something_missunderstood

Ok, I am possibly slightly exaggerating here, but here is the full story of events:

I met my gf online on a dating site several months ago. We talked on the phone for hours and hours a day for months, and webcamed lots. I recently visited her for the first time for a couple of weeks under the VWP. I was rather worried that the relationship might not translate well from online to real-life. The visit was a little akward for the first half an hour, but after we got talking everything was amazing and turned out better than I could ever expected. We really clicked and fell in love, were instantly attracted to each other and it was if we'd been in a relationship for several months even though we'd only just met.

Last night she told me that she told me that a pregnancy test she tried had turned out positive. Considering the time scale, it may be a little too early to tell, but indications suggest that she is. I realise that we have been both quite foolish. She is in her early 20s, and I am in my mid 20s. I'm in the process of graduating this year, but my degree is just in journalism and am currently working part time, but receive a very good wage in excess of 1k a month.


I am aware that we can go for the I129 K-1 option. She is currently working in full-time employment, and is on around 20k which I believe is past the threshold that the department of immigration require? The only thing I'm not sure about is that that they require an additional $4k for every additional family member? (i.e. our baby). She will also be allowed maternity leave from her work, so the interruption of income shouldn't be a problem for her. I am just concerned that there may be a problem as regards her income supporting both of us. I don't want to leave her on her own to raise the child and wish to be there every step of the way with her. I am also aware that there is a C2 visa? Which would allow me to start working straight awayand would mean my passport would be effectively a green card when stamped by the POE Officer? (ovbiously working straight away would be on contingency that I can gain employment) which I realise might not be the easiest of things during a recession and a high unemployment period. I am concerned that the second visa takes longer to process, and I wouldn't want to leave her on her own for too long. She is currently living with her parents, but clearly she would have to rent somewhere if we wanted to go the K-1 or C visa route which she has indicated that she would be prepared to do. I'm aware that the K-1 option would take 6-8 months. I really want to be there for the birth. How long would the other visa option take?

I am aware that I have been rather irresponsible, but she is Catholic and there is no other option availble. I believe my situation might be quite unique, but I am in a bit of a dilemma about everything and would very much appreciate your advice. I realise that many of you will not have been in exactly the same situation as me when starting out the K-1 process, but I really do appreciate all your help and realise that there is a wealth of information with people's life experiences on this forum.

p.s. thank you for everyone's advice before going out there to see her originally.

ian-mstm

The K-1 takes about 6 - 8 months, as you've noted... but you are allowed to visit in the meantime. The advantage is that she can file right now. With luck, you'll have the visa prior to the birth... but even, if not, you can still visit.


I think you mean a CR-1 visa (a C-2 visa is an entirely different animal altogether). This actually takes about the same amount of time as a K-1 visa, but as you note, it has the added advantage of your being able to work the day you enter the US. Trouble with this visa, is that you can't start the process until after you're married... so that may put a damper on your plans vis-a-vis timelines!

Ian

something_missunderstood

Yes I did mean a CR-1 Visa sorry. What happens if there is a delay in the visa, and we haven't declared her as having a depenant? I think the best thing to do would be to declare the pregnany, but having researched this I can only find information on people who want to bring their current children. I don't have any other children, and I've never been married before. I'm aware that an additional $4k is needed for each depenant in the household. Her salary will fall short of this by $2k. I'm rather worried, and don't think it's a good idea to omit the truth about our baby. I'm wondering if there is a section or information you have to declare about this type of situation in all the application forms?

ian-mstm

Nothing happens. If the child is born *and* you've not yet had an interview for the visa, you can tell the officer at that time and will need to present an updated I-134. If by then you've already had the interview, don't worry about it.


Under US law, there is no dependent until the child is born. Declaring a pregnancy is an exercise in futility.


When born, the child will be a US citizen and will not need sponsorship! Again, you can't include her/him on any paperwork until after s/he is born.


