My questions are:

- As we received NOA2 about 32 days ago, I am assuming I will be asked to submit Affidavit of Support soon, potentially before the birth of my child, which would increase our household size to 3, including my fiance. Should I list it as 3 regardless of filing before or after baby is born? 

- Do I fill out I-134 and have my parent fill out a separate I-134? Or do we need to fill out I-864?

 

I think that is all for now! If there are any other things I should note, I am welcome to anything/everything! Thank you. 

[nastra30 2,265]

1. Document by itself shouldn't have an impact. Don't worry yourself as it relates to that document.

2. That by itself shouldnt impact. Why was sister deported?

3. Personally, I will add the father

4. Yes

5. Count people at the time of filling. If it's before birth, it's 2. After birth it's 3. If birth happens before actual interview, provide new affidavit of support to beneficiary. Answer questions literally; that simple. I864 does not apply to K1. I134 from you both.

Edited May 18 by nastra30

[Boiler 45,128]

3 hours ago, nastra30 said:

1. Document by itself shouldn't have an impact. Don't worry yourself as it relates to that document.

2. That by itself shouldnt impact. Why was sister deported?

3. Personally, I will add the father

4. Yes

5. Count people at the time of filling. If it's before birth, it's 2. After birth it's 3. If birth happens before actual interview, provide new affidavit of support to beneficiary. Answer questions literally; that simple. I864 does not apply to K1. I134 from you both.

Not normal and wondering the same.

[Keegan 1]

4 hours ago, nastra30 said:

1. Document by itself shouldn't have an impact. Don't worry yourself as it relates to that document.

2. That by itself shouldnt impact. Why was sister deported?

3. Personally, I will add the father

4. Yes

5. Count people at the time of filling. If it's before birth, it's 2. After birth it's 3. If birth happens before actual interview, provide new affidavit of support to beneficiary. Answer questions literally; that simple. I864 does not apply to K1. I134 from you both.

His sister entered on a B1/B2 Visa, first time she went she was nannying for a friend (obviously not allowed on B1/B2). Exited country and upon her second return, was stopped at immigration, they called her friend listed above who confirmed she was working and was deported next day. 

[Boiler 45,128]

CR1 would obviously have been better but sounds like you are too far in to switch

 

Forget about a B

[SneakyPete 75]

7 hours ago, Keegan said:

Hello! 

Thank you in advance for providing feedback!

 

1. I filed for the K-1 in November of 2023. I found out I was pregnant in October and did not do thorough research, as I am doing now, and included a paper on the end of our packet that includes a copy of my positive blood test and a few sentences on the due date, acknowledged paternal father (my fiance, the beneficiary), etc. Now that I have gone through these forums, I have come across some who say pregnancy is not a reason for expedition. While we have accepted he will not be here for the birth, will this document affect us in anyway? Is there something I should do to request the removal of this document from our packet?

2. My fiance has been denied the B1/B2 Tourist Visa for 3 years in a row, handed the same blue paper, that states he does not have sufficient proof to return to his home country, every time. Will this affect our K-1 outcome? (He does not have a criminal record or any outstanding circumstance other than his sister being deported from US while attempting to enter on B1/B2)

3. I, the petitioner, am residing in the United States and will stay here for the birth of our child due to medical reasons. As my fiance cannot be here, I have been debating listing his name on our childs birth certificate for the sole purpose of ease as I file for a passport shortly after the birth, to ensure we can be in Costa Rica for the interview when the time comes. As we plan to use the childs birth certificate in our packet of supporting documents, to prove a bona fide relationship, would this have a negative impact? Will they question why he is not listed as the father, or listen to us when we share the reason why we decided to not add him? Regardless, our child will still take his last name which will be listed on the birth certificate. We would go back in to add him to the birth certificate once he is here on the K-1. 

4. My fiances name is Cristofer and he has 2 last names, however he does not like the spelling of his first name, so he has always spelled " Chris" or "Christopher" for non-legal things. He also commonly uses only one last name. For a short period of time, he was listed in my phone as Christopher as well. On his instagram he is Chris and only uses one of his last names. Does he need to include all of these "nicknames" on the DS-160? 

5. As I was living in Costa Rica with my partner last year, and we had 2 incomes, I was not working as much and did not meet the poverty line in 2022/2023. This year, 2024, I do meet 100% of the poverty line for a 2 person household, and am very close to meeting it for a 3 person household. Because I am on the line, my parents are going to be joint sponsors. My questions are:

- As we received NOA2 about 32 days ago, I am assuming I will be asked to submit Affidavit of Support soon, potentially before the birth of my child, which would increase our household size to 3, including my fiance. Should I list it as 3 regardless of filing before or after baby is born? 

