Double_id2003

I met my girlfriend when she came here on a K-1 visa from someone who
sponsored her. I met her after the guy all of a sudden decided not to
pursue the marriage. He threw her out knowing fully well that she knew
no one in the U.S. He didn't give any reason he just said that he's
not right for her.
Anyway, we met and fell in love with each other. I love this lady like
my very own soul and would never let any harm come to her. We planned
on getting married, but decided she should go back to her country
(Dominican Republic) before her 90 days are up in order to avoid
overstay. She did returned and we fixed wedding for Valentine's Day in
her country. However, there's another twist to the story, I called her
yesterday and she told me that she might have missed her period. This
would put some of our plans on hold but, I'm happy because this is the
girl that I want to spend the rest of my life with.
My questions are these:
1. What are the likelihood of us getting a K-3 since that is what I
want to bring her here on (she came here b4 on K-1 for another person)
2. Is her pregnancy status going to make it harder to secure K-3
3. Will the fact that we've only known each other for a short time
before marrying be a problem (I knew her in December)?
Your comments are well appreciated. Thanks.

Mrraveltay

double_id2003 wrote:

    > 1. What are the likelihood of us getting a K-3 since that is what I
    > want to bring her here on (she came here b4 on K-1 for another person)

I suspect potential problems, but there aren't a lot of other options
here, so what can you do.

    > 2. Is her pregnancy status going to make it harder to secure K-3

Not if it can be proven to be your child.

    > 3. Will the fact that we've only known each other for a short time
    > before marrying be a problem (I knew her in December)?
    > Your comments are well appreciated. Thanks.

I think the issue would be that she entered as a fiance of someone else,
then became pregnant by someone else while still on the K-1.
I can not guess how a consulate in a country, like DR, would handle
this. One thing on their mind would be that there is a possibility that
this woman is trying to find any way into the US.

I would suggest contacting an experienced immigration attorney in
advance of problems that may appear down the road.

Bluegrass Lass

This is out of my area of knowledge, so I can't really add too much to what MrTravel posted. Except if she is pregnant, and because this is a complicted situation, I would apply for the K3 as soon as possible with the help of a good immgration attorney. If you wait to long to apply for it, she'll be too far along by the time she could get approved, and not be able to get to the US to give birth. You're going to have to try to time this very carefully.

No one knows for sure how long a petition can take to be approved, but with any additional complications, it's probably a safe bet that it'll take longer than "normal."

Graefaxe

"double_id2003" <[email protected]> wrote in message
news:[email protected]...
    : I met my girlfriend when she came here on a K-1 visa from someone who
    : sponsored her. I met her after the guy all of a sudden decided not to
    : pursue the marriage. He threw her out knowing fully well that she knew
    : no one in the U.S. He didn't give any reason he just said that he's
    : not right for her.
    : Anyway, we met and fell in love with each other. I love this lady like
    : my very own soul and would never let any harm come to her. We planned
    : on getting married, but decided she should go back to her country
    : (Dominican Republic) before her 90 days are up in order to avoid
    : overstay. She did returned and we fixed wedding for Valentine's Day in
    : her country. However, there's another twist to the story, I called her
    : yesterday and she told me that she might have missed her period. This
    : would put some of our plans on hold but, I'm happy because this is the
    : girl that I want to spend the rest of my life with.
    : My questions are these:
    : 1. What are the likelihood of us getting a K-3 since that is what I
    : want to bring her here on (she came here b4 on K-1 for another person)

Personal, non-legal, opinion... It probably will not be a problem. As long
as she did everything correctly the first time, did not overstay her visa,
and you get all the correct documentation together.

    : 2. Is her pregnancy status going to make it harder to secure K-3

Again, should not. May even help. The child is the offspring of a US
citizen, so iirc a US citizen automatically.

    : 3. Will the fact that we've only known each other for a short time
    : before marrying be a problem (I knew her in December)?

I met my wife in February, we had written a bit for the previous 6 months,
then we married in July. We had spent a grand total of 5 days together and,
of course, hundreds of letters. We just got our permanent residency after 2
1/2 years of the process. It takes time, but you shouldn't have too many
worries. Consider that many K-1s come here and get married with even less
time togeher than you had.