There is no baby... at least, not right now. If her salary falls short, you'll need to find someone to act as your sponsor - someone who meets the financial requirements. Download the I-134 form and instructions and do a bit of reading.

Ian

Noorah101

If she does not earn the right income for either the I-134 or the I-864, she can use a joint sponsor, maybe one of her folks or a friend of hers will help out that way. The joint sponsor can be any US PR or USC, age 18 or over, living in the USA.

See the I-864P for exact guidelines. The baby does not count in the household until it's actually born.

The K-1 visa will get you to the USA much faster, since it can be started immediately. As Ian said, you can visit the USA during the 6 - 8 months it processes.

The Immigrant Visa takes about 8 - 10 months to process, and you can't start the process until you're actually married.

Rene

Ginblossom

At the risk of sounding brutal, can you be 100 per cent sure its yours? I mean, thats not to say it isn't but you are potentially changing your entire life on someone's say so.

God forbid she 's been putting it around and you might be in the frame is all.

I mean no offence, just saying.

fatbrit

There's the option of taking her to the UK. She'll be over in a month or so with plenty of time to get settled in before the baby arrives.

Neither of you are high earners. It's far easier being poor in the UK than the US.

buzwad

I'm tempted to think along the same lines as Ginblossom and fatbrit.... and I'm intruiged by your statement "she is Catholic and there is no other option availble." What does that mean?!?

Regardless, I think there are still other options. First of all, given she's a good practicing Catholic, I'm guessing she'll want to get married to the father of her unborn baby? If so, you can get married easily in the US while in on VWP and then bring her back to the UK as your wife (that's what I did!). The process was sooo much simpler than the other way around. We visited the British consulate in Los Angeles, after a 5 minute chat at the window, she has a visa in her passport and eligible to live and work here (and benefit from the NHS). Just need to prove that you have a decent income and somewhere to live (my salary, plus evidence of savings, plus letter from my parents providing somewhere to live was fine).

Another "option" is adoption, which is perfectly acceptable to Catholics.

I hope it all works out for the both of you!

jeffreyhy

bw,

Given that she's unmarried and pregnant, she probably isn't a good practicing Catholic. (Although I'm not entirely sure which adjective is the one that doesn't apply.)

Regards, JEff

buzwad

That was the point.

paul_79

I took that to mean she's keeping the baby, i.e. no abortion.

agentpeppermint

Hi there! I was in the same spot as you!

I got pregnant on a visit to my fiance in england in april 2008... we filed for k1 in july 2008, he came for VWP visit in November, was here for the birth of our son, and went home in Feb. His visa was issued in April. We are now going for his biometrics for his AOS in about... 7 1/2 hours


If it is any consolation to you, I managed the 2 months without him here...it wasnt easy, but I did it, baby ( plus 2 older kids ) and all.

Time goes by fast and I know you dont want to miss the milestones ( hubby missed out on the first US that told us what we were having ) but we had a US just before he was born ( thanks to a nice tech )

You CAN come over on the VWP to visit while the petition is processing. My now hubby brought his NOA with him to show the IO at the POE... It helped him get in simply because he told the IO he was doing this the legal way. Maybe other people wont be so lucky. but you can come visit.

You dont have to claim baby until its born, but considering they want the previous 3 yrs, just include documentation that she is indeed pregant with your "evidence" my doc wrote a letter stating I got pregnant within this certain time frame, which obviously matched up to my visit to the UK

Good luck and congrats!

ian-mstm

It's not a matter of "have to". He can't claim the baby until it's born.


I think this would be a mistake.

Ian

agentpeppermint

I would think for a k1 petition/visa, evidence she is pregnant is evidence of a relationship?


eh it worked for us, maybe not everyone, but it did for us.

jeffreyhy

It's evidence that there was a certain kind of a relationship with somebody, yes. And begs the question, relationship with who?

Most often an issue when the pregnant party is the visa applicant rather than the petitioner.

Regards, JEff