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Saisu990

K1 FILED, BUT FIANCE WAS PREGNANT AND CHILD ALREADY BORN

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Filed: K-1 Visa Country: Kazakhstan
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First off, thank you guys for taking time to read and answer my question. 

My situation is this, I have filed my K1 visa. I am now at the point where I need to submit our G325 forms and proofs of relationship. So here is what gets trickier, during the process my fiance was pregnant and we just had a newborn. (Thanks! Its a baby girl). My fiance is going through a very emotional stage, she doesn't want to register the child as a U.S citizenship yet because she is afraid that our relationship will go bad and then I will claim all legal rights of the baby once she gets into the states. 

My question is this:What do I do now? Do I have a new form for my baby's behalf? Or do I need to file a new k1 visa with the baby listed?

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Filed: K-1 Visa Country: Morocco
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Your fiancé does know you can't claim all legal rights to a child just because the child has citizenship right? Unless a court deems your fiancé a danger to the child and strips her of her rights you can never claim all legal rights. By the way the child is not property and the term for the "legal rights" is custody.  Brining the baby here as a US citizen would be the best and easiest way I'm sure.  

 

Not that you were asking for advice but is kind of alarming...your fiancé doesn't trust your relationship which would make me think again before going through this.  I personally would be a little upset if my husband told me he didn't want the baby to be a citizen because our relationship could go south. So she gets to keep the baby as a citizen of where she is from? Seems a little strange. Good luck. 

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Filed: Citizen (apr) Country: Canada
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The child is a USC you have no other option to bring the child but through CRBA. That is if you meet all the requirements. 

 

There is nothing wrong with her being apprehensive. I bet she has heard one too many stories of the fiance arriving just to find out the USC doesn't want to marry leaving her no choice to leave. If the father of the child says she can't take the kid with her then she can't. That is something we see on here all the time. 

 

Can you reassure her you will get married right away and file her AOS? Maybe you can also change to a CR1 visa then she gets her GC on entry and her fear of having to leave without her child is no longer there. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Dual citizenship for the child, maybe?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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