help with us visa.

c-90

hi, im 18 years old and a year ago i met the most wonderfull amazing girl ever. she lives in ohio and ive been to see her for a totall of 8 weeks since last september. we were looking into what it would take to obtain a k-1 visa and we began to compile evidence and picture, letters and documents ect but we decided to wait for a year or so because they'll probably deny us because im only 18 and shes only 17.

but she became pregnant the last time i was there, febuary. that means i have 9 months to get some sort of visa sorted out. will our age really hinder us that much? will her being pregnant provide a problem or opposite? is a k-1 visa the correct visa to obtain in this case?

thanks in advance for any help i greatly appriciate it.:)

silja

Congrats on the impending arrival!

The K1 visa is fine, or if you want to be sure to get married before baby gets here, you may consider going over on the visa waiver, getting married, then come back and apply for a CR-1 (spousal visa). The reason I am saying that is two fold:
- Both visas take about 6-8 months to process. So if you get going soon, you may make it in time for the birth of the baby, but you may not.
- A K-1 means you need to Adjust Status once you are married; thismeans more paperwork, mopre fees, and about 3 months in the USA where you cannot work (babies are expensive!).

The age thing may raise a couple of extra questions at the interview, but should not be a major thing, assuming it is legal for 17 year olds to get married in the state your fiancee lives in. The main thing they will look for is:
- making sure your relationship is bonafide. Just because you have a child together doesn't mean your visa will be approved; you will need to show photos together, ticket stubs from wheny ou went to see her, print out emails, chat logs, keep letters and recipits from presents you send eachother etc.
- Make sure you don't become a public charge. This means you will need a financial sponsor who makes at least 125% of the US poverty guidelines for their household and you. I am assuming your fiancee is a student and makes little to no salary? If so, you can get a co-sponsor, such as her parents or a friend.

c-90

thank you!!

if theres one thing we have alot of its emails, tickets, phone records, chatlogs and letters. and pictures.

we have permission from her parents to get married which is required under 18 in ohio.

i have family in new york that could possibly sponcor me.

ill go into the embassy in dublin as soon as i can and try get some forms and get her to do the same!

silja

You can't go to the embassy without an appointment, but their website and the USCIS website has everything you need; http://travel.state.gov/visa/immigrants/types/types_2994.html The process has two stages, thre first stage is up to your US fiancee, who will needto fill in some forms.

c-90

thank you!,

i was looking up the cr-1 visa and it said we can get married first and then apply for adjustment of status but while on the way to the us not so long ago i was told by the tsa officers in the airport i cant marry her till i apply for the correct visa. does that mean i have to illegally get married to her? or were they just covering themselfs

another question is am i allowed to visit her on the visa waiver program while the visa is being processed or do i have to stay in ireland until the whole process is over???

Molly

I'm not sure about the visa you're applying for but for H1 and L1 visa's you cannot enter or leave the US while you have a visa being processed. Thus I would assume the same applies to your visa.

silja

What the TSA officers meant is that it is illegal for you to go over to the USA on the visa waiver program, get married, and stay- that is immigration fraud and could lead to a life time ban. You are allowed to go over on the visa waiver and get married (Vegas baby!), but you must leave before the 90 days of the visa waiver are up.

You are allowed to visit while the K1 or the CR-1 sare in process. However, the immigration officers at the airport may be a bit suspicious that you will try and stay ilegally as you clearly want to go live there by applying for a visa. So bring lots of proof that you will return home, such as a letter from your employer stating when you are expected back, proof of enrollment in university, bills or a lease if you are renting and such things.

rockonollie

going over to get married on the visa waiver program is a sticky subject. Technically it's illegal to enter the US, and pretty much every country, for reasons other than what your visa states. ie. the visa waiver program is for the traditional tourist visa, but entering the US on a tourist visa with the intention of getting married is technically an immigration offense. But there's nothing wrong with entering the US as a tourist and getting the sudden urge to get married while you're there.;) It's a pretty easy as long as you're in a state without a waiting period.

c-90

i think we'll go with the k-visa. it might take a little bit more work and take longer before i can work but we havent very many shared assets and thats what they want to see for a cr-1 as far i can tell from research. we have lot more evidence to be sent with a k-1 also. too much at stake to loose by applying for the cr-1.


maybe i should start a new thread for this but can anyone tell me if there is a different form for a co-sponcor. and does the co sponcor have to be realted to her, because i have family in new york that are willing to co-sponcor me.

silja

The forms for the sponsor (you) and co-sponsor are the same; it's the I-134 for the K1 visa, and then the I-864 for Adjustment of Status after you are married. Good luck!

c-90

agh, just realised the sponsor has to be 18 to sign the i-134. shes only 17 and wont be 18 till next september. kinda ****s things up big time . the baby will more than likely be over a year old by the time i get to live there, if at all.