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  • Need help don't know what Visa to apply for.

    I am trying to apply for my fiance and child we have together.

    I am currently a citizen of the United States and I obtained it through my parents naturalization. I lived most of my life in the states from the age of 2 to 14, at the age of 15 I moved back to my home country with my grandparents and finished my final 3 years of high school and attended university as well. Currently living here around 6-7 years and have been in a relationship with my current fiance for 5 years and we have been engaged for 4 years and we have a child together and he is currently 2 years old, we have been living together since we got engaged.

    Now that I am almost done with my Bachelors degree, we were thinking about moving back to the states as we felt there would be more opportunity for work and a better life, but as we went into the embassy we were basically bombarded with Immigration papers, and very little help on which to choose. They suggested I apply for a Birth of Abroad for my son but I am not eligible since I am missing 1 year from the 2 years after the age of 14. They mentioned the K-1 for my fiance.

    So we left without any real solution of what to apply for. We are open to getting married here and than to apply for a different Visa for a spouse.
    My parents said they would be our sponsor as I do not have any income from the U.S I could use as leverage.


    Basically looking for any help I can get, and I am currently searching for an Immigration Attorney to hopefully make things a bit more simple as a simple mistake can lead to a denial apparently.
    We where hoping to leave together and I would really not like to leave me family here alone if possible.

    Sorry for the long post, as this is all stressing me out. :/

  • #2
    Originally posted by Yguo1996 View Post
    I am trying to apply for my fiance and child we have together.

    I am currently a citizen of the United States and I obtained it through my parents naturalization. I lived most of my life in the states from the age of 2 to 14, at the age of 15 I moved back to my home country with my grandparents and finished my final 3 years of high school and attended university as well. Currently living here around 6-7 years and have been in a relationship with my current fiance for 5 years and we have been engaged for 4 years and we have a child together and he is currently 2 years old, we have been living together since we got engaged.

    Now that I am almost done with my Bachelors degree, we were thinking about moving back to the states as we felt there would be more opportunity for work and a better life, but as we went into the embassy we were basically bombarded with Immigration papers, and very little help on which to choose. They suggested I apply for a Birth of Abroad for my son but I am not eligible since I am missing 1 year from the 2 years after the age of 14. They mentioned the K-1 for my fiance.

    So we left without any real solution of what to apply for. We are open to getting married here and than to apply for a different Visa for a spouse.
    My parents said they would be our sponsor as I do not have any income from the U.S I could use as leverage.


    Basically looking for any help I can get, and I am currently searching for an Immigration Attorney to hopefully make things a bit more simple as a simple mistake can lead to a denial apparently.
    We where hoping to leave together and I would really not like to leave me family here alone if possible.

    Sorry for the long post, as this is all stressing me out. :/
    (By the way, are you the mother or the father of your son? If the mother, then likely your son is a US citizen, since the rules for a child born out of wedlock to an American mother before June 2017 only requires 1 continuous year of physical presence.)

    You have several options:

    1. File I-129F to get K-1 for your fiance. Your son will get K-2. Marry within 90 days of entry, and they will each adjust status to become permanent residents (when it is approved your son will also automatically become a citizen as a permanent resident under 18 living in the US with a US citizen biological parent).
    2. File I-129F to get K-1 for your fiance, same as #1. File I-130 to petition your son to get an immigrant visa. Marry within 90 days of entry, and your fiance will adjust status to become a permanent resident. Your son will become a permanent resident (and also citizen) immediately upon entry with the immigrant visa.
    3. Marry first, then file two I-130s, one for your spouse and one for your son, to get immigrant visas. They will both become permanent residents (and your son also a citizen) immediately upon entry with their immigrant visas.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      (By the way, are you the mother or the father of your son? If the mother, then likely your son is a US citizen, since the rules for a child born out of wedlock to an American mother before June 2017 only requires 1 continuous year of physical presence.)

      You have several options:

      1. File I-129F to get K-1 for your fiance. Your son will get K-2. Marry within 90 days of entry, and they will each adjust status to become permanent residents (when it is approved your son will also automatically become a citizen as a permanent resident under 18 living in the US with a US citizen biological parent).
      2. File I-129F to get K-1 for your fiance, same as #1. File I-130 to petition your son to get an immigrant visa. Marry within 90 days of entry, and your fiance will adjust status to become a permanent resident. Your son will become a permanent resident (and also citizen) immediately upon entry with the immigrant visa.
      3. Marry first, then file two I-130s, one for your spouse and one for your son, to get immigrant visas. They will both become permanent residents (and your son also a citizen) immediately upon entry with their immigrant visas.

      Thank you for the fast reply. Every bit helps.

      I am the father. Will we be able to wait out the duration of the process together until we are able to go together to the states, or will I have to be forced back to the U.S, how long does an I-129F take or will it be easier/quicker through the I-130's?

      Comment


      • #4
        Originally posted by Yguo1996 View Post
        Thank you for the fast reply. Every bit helps.

        I am the father. Will we be able to wait out the duration of the process together until we are able to go together to the states, or will I have to be forced back to the U.S, how long does an I-129F take or will it be easier/quicker through the I-130's?
        You need to be "domiciled" in the US, or plan to establish domicile in the US no later than the immigrant immigrates, in order to complete the I-864 Affidavit of Support. K-1 might be faster than an immigrant visa; I am not sure; but if you do K-1 there will be a long process after getting to the US.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          You need to be "domiciled" in the US, or plan to establish domicile in the US no later than the immigrant immigrates, in order to complete the I-864 Affidavit of Support. K-1 might be faster than an immigrant visa; I am not sure; but if you do K-1 there will be a long process after getting to the US.

          Thank you again. Really making things easier and less overwhelming.

          My parents work and live in the U.S and have agreed to be our sponsor. We plan to live in the U.S and I plan to find work in my field. We were hoping we could wait until she gets her K-1 Visa accepted and than move to the U.S Together with our child. Immediately get married and apply for permanent residents/Green Card. That's at least what we were hoping the process would be like, as we don't mind waiting for however long it takes, just as long as we aren't separated from one another for a long period.

          Thank you again.

          Comment

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