- Do I fill out I-134 and have my parent fill out a separate I-134? Or do we need to fill out I-864?

 

I think that is all for now! If there are any other things I should note, I am welcome to anything/everything! Thank you. 

1. Congratulations. Seems like your petition was already approved, USCIS has nothing to do with it anymore, no need to request to remove anything.
2. Won't matter. B2 refusal are routine. Will need to disclose it on DS-160. Sister is not relevant. Do not bring it up.
3. As long as he is comfortable answering that question during his interview, it should not be an issue. 

4. No, only names used on legal documents matter, not nicknames. After marriage, depending on what state the marriage will be he might be able to change/simplify his last name. Should not matter for visa/immigration purposes.
5. I-134 submitted during interview IF Embassy requires it. Plan to use joint sponsor if your income is in grey zone between 100% and 125% of poverty level. 

6. Both use I-134 at Embassy stage. I-864 later on during AOS stage. 

 

Good luck! Did you already contact NVC to get your NVC case number for Costa Rica? 

[Keegan 1]

12 minutes ago, SneakyPete said:

1. Congratulations. Seems like your petition was already approved, USCIS has nothing to do with it anymore, no need to request to remove anything.
2. Won't matter. B2 refusal are routine. Will need to disclose it on DS-160. Sister is not relevant. Do not bring it up.
3. As long as he is comfortable answering that question during his interview, it should not be an issue. 

4. No, only names used on legal documents matter, not nicknames. After marriage, depending on what state the marriage will be he might be able to change/simplify his last name. Should not matter for visa/immigration purposes.
5. I-134 submitted during interview IF Embassy requires it. Plan to use joint sponsor if your income is in grey zone between 100% and 125% of poverty level. 

6. Both use I-134 at Embassy stage. I-864 later on during AOS stage. 

 

Good luck! Did you already contact NVC to get your NVC case number for Costa Rica? 

Thank you for the detailed response! 

 

In response to your response on #5, I am under the impression the next step will be the NVC requesting the Affidavit of Support. Are you suggesting I submit my parents I-134 for this and wait to submit mine until interview? Thanks for the clarification.

 

I have not reached out to NVC quite yet, I did a few weeks ago as it states to notify if turning 21 during process, which I did this year. They told me they cannot make the change until they receive it. I am keeping up with the NVC timelines and it says they are currently working on cases received around April 4th, and mine was sent out on April 17th, so I figured I would wait until Monday when it updates. 

Thanks again! 

[SneakyPete 75]

1 minute ago, Keegan said:

In response to your response on #5, I am under the impression the next step will be the NVC requesting the Affidavit of Support. Are you suggesting I submit my parents I-134 for this and wait to submit mine until interview? Thanks for the clarification.

NVC doesn't request anything from petitioner during the K-1 visa process. Most Embassies expect beneficiary to physically bring I-134 with tax transcripts with them for interview, but this is Embassy specific and you will need to research specifically about CR Embassy. 

Since it has been over 4 weeks after your I-129F approval, your USCIS likely shows "Case sent to Department of State" You can contact AskNVC https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html  And then write to to them "Please provide NVC case number for approved petition WAC2390XXXXXX" If they have it, they will tell you what it is. Then you can check status of your case on CEAC page. 

[Keegan 1]

7 minutes ago, SneakyPete said:

NVC doesn't request anything from petitioner during the K-1 visa process. Most Embassies expect beneficiary to physically bring I-134 with tax transcripts with them for interview, but this is Embassy specific and you will need to research specifically about CR Embassy. 

Since it has been over 4 weeks after your I-129F approval, your USCIS likely shows "Case sent to Department of State" You can contact AskNVC https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html  And then write to to them "Please provide NVC case number for approved petition WAC2390XXXXXX" If they have it, they will tell you what it is. Then you can check status of your case on CEAC page. 

Understood, thank you so much for the clarification! I will go ahead and send in an inquiry!! 
Have a great day! 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Lemonslice 4,764]

If he wants to change the spelling of his legal first name [remove the second last name?], it might be easier/cleaner to do now, in his country. Then get a new passport in that name.  

 

About adding his name on the birth certificate, I know that is state dependent; you should see how that can be done while unmarried in your state.  

 

Best of luck to your family!

[Lemonslice 4,764]

Looks like you are in Alaska, so this might be useful:

 

https://health.alaska.gov/dph/wcfh/Pages/informedconsent/pregnancy/paternity.aspx#:~:text=Alaska law does not allow,is determined by a court.

 

Quote

Alaska law does not allow a father to be named on a birth certificate if the mother is not married at conception, during the pregnancy, or at birth, unless an affidavit of paternity is completed by the parents or paternity is determined by a court.