Pregnant fiance. K1 or K3

[N400fiasco 35]

Hi All, my fiance in India is pregnant and we are expecting a baby in January. My naturalization has been pending for more than a year and I finally have my interview scheduled on Sep 26. (Fingers crossed) will be citizen on that day or at least soon after. My original timeline was to have my fiance join me here by now, but my N400 delay screwed this timing up completely. Now at least the N400 process end is near and it's time to file paperwork for my fiance and my kid.

 

A few questions for any kind soul willing to share some advise:

 

1) Knowing my child will be born in India, is it a good idea to file a K1 or should we marry in India and file a I-130 and K3? Any pros/cons to the approach ?  (I had always thought of going the K1 route, but N400 and pregnancy have forced me to rethink).  My top priority is to have both of them here asap and preferably marry in the US. 

 

2) I have been in the US since Jun 2011 as a permanent resident, so I assume that my child will be a citizen at birth? (assuming USCIS naturalizes me before January! Tick tock!)

 

3) Should I get a lawyer to help with upcoming paperwork? I am usually skeptical about lawyers since I have to double check their work anyway and haven't had particular luck working with good lawyers (based on real estate and divorce lawyer experience only)

 

Thanks for your help!

[Ryan H 3,790]

Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Cyberfx1024 7,978]

26 minutes ago, N400fiasco said:

Hi All, my fiance in India is pregnant and we are expecting a baby in January. My naturalization has been pending for more than a year and I finally have my interview scheduled on Sep 26. (Fingers crossed) will be citizen on that day or at least soon after. My original timeline was to have my fiance join me here by now, but my N400 delay screwed this timing up completely. Now at least the N400 process end is near and it's time to file paperwork for my fiance and my kid.

 

A few questions for any kind soul willing to share some advise:

 

1) Knowing my child will be born in India, is it a good idea to file a K1 or should we marry in India and file a I-130 and K3? Any pros/cons to the approach ?  (I had always thought of going the K1 route, but N400 and pregnancy have forced me to rethink).  My top priority is to have both of them here asap and preferably marry in the US. 

 

2) I have been in the US since Jun 2011 as a permanent resident, so I assume that my child will be a citizen at birth? (assuming USCIS naturalizes me before January! Tick tock!)

 

3) Should I get a lawyer to help with upcoming paperwork? I am usually skeptical about lawyers since I have to double check their work anyway and haven't had particular luck working with good lawyers (based on real estate and divorce lawyer experience only)

 

Thanks for your help!

1. If you want them here quick then file the K1 and marry here. The K3 is hardly ever given out at all, and if you file for that it will convert to a CR1 and the time frame for that is roughly 12-18 months on average. 

 

2. Sorry I don't know about that.

 

3. You can get a lawyer but it won't speed up the process at all. It has actually caused some cases to be delayed due to the lawyer's incompetence. You will still have to do most of the paperwork anyway only to send it to the lawyer for them to "compile it all" and then they send it off. The majority of people on this site do it themselves so we recommend to do that. 

There is a Indian subforum on here if there are any questions that's India specific. You can always come on here if there are any questions. 

 

Oh Congratulations BTW on both the future marriage and the future baby.

Edited September 5, 2017 by cyberfx1024

[N400fiasco 35]

10 minutes ago, cyberfx1024 said:

1. If you want them here quick then file the K1 and marry here. The K3 is hardly ever given out at all, and if you file for that it will convert to a CR1 and the time frame for that is roughly 12-18 months on average. 

 

2. Sorry I don't know about that.

 

3. You can get a lawyer but it won't speed up the process at all. It has actually caused some cases to be delayed due to the lawyer's incompetence. You will still have to do most of the paperwork anyway only to send it to the lawyer for them to "compile it all" and then they send it off. The majority of people on this site do it themselves so we recommend to do that. 

There is a Indian subforum on here if there are any questions that's India specific. You can always come on here if there are any questions. 

 

Oh Congratulations BTW on both the future marriage and the future baby.

Thanks cyberfx1024. Appreciate your response! 

