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K1/pregnant. HELP, all Konfused! :)

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  • K1/pregnant. HELP, all Konfused! :)

    My fianc? is currently in her home country and is 4 months pregnant with my child. Starting K1 visa process, and am confused as to best approach, can someone here HELP / give advice?

    Circumstances:

    - I am a US citizen;

    - fianc? has 2 more years left on her B1 tourist visa and can enter US;

    - it is a hardship for me to travel to her home country, I would like to stay in USA if possible;

    - i129 has not been filed yet.



    Questions:

    - What is the best way to proceed:
    ? go after K1, give birth to child in foreign country? If so, do I need to travel there to register child as US citizen at embassy or can I do it remotely somehow while we wait for K1 to be approved?
    ? have her come over on her B1, have child in USA and marry later in the year?
    ? other options?

    - What are the pros and cons to each option below?

    - Any other advice for an efficient process to follow that will take care of child's citizenship and legal marriage?



    Many thanks in advance to everyone who responds!

  • #2
    Originally posted by subarusrus View Post
    My fianc? is currently in her home country and is 4 months pregnant with my child. Starting K1 visa process, and am confused as to best approach, can someone here HELP / give advice?

    Circumstances:

    - I am a US citizen;

    - fianc? has 2 more years left on her B1 tourist visa and can enter US;

    - it is a hardship for me to travel to her home country, I would like to stay in USA if possible;

    - i129 has not been filed yet.



    Questions:

    - What is the best way to proceed:
    ? go after K1, give birth to child in foreign country? If so, do I need to travel there to register child as US citizen at embassy or can I do it remotely somehow while we wait for K1 to be approved?
    ? have her come over on her B1, have child in USA and marry later in the year?
    ? other options?

    - What are the pros and cons to each option below?

    - Any other advice for an efficient process to follow that will take care of child's citizenship and legal marriage?



    Many thanks in advance to everyone who responds!
    K1 route would be the option to proceed with,

    If she enters on a B1 they'll ask the reason for her visit and she will have to answer honestly, if they find out her fiance is in the US they'll more than likely deny her entry into the US.
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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    • #3
      I came to US on a K1 visa but I know of married couples where one spouse came to the US on B1 and 3 months later, his wife applied for his adjustment of status claiming that they changed their mind and have decided to live in the US. They had been married for 3 years and he was able to get a green card inspite of B1 status.

      Our lawyer had also suggested that I can come on B1 and after 2 months get married and file adjustment of status but you have to give a good reason for why you came on B1 and got married suddenly. We chose to do the K1 process to avoid any conflict. I suggest consult a lawyer to get their opinion since your fianc?e is pregnant.

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