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Yet Another K1 Question

Yet Another K1 Question

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Old Mar 29th 2007, 11:26 am
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Default Yet Another K1 Question

Hi everyone,

First let me explain my situation. I am UK citizen and my girlfriend is a US citizen. We met last September whilst i was in the US on a training course (i work for a US based company in one of their UK offices). Since then we have been in touch everyday and have both fallen in love with each-other. She recently came to visit me in the UK and we hit-it off big time and started to discuss marriage/immigration to the US through the K1 route. The plan was for me to visit her again in the US so that i could meet her immediate family and friends before announcing our plans to marry and for me to return home and start the immigration process. However we have just found out that following our recent liason in the UK she is pregnant, something which came as a huge shock but something which we are both very happy about Because of this news we are now both very keen to speed the whole immigration process up as much as possible, or at least make it possible for us to be together for as much of the pregnancy as possible. I have read around the K1 process and i think i fully understand it, and i'm certain there will be no issues regarding her being able to petition for me (she has never been married and is in a good, full-time, well paid job), however i have a couple of questions/concerns:

Is there anyway of speeding up the K1 process due to our circumstanses? I know that the timeline is usually around 6-9 months, which will be cutting it fine for me making it in time for the birth. Is US immigration likely to be sympathetic to our circumstances?

Also, will my personal circumstances slow this process down even more - i have a criminal record for a number of minor offences committed a number of years ago? These however have not prevented me from obtaining a tourist visa (B1/B2 i can't remember off the top of my head which one it is) to visit the US.

Is there another route we could pursue which is quicker than the K1 route? We are just desperate to be together as soon as possible. I could possibly talk to my employer about a possible inter-company transfer - would this route be any quicker bearing in mind my afforementioned criminal record?

It is my intention to visit her as much as possible during the pregnancy/after the initial petition (I-129f) has been submitted (if we continue on the K1 route). When entering the US should i tell the truth about our impending marriage and risk being refused entry (i have good material ties to the UK, house, good job etc..) or should i use the "she's just a friend" line.

It could be feasible for her to move to the UK however she already has a young daughter from a previous relationship so i'm reluctant to pursue this.

Any advise on these issues would be very greatfully received.

Thanks for taking the time

Alan
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Old Mar 29th 2007, 12:09 pm
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Default Re: Yet Another K1 Question

Is there anyway of speeding up the K1 process due to our circumstanses? I know that the timeline is usually around 6-9 months, which will be cutting it fine for me making it in time for the birth. Is US immigration likely to be sympathetic to our circumstances?
No. The pregnancy of the sponsor or the beneficiary does not push the couple's petition/application to the front of the line or to the top of the pile. Unfortunately, poor planning on your part does not constitute an emergency on the US government's part. Sorry.

Also, will my personal circumstances slow this process down even more - i have a criminal record for a number of minor offences committed a number of years ago? These however have not prevented me from obtaining a tourist visa (B1/B2 i can't remember off the top of my head which one it is) to visit the US.
They could. Best to check with a qualified immigration attorney.

Is there another route we could pursue which is quicker than the K1 route? We are just desperate to be together as soon as possible. I could possibly talk to my employer about a possible inter-company transfer - would this route be any quicker bearing in mind my afforementioned criminal record?
I don't know if an L1 is faster than a K1, but if it is it probably isn't by much. That's just a guess, though. You could marry while here on the VWP or tourist visa, but then you'd just have to turn around to go home to start the spousal visa process. Either way there's going to be separation.

Of course, another option is for her to emigrate to the UK, which I understand is a much simpler and much quicker process than the other way around.

It is my intention to visit her as much as possible during the pregnancy/after the initial petition (I-129f) has been submitted (if we continue on the K1 route). When entering the US should i tell the truth about our impending marriage and risk being refused entry (i have good material ties to the UK, house, good job etc..) or should i use the "she's just a friend" line.
If asked, you should ALWAYS tell the truth. Number one rule of anyone going through any stage of US immigration.

It could be feasible for her to move to the UK however she already has a young daughter from a previous relationship so i'm reluctant to pursue this.
Aaah... Well, if you want things done fast, that's probably the way to go. Not sure how her child fits in to all that, though, custody issues, etc. Again, best to seek the counsel of a good immigration attorney.

~ Jenney
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Old Mar 29th 2007, 12:14 pm
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Default Re: Yet Another K1 Question

If his company is on the ball and really wants to transfer him, an L1 might be the way to go - likely to be much quicker than spousal or fiance visa. Though the criminal issues could of course delay things. He really needs to consult an attorney.
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Old Mar 29th 2007, 12:54 pm
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Default Re: Yet Another K1 Question

Originally Posted by lofty79
She recently came to visit me in the UK and we hit-it off big time...
Yes, so it seems!


However we have just found out that following our recent liason in the UK she is pregnant, something which came as a huge shock...
Do the words "safe sex" ring a bell. How on earth can her pregnancy come as a "huge shock" when you were obviously playing a game of roulette?


Is there anyway of speeding up the K1 process due to our circumstanses?
No. If there was a way, everyone would do it.


Is US immigration likely to be sympathetic to our circumstances?
It's better that you know now... USCIS has no sympathy whatsoever.


i have a criminal record for a number of minor offences committed a number of years ago?
Geez... you're just not having a good week, are you?


We are just desperate to be together as soon as possible.
Ah... the hallmark of immaturity - desperation.


When entering the US should i tell the truth...
I really appreciate your post today... I'm going to get my entire day's quota of smirking with just your response!


It could be feasible for her to move to the UK however she already has a young daughter from a previous relationship...
So sad... the bloom has faded off the rose! Was she married to the guy?