    : Your comments are well appreciated. Thanks.

alex_lg

You may want to double check this statement. The last time I checked, a child born overseas was automatically a U.S. citizen only if BOTH parents were U.S. citizens. When only one parent was a U.S. citizen, the U.S. gov had a set of rules to qualify whether the child was a U.S. citizen or not. The rules might have changed, but please check.

Derrick Williams

[email protected] (double_id2003) wrote in message news:<[email protected] om>...
    > I met my girlfriend when she came here on a K-1 visa from someone who
    > sponsored her. I met her after the guy all of a sudden decided not to
    > pursue the marriage. He threw her out knowing fully well that she knew
    > no one in the U.S. He didn't give any reason he just said that he's
    > not right for her.

I had a similar situation as you did. I met my future wife in Russia,
I had gone there to meet my wife's sister after we'd met on an online
dating service. It didn't work out, but I hit it off very well with my
future wife. My visit was too short, and we corresponded every day
very much in love.

She sort of mentioned that she did go through a half-hearted K-1
process with a wealthy businessman she once worked with. She dropped
the process, never showing up for interviews or getting her medical
exam, but she asked the guy if he'd grant her the K-1 for the purpose
of surprising me in the US with a visit. The guy, bless his heart,
didn't hold any grudges and gave her the OK.

One day I got e-mail telling me to pick her up at JFK the following
weekend, and of course that made me spit up coffee at the computer
screen that morning, it was a complete surprise. She came on that K-1,
never even talked to her sponsor, stayed with me the entire three
months, and left the day before her K-1 expired.

It was my fault she went though this, I was stuck on the "all Russian
women just want to marry a wealthy American and get a green card"
stereotype, mostly because all my friends and family were
self-appointed experts on the subject and had warned me of this
happening. "Forget it! She just wants a green card." they would say. I
didn't accuse my future wife of it, but she could tell I had a lot of
doubts and was getting exasperated. Well, my future wife showed up at
the airport, slapped me in the head with her K-1 documents, and ranted
about how she truly loved me and she can do everything on her own and
didn't need anything from me. I merely bowed my head ashamedly and
said, "Yes dear. Of course dear. No, dear..."

I am sorry she had to pull this stunt to wake me up. She showed me
through the affidavits that she could have married a millionaire
(which I am not), the millionaire being a fitness buff (which I am
not), and promised my wife luxuries I couldn't ever provide. She
walked away from all this just to be with me, so I dropped my doubts
right away, married her a few months later (in Belarus), and then we
sent for our K-3.

As it happens, I got RFE's for both the I-129F and I-130 portions of
the K-3, but for stupid things like not having an original signature
or not having a notarized document of a previous divorce decree. I
haven't heard any indications that they would deny a K-3 because she
didn't marry on her K-1. They haven't asked me any questions about my
wife's previous K-1.

I did see a lawyer about the situation before we got married, and as
long as my wife left the US before the K-1 expired, she did not break
any law. Of course, there is the nagging bit that she didn't tell the
truth about intending to marry the K-1 petitioner, but she told me
they didn't even ask anything along the lines of "Why are you coming
here on a K-1?", but it was good enough for the immigration officer
and they can't really prove anything otherwise now. They just asked
for documents, asked for her return ticket, stamped everything, and
she was free to enter. If I had known she was going to do this, I
would have told her to forget the K-1 and just stay home, because
technically she would be coming to the US on false pretenses. However,
she was already on her way to the US when I had received the message.
Did I mention she is a bit headstrong?

Because of the previously used K-1 visa, the lawyer advised me to go
the route of the K-3 so it doesn't appear my wife is a serial K-1
applicant, but he had doubts if it really mattered if I had decided on
a K-1 instead.

So while I don't have the K-3 yet, I doubt someone having a K-1
previously would really stop you. They might send an RFE or ask a
question, but I don't think it's all that unusual for someone to come
on a K-1 and not use it. People do change their minds for a variety of
reasons!

Good luck, I hope everything works out!

-Derrick

Double_id2003

Thanks a lot. Your reply has being a big boost. I'm very excited. I'll
share this with my girl right away. She has been very worried. Even
before leaving, she cried her eyes out. I wish you good luck in
everything.