[Cyberfx1024 7,978]

2 minutes ago, N400fiasco said:

Thanks cyberfx1024. Appreciate your response! 

Not a problem, like I said we are here to help.

[N400fiasco 35]

25 minutes ago, cyberfx1024 said:

Not a problem, like I said we are here to help.

Thanks! I have a follow up, I am going to be moving to India soon after my citizenship arrives till the baby is born and maybe a month or two after. Can I go for DCF in this case? 

[dwheels76 5,459]

27 minutes ago, N400fiasco said:

Thanks! I have a follow up, I am going to be moving to India soon after my citizenship arrives till the baby is born and maybe a month or two after. Can I go for DCF in this case? 

India doesn't have DCF.
You can either wait until you are citizen and file fiance' route or Marry now and file. It will be 10 to 12 months for spousal route.

[Frage 67]

Hi I'm surprised that your N-400 is taking so long. I'm an August 2016 filer as well and I took my oath beginning of July. My interview was in May. 

 

I would do K1 thinking it's faster to bring them here. Your child will be citizen by birth so if he or she is born abroad you can report his birth abroad and get his citizenship proof. I'd imagine that makes things easier if getting him or her here. 
https://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

 

Honestly you don't need a lawyer to fill out a bunch of paperwork.

 

Congratulations on the baby and good luck with your naturalization. 

Edited September 5, 2017 by Frage

[N400fiasco 35]

1 minute ago, Frage said:

Hi I'm surprised that your N-400 is taking so long. I'm an August 2016 filer as well and I took my oath beginning of July. My interview was in May. 

 

I would do K1 thinking it's faster to bring them here. Your child will be citizen by birth so if he or she is born abroad you can report his birth abroad and get his citizenship proof. I'd imagine that makes things easier if getting him or her here. 
https://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

 

Honestly you don't need a lawyer to fill out a bunch of paperwork.

 

Congratulations on the baby and good luck with your naturalization. 

Thanks Frage! My N400 got stuck in a "black hole" . There are still some others waiting from the August 2016 thread! I feel bad for all of them.  I am guessing its because IOE system glitches (one can never tell). 

[K1applicant 12]

14 hours ago, N400fiasco said:

Hi All, my fiance in India is pregnant and we are expecting a baby in January. My naturalization has been pending for more than a year and I finally have my interview scheduled on Sep 26. (Fingers crossed) will be citizen on that day or at least soon after. My original timeline was to have my fiance join me here by now, but my N400 delay screwed this timing up completely. Now at least the N400 process end is near and it's time to file paperwork for my fiance and my kid.

 

A few questions for any kind soul willing to share some advise:

 

1) Knowing my child will be born in India, is it a good idea to file a K1 or should we marry in India and file a I-130 and K3? Any pros/cons to the approach ?  (I had always thought of going the K1 route, but N400 and pregnancy have forced me to rethink).  My top priority is to have both of them here asap and preferably marry in the US. 

 

2) I have been in the US since Jun 2011 as a permanent resident, so I assume that my child will be a citizen at birth? (assuming USCIS naturalizes me before January! Tick tock!)

 

3) Should I get a lawyer to help with upcoming paperwork? I am usually skeptical about lawyers since I have to double check their work anyway and haven't had particular luck working with good lawyers (based on real estate and divorce lawyer experience only)

 

Thanks for your help!

I am also pregnant and my American fiance and I are going with a K1 visa because the processing time is much faster, so I would recommend that for you as well. 

 

If you are a US citizen at the time of the child's birth then the child can be registered and you can apply for a US passport thus proving his/her citizenship when entering the US and would not need a visa of any kind to enter. If you are not a citizen at the time of your child's birth then this does not apply. That might be a little more difficult and require a separate (K2?) visa so I hope for your family's sake that you will be a USC at baby's birth. I can't help you much more than that because my daughter's father is an American by birth in the US and has been a USC all his life. Don't assume your child will be a USC though even you are naturalized at birth - that's something you really need to look into. I don't know if being naturalized gives you and your family the same rights to citizenship but I don't see why it wouldn't? I know just being a PR/having a green card does not entitle your children to US citizenship though... someone on here should be able to answer that. 