Ian
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Old Mar 29th 2007, 1:32 pm
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Default Re: Yet Another K1 Question

Thanks for your replies - obviously your compassion knows no bounds

The circumstances of the conception are not really open for debate but trust me it was a shock!

All i am asking for is a little bit of advice and merely thought that offering up all the facts as best i can would avoid all the obvious "why doesn't she move to the UK", "are you sure she's eligible to petition for you" and "try using google" responses.

And in response to the "Was she married to the guy?" try reading the first paragraph of my post again, specifically the last couple of lines.

Thanks again

Alan
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Old Mar 29th 2007, 1:41 pm
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Ignore Ian's sermon - he's a sanctimonious prick
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Old Mar 29th 2007, 2:40 pm
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Default Re: Yet Another K1 Question

Originally Posted by ian-mstm
It's better that you know now... USCIS has no sympathy whatsoever.
Just to back this up with a little story. I had my AOS interview a couple of years ago, scheduled for 2:15. Get there at 2:00, at 3:30 we get called. Go through the swearing in and that jazz and the first thing the officer said was, and I quote "We lost your photos so when we're done you'll have to go and get some more, but we close at 4:00 so you'll have to be quick"
So the interview finishes just after 3:50 so I leg it to the nearest place and get the photos. Leg it back and get to the building at about 3:59 and was greeted at the building door by the officer leaving, all smiles and jokes with a bunch of other people who work there. She takes a look at me and says "Better be quick, they'll lock the door in about 30 seconds. So I have to go through the security and get to the 9th floor or whatever it was in 30 seconds. I get up there and they are locking the door. I try to explain what happened and the guy wouldn't let me in claiming it was after 4 and there was nothing he could do, even though it was 100% their fault. Even explaining that they had my passport, which I can see sitting on the counter, didn't help. Luckily, one of the 2 or 3 nice, knowledgeable and helpful employees of USCIS I've met saw me and yelled at the guy to let me in and it all got sorted. However it could have been a different story and lead to more headaches.

They don't know you, they don't care about you and they don't owe you anything. You may find a few people who actually care but generally they are the people who really can't help you much. Overall you are a piece of paper to them and will get processed like anyone else.
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Old Mar 29th 2007, 3:20 pm
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Default Re: Yet Another K1 Question

Originally Posted by Duncan Roberts
Just to back this up with a little story. .............Overall you are a piece of paper to them and will get processed like anyone else.
All I can say, if this is the worst you've experienced with USCIS, you have led a very sheltered life... 'More headaches' indeed - thank your lucky stars!
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Old Mar 29th 2007, 3:50 pm
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Default Re: Yet Another K1 Question

Originally Posted by lofty79
Is there anyway of speeding up the K1 process due to our circumstanses?
No.

I know that the timeline is usually around 6-9 months, which will be cutting it fine for me making it in time for the birth. Is US immigration likely to be sympathetic to our circumstances?
No.

Also, will my personal circumstances slow this process down even more - i have a criminal record for a number of minor offences committed a number of years ago?
Possibly.

Is there another route we could pursue which is quicker than the K1 route?
Perhaps the L1 might be quicker, check with your employer.

When entering the US should i tell the truth about our impending marriage and risk being refused entry (i have good material ties to the UK, house, good job etc..) or should i use the "she's just a friend" line.
Always, always, always tell the truth, but only answer the questions asked, don't offer your own information.

Best Wishes,
Rene
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Old Mar 29th 2007, 3:50 pm
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Default Re: Yet Another K1 Question

Originally Posted by Elvira
All I can say, if this is the worst you've experienced with USCIS, you have led a very sheltered life... 'More headaches' indeed - thank your lucky stars!
Probably not the worst, but in terms of flaunting the fact that they don't care in your face, it probably was. I blank the rest out!
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Old Mar 29th 2007, 3:57 pm
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Default Re: Yet Another K1 Question

Thanks for the replys guys, i really do appreciate it. I guess this is exactly what i was expecting but i thought there'd be no harm in asking.

I will speak to my employer about the possibility of inter-company transfer if that may be quicker. Either way it looks like i have a lot of fun and games ahead.

Cheers

Alan
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Old Mar 29th 2007, 5:31 pm
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Default Re: Yet Another K1 Question

Originally Posted by lofty79
And in response to the "Was she married to the guy?" try reading the first paragraph of my post again, specifically the last couple of lines.
Hmmm... that bit slipped right past me! How odd. I once knew a girl (well, not in the biblical sense) with 3 children from 3 different men... never married to any of them. She had 3 child support payments coming in and was leading quite the life of leisure. I asked her about this, and she said if she planned it carefully enough, she could still have another few kids and retire before she was 45 just on the support payments.

Well, this probably isn't your situation, but it makes for a good story at a party.

Ian
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Old Mar 29th 2007, 5:52 pm
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Default Re: Yet Another K1 Question

Sanctimonious one,

I came on here to try and garner some useful advice regarding the immigration process, not to have our personal circumstances critiqued by someone who knows bugger-all about them.

But thanks anyway

Alan
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Old Mar 29th 2007, 5:59 pm
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Exclamation Re: Yet Another K1 Question

Originally Posted by lofty79
Sanctimonious one,

I came on here to try and garner some useful advice regarding the immigration process, not to have our personal circumstances critiqued by someone who knows bugger-all about them.

But thanks anyway

Alan
<<<hint>>>

BE is an *extremely useful* resource. There are a lot of helpful people here. Ian is *sometimes* one of them. But you have to take the rough with the smooth.

Ray's sticky on :How to survive in the Lounge" is also useful for other sub-forums at BE...

HTH!
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