Patience Wins

May I begin by saying how impressed I am by this discussion forum and the incredible time and effort people devote to helping others.

I have finally received back my passport with the K1 Fiance Visa in it. For the record it took seven months from the point at which we began the process. This was a grueling period since we have mainly been on opposite sides of the Atlantic.

I am currently in UK and was planning on entering the US at the beginning of Feburary, getting married and applying immediately for change of status and advanced parole, since I need to be out of the US for five weeks from the beginning of April. It has become clear to me (not least from this forum) that my chances of getting AP in time (effectively seven weeks) are low, and that without it I would not be let back into the US in May. And that my K1 would then be invalidated. If there is any around this please would someone let me know!

My main question is whether anyone could advise me on how I might be able to enter the US in February without using my K1, so that I could use it in May, from when I will be able to stay in US for several months.

The background to this is that my fiance is pregnant and if I am not able to go to US for February and March, she will have effectively been alone for nearly five months of her pregnancy.

Any ideas, suggestions or advice will be hugely appreciated.

Best wishes to all

ian-mstm

Perhaps if you had kept your Johnson in your pants, you wouldn't now be in this position! Now... she pays the price for your lack of foresight!

Ian

SecretGarden

Ian! What's all this talk of positions?! This is a family forum....really!

Anyway, to the OP: You have six months from the date of issue to activate the visa. As your screen-name suggests, "patience wins". If it were me, I'd wait to activate it until you are sure you can stay, rather than running the risk of having to go back without AP.

Yes, I understand she'd be alone for a longer period of time, but it sure beats having a husband who can't get back in the country.

Just my two cents.
~SecretGarden

jeninifer

My advice to you is to hire a birth doula.

Doula is Greek for "woman's servant" and will be able to help your wife with various things throughout her pregnancy. She can accompany her to doctor appointments, answer questions and provide hugs.

She then will be with you and your wife throughout the delivery - acting as a liason between she and you, she and the doctor, you and the doctor, making sure that everyone understands what is happening and why. She will also help you formulate a birth plan and help you follow that plan, as best you can, throughout the delivery.

Certified doulas can be quite pricey, but if you're fortunate enough you can find a doula in your area that needs qualifying births towards her certification. They often offer their services on a volunteer basis or at a very minimal fee. You would request a list of non-certified birth doulas to find those doing volunteer/low cost work.

You can learn more about doulas at www.dona.org.

You can call 888-788-DONA for a referral. There's no charge for the referral and no obligation to hire a doula from the referral list.

Rete

I can't think of anyway for you to enter the US and not use your K-1 visa unless you ask that it not be validated at the time of entry and that request is granted. You might be able, if you ask politely and explain fully why you wish to only enter and remain for a week or two, and your need to return to the UK to finalize your move at a later point in the K-1 visa validity period.

If your fiancee is currently 5 months pregnant and you wait until May, then you will be here hopefully in time for the birth and perhaps marriage before the birth? Is the reason why you have to return to the UK seven weeks after entry that important that it cannot wait for three months. Or can't you finish up whatever has to be done and come here at the end of February instead of the beginning of the month?

Have you tried asking the US Consulate if there is a way for them remove the K-1 from your passport and insert it after your return? Even if there were such an avenue, you still might not be allowed in since you clearly have shown immigration intent and your fiancee being pregnant is cause for the agents at the POE to be leery of allowing you to enter without the K-1.

Rete

Matthew Udall

Hi Rete, Pappa Bear here. I agree with most of your post.
There might be another way to skin this cat, although I don’t think I’d be comfortable trying it myself or recommending it to anybody.

He wants to “come back” in May. His K-1 authorized period of stay in the U.S. will be 90 days. So let’s say he enters in March instead of Feb using his K-1. Does “NOT” marry. Goes back to UK as unwed fiancé. Goes to U.S. Consulate and has them issue a new K-1 that will expire at the end of his initial 90 day period of admission. He reenters, still within the original 90 day period of admission. And he then “marries” within that initial 90 day period of admission. I believe the FAM discusses the Consulate’s ability to make that happen, however I have to say again that I’d be sweating bullets trying this myself and if I were the OP I’d try to find some other way (what if the Consulate said no, we won’t revalidate the K-1?).

I’m not recommending this to the OP, but it might be something to at least look at and ponder. If he tries it, please don’t come back to me to complain if it does not work.