Filing the 1-129F when beneficiary is pregnant

[K1applicant 12]

Hello. I am Canadian and my fiance is American. We are filing the K1 Fiance visa and have a less than straightforward situation. I am 8 months pregnant which complicates the form a bit. In the section "does the beneficiary have children?" the answer is not quite a yes (until her october due date) because I can't provide a date of birth but also not a no? The child is my fiance's so she will be eligible for dual (hoping that exempts up from having to file that separate k2 form for the children of beneficiary's??). Should I just check 'yes' to the question as to whether or not I have children, leave the section blank and use the 'additional information' part at the back to explain that I'm pregnant and give her estimated due date? I have included in our stack of evidence pictures a sonogram of our little girl and pictures of us both with my big belly. Any advice truly appreciated! Trying so hard to avoid a lawyer when we have so much we need to buy for the baby. 

[Cyberfx1024 7,978]

4 minutes ago, CanadianMomtobe said:

Hello. I am Canadian and my fiance is American. We are filing the K1 Fiance visa and have a less than straightforward situation. I am 8 months pregnant which complicates the form a bit. In the section "does the beneficiary have children?" the answer is not quite a yes (until her october due date) because I can't provide a date of birth but also not a no? The child is my fiance's so she will be eligible for dual (hoping that exempts up from having to file that separate k2 form for the children of beneficiary's??). Should I just check 'yes' to the question as to whether or not I have children, leave the section blank and use the 'additional information' part at the back to explain that I'm pregnant and give her estimated due date? I have included in our stack of evidence pictures a sonogram of our little girl and pictures of us both with my big belly. Any advice truly appreciated! Trying so hard to avoid a lawyer when we have so much we need to buy for the baby. 

No, answer truthfully as having no kids. Because once the child us born you can file for CRBA to register your baby as a American citizen and they won't need a visa.

[K1applicant 12]

57 minutes ago, Kumar01 said:

Yeah, this time you can take the literal meaning of the question about having children.  You do not currently have a child. The future child is born to an American citizen parent so has rights to us citizenship (in most situations).

Okay, interesting. So in other words answer "no" and then just get her a US passport when she's born? I would also be showing up to the interview either very pregnant if it occurs in the next 8 weeks or with a newborn baby if it takes place after. And I am including sonogram/pregnancy photos in my evidence pile so they will deduce that I am pregnant. Thank you!

[K1applicant 12]

1 hour ago, cyberfx1024 said:

No, answer truthfully as having no kids. Because once the child us born you can file for CRBA to register your baby as a American citizen and they won't need a visa.

Okay. So it's not weird to answer no but then obviously (in my evidence pile pictures) be pregnant? I'm just worried about confusing them and them thinking I'm withholding information. With a baby coming soon we don't want any delays of course... I guess also I'm confused about it because at the time of filing (now) I do not technically have a child (confusing though because afters 24 weeks gestation the fetus is considered a person because it is viable) but by the time they interview me and definitely by the time I receive the visa I will have a child. Does this mean when she's born I should alert them to the change? I wonder how it works when you state no children at the time of application and that changes during the application process... Sorry for the paragraph and thanks for your help!

Edited August 19, 2017 by CanadianMomtobe
more info

[ch3john 308]

As others have said, the answer is "no". Once the baby is born file for CRBA and US Passport

We were in the exact same situation. Our son was born early September and my wife's K-1 interview in mid October and she went to the interview with our baby and no questions asked. 

Edited August 19, 2017 by ch3john

[K1applicant 12]

Just now, ch3john said:

As others have said, the answer is "no". Once the baby is born file for CRBA and US Passport

Yeah, it definitely makes sense to answer no. I'm just a little confused about it because this fact will change during the application process. Do I let them know when she is born that I now have a child? Or are they asking about a beneficiary's children because of the K2 form and therefore that does not apply to me? 

[K1applicant 12]

4 minutes ago, ch3john said:

As others have said, the answer is "no". Once the baby is born file for CRBA and US Passport

We were in the exact same situation. Our son was born early September and my wife's K-1 interview in mid October and she went to the interview with our baby and no questions asked. 

Oh sorry I answered you before I read the rest of your comment! Wow, so great to hear from someone who was in the exact same situation. I will definitely just answer "no" then. Just one more question if you don't mind - did your wife (congrats by the way on the visa and baby) include her pregnancy via pictures in your "evidence"? Thanks a lot

[ch3john 308]

2 minutes ago, CanadianMomtobe said:

Oh sorry I answered you before I read the rest of your comment! Wow, so great to hear from someone who was in the exact same situation. I will definitely just answer "no" then. Just one more question if you don't mind - did your wife (congrats by the way on the visa and baby) include her pregnancy via pictures in your "evidence"? Thanks a lot

I think I was adding that last part as you were replying, haha

No, we didn't include any pregnancy pics or anything related to our baby as evidence. 

