something_missunderstood

Nothing is 100% certain ever, apart from tax and death, lol but I'm almost certain that I am the father. She has never had unprotected sex before and has been in two long term stable relationships over there (she would probably hate to find this forum post, lol). The point is that I trust her very much and don't belive that she would lie about a thing like this. Clearly I will be getting a DNA test so that the child can have a dual citizenship status.

I'm really surprised about the sheer number of replys to my post on the forum and will write a seperate post to answer some questions, and congratulations to agentpeppermint, that's such a nice story.

I do have a seperate question though, we've talked about her moving out of her parents (which is something she wants to do) but the problem is that in the short term she can't immediately move out. I don't want to pressurise her into getting an apartment but I am concerned about what address to put on the I-129 form if she doesn't! Her friend who is a legal assistant has offered for us to move into her house until we can find somewhere else to live for a while. I'm aware that we would have to put down the total number of people living in the house (which would be 5 including our baby, as her friend has a daugher). Her friend has also agreed to be a sponsor despite the legally binding ramifications as well! Is it possible to declare this address on the I-129, or would it be a requirement, OR better for us to live in our own apartment. The combined income would be around $90,000 dollars for her and her friend so I don't think there would be any problem with the povery guideline threshold of 125% for 5 people ( or would it be 4 without the baby if we don't declare him or her?); I'm just concerned about putting her friend's address on the form!

I'm also rather confused still as to whether or not, or how we go about declaring that she is pregnant. I understand that we don't need to declare it, but would it have any effects if we can't get together until after the baby is born?

Apologies if I'm being a bit ignorant here, but I still find it all rather confusing, but cannot afford to hire an immmigration lawyer.

something_missunderstood

I meant that she just wants to keep it, and marry the father basically. She doesn't want to, and wouldn't even dream of giving it up for adoption at all!

Sally Redux

Cave Emptor

Noorah101

First, I hate to be a stickler for details, but you need to use the correct form name - I-129F. The F on there is very important, as there IS a form I-129 out there, but it's for something completely different. I-129F is what you always want to say/write.

Slow down and take things one step at a time. For now, she just needs to file the I-129F. For that, she needs to use a stable mailing address where she can receive the notices from USCIS. If she's currently living with her parents, then that is the address she uses on the I-129F. Even if she moves out later, I assume her parents will give her any mail that arrives at their address.

Don't worry about household size and affidavit of support until further along in the process, where it will be more clear where she's living and with whom. There will be several months of waiting after filing the I-129F, it's best to just see where she lives at the time the I-134 is due.

No, her being pregnant has no effect on your immigration process. Also, the baby does not count as part of the household until it's actually born.

Rene

jeffreyhy

While we're stickling - one of my favorite activities - I-129 is for a non-immigrant worker. (Which is the way that a few people seem to treat their spouse.)

Regards, JEff

something_missunderstood

Congratulations on having your baby btw! What is an 'NOA', and what is a 'US'. Did you manage to get him over there living with you? How long did the whole process take? Are you in a financial situation of dependance, i.e. did you move into a house together? I'm concerned, as she doesn't seen very keen on moving out of her parents very soon! Her friend, who is a legal assistant has said we can move in with her, and she has a great salary and will be a sponsor also. Sorry for posting this bit twice btw!

Noorah101

NOA = Notice of Action (from USCIS)
US = in this post, it means Ultrasound. In other posts you'll read on here, it will mean United States.

Why are you so anxious to have her move out of her parents house? Especially if she doesn't seem keen on it. Seems to me you guys can save more money if she's living with her parents, and also get family support during her pregnancy. That is, if they are all on board with what's going on. As far as immigration is concerned, she can continue living with her parents...she doesn't need her own place.

Rene

something_missunderstood

Ok thanks Noorah101, I will use the term I-129F from now on, lol. The F is for fiance, right? I will file the I-129F asap! Is the fee of $455 payable upon filing for the I-129F?

something_missunderstood

I was concerned, as I just assumed that USCIS might frown upon applying for a I-129F when my fiance is living with parents. As far as I'm aware, UK immigration requires someome bringing a fiance or spouse to have their own seperate flat or house (I assumed US immigration would have a similar policy, but couldn't find any information on that side of things). Maybe I'm just not well researched on these matters, but I just thought it would look better for us. Obviously if it's the case that we don't need our own place then she doesn't need to move out and I won't force ths issue.

Noorah101

It's your girl friend who is the USC, isn't it? She is the one who files the I-129F. Are you still in the USA right now, at this moment? Maybe that's why you said "I will file..."