[email protected] (Derrick Williams) wrote in message news:<[email protected]. com>...
    > [email protected] (double_id2003) wrote in message news:<[email protected] om>...
    > > I met my girlfriend when she came here on a K-1 visa from someone who
    > > sponsored her. I met her after the guy all of a sudden decided not to
    > > pursue the marriage. He threw her out knowing fully well that she knew
    > > no one in the U.S. He didn't give any reason he just said that he's
    > > not right for her.
    >
    > I had a similar situation as you did. I met my future wife in Russia,
    > I had gone there to meet my wife's sister after we'd met on an online
    > dating service. It didn't work out, but I hit it off very well with my
    > future wife. My visit was too short, and we corresponded every day
    > very much in love.
    >
    > She sort of mentioned that she did go through a half-hearted K-1
    > process with a wealthy businessman she once worked with. She dropped
    > the process, never showing up for interviews or getting her medical
    > exam, but she asked the guy if he'd grant her the K-1 for the purpose
    > of surprising me in the US with a visit. The guy, bless his heart,
    > didn't hold any grudges and gave her the OK.
    >
    > One day I got e-mail telling me to pick her up at JFK the following
    > weekend, and of course that made me spit up coffee at the computer
    > screen that morning, it was a complete surprise. She came on that K-1,
    > never even talked to her sponsor, stayed with me the entire three
    > months, and left the day before her K-1 expired.
    >
    > It was my fault she went though this, I was stuck on the "all Russian
    > women just want to marry a wealthy American and get a green card"
    > stereotype, mostly because all my friends and family were
    > self-appointed experts on the subject and had warned me of this
    > happening. "Forget it! She just wants a green card." they would say. I
    > didn't accuse my future wife of it, but she could tell I had a lot of
    > doubts and was getting exasperated. Well, my future wife showed up at
    > the airport, slapped me in the head with her K-1 documents, and ranted
    > about how she truly loved me and she can do everything on her own and
    > didn't need anything from me. I merely bowed my head ashamedly and
    > said, "Yes dear. Of course dear. No, dear..."
    >
    > I am sorry she had to pull this stunt to wake me up. She showed me
    > through the affidavits that she could have married a millionaire
    > (which I am not), the millionaire being a fitness buff (which I am
    > not), and promised my wife luxuries I couldn't ever provide. She
    > walked away from all this just to be with me, so I dropped my doubts
    > right away, married her a few months later (in Belarus), and then we
    > sent for our K-3.
    >
    > As it happens, I got RFE's for both the I-129F and I-130 portions of
    > the K-3, but for stupid things like not having an original signature
    > or not having a notarized document of a previous divorce decree. I
    > haven't heard any indications that they would deny a K-3 because she
    > didn't marry on her K-1. They haven't asked me any questions about my
    > wife's previous K-1.
    >
    > I did see a lawyer about the situation before we got married, and as
    > long as my wife left the US before the K-1 expired, she did not break
    > any law. Of course, there is the nagging bit that she didn't tell the
    > truth about intending to marry the K-1 petitioner, but she told me
    > they didn't even ask anything along the lines of "Why are you coming
    > here on a K-1?", but it was good enough for the immigration officer
    > and they can't really prove anything otherwise now. They just asked
    > for documents, asked for her return ticket, stamped everything, and
    > she was free to enter. If I had known she was going to do this, I
    > would have told her to forget the K-1 and just stay home, because
    > technically she would be coming to the US on false pretenses. However,
    > she was already on her way to the US when I had received the message.
    > Did I mention she is a bit headstrong?
    >
    > Because of the previously used K-1 visa, the lawyer advised me to go
    > the route of the K-3 so it doesn't appear my wife is a serial K-1
    > applicant, but he had doubts if it really mattered if I had decided on
    > a K-1 instead.
    >
    > So while I don't have the K-3 yet, I doubt someone having a K-1
    > previously would really stop you. They might send an RFE or ask a
    > question, but I don't think it's all that unusual for someone to come
    > on a K-1 and not use it. People do change their minds for a variety of
    > reasons!
    >
    > Good luck, I hope everything works out!
    >
    > -Derrick