 

It's a matter of personal opinion I guess but I (and majority on here) have not found a lawyer necessary. They just want to pocket your money. None of the paper work is in any legal jargon that only a lawyer would properly understand. It's tedious but very straightforward. Just requires a lot of work. The only time I would suggest a lawyer is if the couple's second language was English and they wanted to make sure the instructions were followed. Even then, everyone on this site really tried to help each other out which makes it a great resource. Just make sure you read and then reread all instructions VERY carefully. 

 

Good luck!

Edited September 5, 2017 by CanadianMomtobe

[N400fiasco 35]

1 hour ago, CanadianMomtobe said:

I am also pregnant and my American fiance and I are going with a K1 visa because the processing time is much faster, so I would recommend that for you as well. 

 

If you are a US citizen at the time of the child's birth then the child can be registered and you can apply for a US passport thus proving his/her citizenship when entering the US and would not need a visa of any kind to enter. If you are not a citizen at the time of your child's birth then this does not apply. That might be a little more difficult and require a separate (K2?) visa so I hope for your family's sake that you will be a USC at baby's birth. I can't help you much more than that because my daughter's father is an American by birth in the US and has been a USC all his life. Don't assume your child will be a USC though even you are naturalized at birth - that's something you really need to look into. I don't know if being naturalized gives you and your family the same rights to citizenship but I don't see why it wouldn't? I know just being a PR/having a green card does not entitle your children to US citizenship though... someone on here should be able to answer that. 

 

It's a matter of personal opinion I guess but I (and majority on here) have not found a lawyer necessary. They just want to pocket your money. None of the paper work is in any legal jargon that only a lawyer would properly understand. It's tedious but very straightforward. Just requires a lot of work. The only time I would suggest a lawyer is if the couple's second language was English and they wanted to make sure the instructions were followed. Even then, everyone on this site really tried to help each other out which makes it a great resource. Just make sure you read and then reread all instructions VERY carefully. 

 

Good luck!

Thanks for the advise and congrats on your pregnancy! Hope it all works out soon!

 

I hope I am citizen by the time my child is born else it would make things more complicated . From what I can tell from reading up so far, I should be eligible to claim child as citizen (Consular Report of Birth Abroad)  as long as I meet the physical presence test of 5 years in US (which I will). There at least doesn't seem to be any indication that father should be citizen at time of conception   

[K1applicant 12]

2 minutes ago, N400fiasco said:

Thanks for the advise and congrats on your pregnancy! Hope it all works out soon!

 

I hope I am citizen by the time my child is born else it would make things more complicated . From what I can tell from reading up so far, I should be eligible to claim child as citizen (Consular Report of Birth Abroad)  as long as I meet the physical presence test of 5 years in US (which I will). There at least doesn't seem to be any indication that father should be citizen at time of conception   

Thanks and congrats to you too!

 

No, don't worry at all about conception. Just birth

[jan22 2,898]

14 hours ago, dwheels76 said:

India doesn't have DCF.
You can either wait until you are citizen and file fiance' route or Marry now and file. It will be 10 to 12 months for spousal route.

India does, in fact, have a regional office in New Delhi and, therefore.offers DCF to US citizens residing in India.  I don't know how they define "residing", so you will need to checknow to see if you meet their definition, if you choose to try to do th I s.

[geowrian 22,335]

2 minutes ago, jan22 said:

India does, in fact, have a regional office in New Delhi and, therefore.offers DCF to US citizens residing in India.  I don't know how they define "residing", so you will need to checknow to see if you meet their definition, if you choose to try to do th I s.

Yes it does: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

I think the requirement is at least 6 months physical presence and to be able to obtain a document stating residency....but I'll defer to others who have gone through the DCF process there as this is specific to each embassy.

[Ryan H 3,790]

21 hours ago, dwheels76 said:

India doesn't have DCF.

 

Incorrect, see previous two posts.