Yes, she needs to send the $455 payment along with the I-129F. Have you guys read the instructions?

Rene

Noorah101

No, USCIS doesn't have that requirement. She just needs to prove she has the income and/or assets to be your financial sponsor on the affidavit of supports (I-134 for K-1, I-864 for subsequent AOS), but even then she can use joint sponsors. It doesn't matter to USCIS that she doesn't own her own place or live independently.

Rene

meauxna

Please go and read the wiki entry explaining the K-1 visa, and its petition, I-129f.. there are a few things it will help you get a grip on.

The petition is nothing more than a declaration from a USC (you'd better go read the acronym wiki too) that she is a citizen, that you two have met within the past 2 years and that you intend to marry each other.
USCIS doesn't 'judge' you on any of your circumstances; if your GF meets the qualifications listed, she is eligible to petition you.

When your petition is approved, YOU will be invited to apply for a K-1 visa. YOU will then be examined to make sure you are admissible as an immigrant. Because of the nature of your particular petition type, the consular officer must also be assured that your relationship is bona-fide, that is, not solely for the immigration benefit.

You'll have a final process after arrival when you apply to become a Permanent Resident where (maybe) these things you're worried about will have more merit, but it's really never part of the discussion. They dont' care what *kind/quality* relationship you have.. there are all types out there.
They simply need to be assured it is a legal relationship.

agentpeppermint

Hi there again...sorry for not clarifying the acronyms but ty to those who did...here is the entire time line
from when i met my husband to current...

Dec 06 met hubby via xbox live
July 07 5 week visit to the UK
Sept 07 moved to ny to be closer to him...lived with my mom
April 08 2 week visit to UK
May 08 found out i was pregnant
Spent 2 months deciding best action and found this website
July 08 i filed i129f
November 08 hubby came to us on vwp
Also this month we received notice that my petition was approved and he could schedule his medical and wait for packet 3 to arrive
Day after xmas our son was born
Feb 09 hub went back to uk
Feb 18th hub had medical in london at knightsbridge bentick mansion
April 09 begining of the month he had his visa interview in london...which was suspended pending additional info (we needed a new joint sponser as my first choice did not have the required income guidelines)
Provided new sponser and visa was issued april 17th

Hubby arrived in us on april 21st
Married may 6 2009
Moved to montana july 09
Waited until last minute and filex i485 and i765 on dec 28th
Jan 21st hubby had biometrics don

Now we are awaiting approval for his adjustment and his work card.

It does seem to be a daunting timeline but it relativly flew by .

My best advice is to keep her living in her parents. You all ready have a lot going on at once and you dont want to add to the nightmare.

You are NOT required a dna test to get dual citizenshi as our baby has it. All you have to dp is be on the bc which means you must sign it. Uk law requires the bc to be issued within 3 monthsof baby's birth. Then all you have to do is apply for a british passport for the lilun.

Plan for your vwp visit close to her due date so you can be here for the birth (you may even have your visa before the baby is born!)

Good luck. This forumvis amazing and so are the ppl here.... ps i must apologize for any spelling errora as i am using my droid touch screen and it needs to he retrained for my fingers lol!

Ginblossom

Not sure what that is supposed to mean - I suppose its a slight at my comments - but I am glad that the OP has trust in his relationship and believes his girlfriend. Until he has reason not too, its all good.

He said he will get proof of paternity so there must be some element of doubt there, or it may be he wants complete guarantees which is reasonable enough too.

After all, I bet if 99.9 per cent of people on here got a call from an overseas lover saying hey guess what Im pregnant, the thought would cross your mind wouldn't it.

I / we don't know his true situation and I am sure that his girl has been true and faithful but I think its a reasonable question to consider - though of course a very awkward answer to potentially have! Plus this guy is changing his life because of the new circumstances.

In any case, no matter, good immigration advise is being given on the basis he is the dad and good luck my friend

PepsiChic

the USC (united states citizen) files the I-129F petition not you. though you can help fill it out if you want but its her that must sign and send it.

You can get the form by googling I-129F also google I-129F Instructions

There are certain things that need to be sent with the I-129F some of them that come to mind are:

G325a (one for each of you)
proof of citizenship for USC (photocopy of birth certificate/passport Id page)
a letter of intent (to state that yes you intend to marry within the 90 days that the K1 visa allows)
and some photos/plane tickets etc to prove you have met within the last 2 years.
passport sized photos for both USC and UKC (united kingdom citizen)

the instructions for the I-129F will tell you everything you will need but those are what come to my mind straight off.