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K-1 help! - Marriage and Immigration, Oh My!

About K-1 help!

Previous Entry K-1 help! Mar. 2nd, 2009 @ 03:17 pm Next Entry
Name (or LJ Username): Cheyenne
Bride/Groom/Other: Bride
Partner's name: Jason
Age: 18, hes 26.
What country are you from: Canada
What country is your partner from: America
Who's going where (immigration wise): I'm immigrating to the states seeing as how hes not allowed to cross..
Anticipated Wedding Date: Whenever everything gets sorted out.
Anything you want to tell us about your visa status or type: N/A
What's your story?

alright so after jason tried to get across the border into canada, he got denied due to criminal charges from the past. so ive decided to immigrate to the states. we have a 1 month old who was born in canada. im getting really frustrated with trying to figure out what to do. i called u.s immigration and they were absolutly no help at all. for ex, i asked where i can get the K-1 form and all i got was "us consulate".. we're getting really frustrated and at this point its starting to seem really hopeless. can anyone help? please?
a couple questions ive been meaning to get answered;
-which would be better in our case, for me to go to the states and get married and then he files the spouse form? or just go for the K-1?
-after submitting the K-1 form, can i visit while it is in progress?
-if it gets rejected can i still travel to the states to visit or am i going to be "red-flagged"?

i'm realling starting to feel negative about the whole thing.. we just really need some advice on what we should do.
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[User Picture Icon]
Date:March 2nd, 2009 09:50 pm (UTC)
I'd start with the USCIS page-the instructions for filing are there and there are links to the forms. It looks like the first thing that needs to be done is for him to file an I-129 with the USCIS office near where he lives.

What I'm unsure about is your child-I'm not sure whether or not the child needs a visa or not because the baby is the child of a US citizen but you're not married yet. You may want to talk to someone at the US Consulate near you about this.
[User Picture Icon]
Date:March 3rd, 2009 04:06 am (UTC)
Have you tried www.visajourney.com? That website was very helpful to me for my K-1, AOS and then lifting of conditions. I also migrated to the States

- Can't answer you for this question
- After I submitted my K-1, I visited my then-fiance with no issues at all. However, I did have proof of ties (such as a letter from my employer, bank records, etc) just in case they needed any
- Not sure about this too.

For the K-1 process, the US Citizen/ PR has to initiate the process.

Good luck!
[User Picture Icon]
Date:March 3rd, 2009 06:38 am (UTC)
I second www.visajourney.com.

You do NOT want to just go on a tourist visa and get married and hope for the best. That is, of course, unless you want an even more difficult interview process when the time comes around.

I'm not an attorney, but here's my advice: Get a K-1 visa and submit your application for the travel permit at the same time. You're already going to have a bit of a more difficult interview simply because of his record, so you don't want to make it more difficult on yourselves.

As for your child, I'm assuming you have yet to register his/her birth with the US consulate seeing as he's not allowed to enter the country. You should definitely contact the consulate, though, to see about what sort of waivers you can get to file your baby's birth without the father being present. If nothing else, I am sure you should be able to find something through an internet search.

All the best~
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