 

Good luck to you and hope all goes well 

[JFH 12,189]

Why do think they need to see pictures and sonograms? You really are making this into something it is not. You currently have no children so answer no. Medics may deem a pregnancy viable after 24 weeks but for immigration purposes a person only exists if they have been born and are alive at the time the question is asked. Why do you think they will be surprised that a woman of child-bearing age and in a loving relationship and contemplating marriage is pregnant? People get pregnant every day. You're imaging all sorts of scenarios that just won't happen. 

[K1applicant 12]

6 minutes ago, JFH said:

Why do think they need to see pictures and sonograms? You really are making this into something it is not. You currently have no children so answer no. Medics may deem a pregnancy viable after 24 weeks but for immigration purposes a person only exists if they have been born and are alive at the time the question is asked. Why do you think they will be surprised that a woman of child-bearing age and in a loving relationship and contemplating marriage is pregnant? People get pregnant every day. You're imaging all sorts of scenarios that just won't happen. 

Whoa what are you talking about "imagining scenarios"? I'm not imagining anything I have described my exact situation in detail and I'm just asking questions as to how to best go about it. Where did I say I thought they would be "surprised by my getting pregnant"? And for all I know they might go by what the medical community says and consider this is a child.. I just don't know that's why I'm on a forum asking these questions because that's what these forums are for.. to ask questions. No idea what your rant is about but if you're not here to offer some useful advice then keep it moving. 

 

And to answer your question about why I would think to include pictures of sonogram.. uh, why wouldn't I? We have the burden of proof in regards to showing it's a real relationship and that we've met in the last two years. A pregnancy will answer both those questions quite sufficiently, no?

Edited August 19, 2017 by CanadianMomtobe
spelling

[JFH 12,189]

1 minute ago, CanadianMomtobe said:

Whoa what are you talking about "imaging scenarios"? I'm not imagining anything I have described my exact situation in detail and I'm just asking questions as to how to best go about it. Where did I say I thought they would be "surprised by my getting pregnant"? And for all I know they might go by what the medical community says and consider this is a child.. I just don't know that's why I'm on a forum asking these questions because that's what these forums are for.. to ask questions. No idea what your rant is about but if you're not here to offer some useful advice then keep it moving. 

I'm trying to calm you down. You are wondering about "being accused of withholding information" (see your post above), which is serious stuff. That's not going to happen. The officer may or may not comment on the pregnancy but usually such personal lifestyle choices are left out of the process. For the same reason I wasn't asked why we don't have children. Likely the officer doesn't even care. Even after you were advised that the answer to that question is no, you asked again. So I was just telling you that there will be absolutely no problem if you show up for the interview with a bump, with a baby, with no baby or with no bump. 

 

A matter of more serious concern would be the medical. You may want to delay it until after the baby is born as you are required to have an x ray. 

[K1applicant 12]

1 minute ago, JFH said:

I'm trying to calm you down. You are wondering about "being accused of withholding information" (see your post above), which is serious stuff. That's not going to happen. The officer may or may not comment on the pregnancy but usually such personal lifestyle choices are left out of the process. For the same reason I wasn't asked why we don't have children. Likely the officer doesn't even care. Even after you were advised that the answer to that question is no, you asked again. So I was just telling you that there will be absolutely no problem if you show up for the interview with a bump, with a baby, with no baby or with no bump. 

 

A matter of more serious concern would be the medical. You may want to delay it until after the baby is born as you are required to have an x ray. 

As I say, the mere fact that I am pregnant is obviously helpful when required to prove that you are in a real relationship and have met in recent years. I will definitely have to have the X ray after she is born but luckily that is only 6 - 8 weeks away so by the time I need to be examined she should be here. I wasn't really concerned about being accused of anything - I was more concerned about them being confused and sending our package back/causing a delay. I wasn't really taking it as seriously as perhaps that part sounded. I'm glad they don't care. We don't want them to care. Much easier for me to answer no and just get her a passport, believe me. 

[topazfae 31]

Just don't worry about the baby and the "evidence" of having a relationship.   Having the baby is not the only evidence.  They will rather to see all photos that you both spent together as a couple without the baby.  Some people get pregnant just because they wanted an anchor baby.  If you are emphasizing on the baby, it may raise a flag - why focus on the baby, not your partner.  Leave the baby out of the equation, and focus on your application and have it process without your baby.

 

[Estibaliz 3,037]

As everyone has already said the answer is No.

Don't worry about the change of situation before the interview. You have to fill in the DS-160 during the Embassy stage, so give them the current information on that form when the time comes. Live changes, they understand that.

[K1applicant 12]

11 hours ago, topazfae said:

Just don't worry about the baby and the "evidence" of having a relationship.   Having the baby is not the only evidence.  They will rather to see all photos that you both spent together as a couple without the baby.  Some people get pregnant just because they wanted an anchor baby.  If you are emphasizing on the baby, it may raise a flag - why focus on the baby, not your partner.  Leave the baby out of the equation, and focus on your application and have it process without your baby.

 

Wow, they'd have to have a pretty cynical view to think of a pregnancy as possibly being an "anchor baby".. that thought never occurred to me. You'd have to really desperately want to move to the United States to go through having a baby just to move there lol. Thanks for the insight I would have never thought of it that way.