Fiance visa for a pregnant girlfriend?

[tnv 0]

Ok, I'm asking this question on behalf of somebody else, so here are the details as I understand them.

This guy (US citizen) got his girlfriend (Mexican citizen) pregnant when she was here on a tourist visa, and one way or another she's in Mexico now. They want to get married, and he needs to know if he can pull off a fiance visa in this case. The baby is due at the end of May, so they're not sure what their options are.

What do you guys think? Has anyone been in this situation?

TIA

[Dan J 277]

Ok, I'm asking this question on behalf of somebody else, so here are the details as I understand them.

This guy (US citizen) got his girlfriend (Mexican citizen) pregnant when she was here on a tourist visa, and one way or another she's in Mexico now. They want to get married, and he needs to know if he can pull off a fiance visa in this case. The baby is due at the end of May, so they're not sure what their options are.

What do you guys think? Has anyone been in this situation?

TIA

They can use any visa option, being pregnant will not affect the visa. But it will also not expedite it, so its very likely that the child will be born in Mexico.

[eric_and_teresa 10]

If they get married they can not apply for a fiance visa (K-1), they would have to apply for a spouse visa (K-3) or for CR1/IR1.

In any case, the baby will be born before the visa is granted, unless they are lucky but as the above poster said the pregnancy wont make a difference for the process.

Edited January 4, 2008 by eric_and_teresa

[YuAndDan 153]

Any visa option is OK, being pregnant has no berring on the visa process.

If the child is born before visa issuance, and the child has one parrent that is US Citizen, then get the birth registered at nearest US Consulate, the child will be issued a US Birth Abroad Cert, and a US passport, allowing the child to enter the USA as a US Citizen.

http://ciudadjuarez.usconsulate.gov/wwwhacco.html

[tnv 0]

If they get married they can not apply for a fiance visa (K-1), they would have to apply for a spouse visa (K-3) or for CR1/IR1.

In any case, the baby will be born before the visa is granted, unless they are lucky but as the above poster said the pregnancy wont make a difference for the process.

So if they apply for a fiance visa, the baby is born, and then the fiance visa is granted, she can come to the US to get married? (in that order)

[YuAndDan 153]

If they get married they can not apply for a fiance visa (K-1), they would have to apply for a spouse visa (K-3) or for CR1/IR1.

In any case, the baby will be born before the visa is granted, unless they are lucky but as the above poster said the pregnancy wont make a difference for the process.

So if they apply for a fiance visa, the baby is born, and then the fiance visa is granted, she can come to the US to get married? (in that order)

Correct, and if you are the babie's biological parrent, the baby is considered a US Citizen and should be registered at the consulate to get US passport. NO K-2 visa needed for baby.

[tnv 0]

If they get married they can not apply for a fiance visa (K-1), they would have to apply for a spouse visa (K-3) or for CR1/IR1.

In any case, the baby will be born before the visa is granted, unless they are lucky but as the above poster said the pregnancy wont make a difference for the process.

So if they apply for a fiance visa, the baby is born, and then the fiance visa is granted, she can come to the US to get married? (in that order)

Correct, and if you are the babie's biological parrent, the baby is considered a US Citizen and should be registered at the consulate to get US passport. NO K-2 visa needed for baby.

Ok thanks. What does the father need in order to prove to the consulate that he is the father?

Edited January 4, 2008 by tnv

[*JG* 2]

If they get married they can not apply for a fiance visa (K-1), they would have to apply for a spouse visa (K-3) or for CR1/IR1.

In any case, the baby will be born before the visa is granted, unless they are lucky but as the above poster said the pregnancy wont make a difference for the process.

So if they apply for a fiance visa, the baby is born, and then the fiance visa is granted, she can come to the US to get married? (in that order)

Depends on if/how Catholic the girlfriend is. Family may pressure for marrying in Mexico before the baby is born.

[eric_and_teresa 10]

Ok thanks. What does the father need in order to prove to the consulate that he is the father?

You can find more info. here: U.S. Citizens born abroad

[YuAndDan 153]

Depends on if/how Catholic the girlfriend is. Family may pressure for marrying in Mexico before the baby is born.

Yes it is best to discuss this with GF and get her take on this, if needed yes marry first, and then file I-130 for a CR-1, and again if baby has one parent that is US Citizen, get the birth registered.

I would recommend the CR-1 over the K-3 because the cr-1 costs less, and results in a green-card upon entry to the USA, the K-3 needs to adjust status ($1010) and has to wait a long time for work authorization (EAD)

[eric_and_teresa 10]

Yes it is best to discuss this with GF and get her take on this, if needed yes marry first, and then file I-130 for a CR-1, and again if baby has one parent that is US Citizen, get the birth registered.

I would recommend the CR-1 over the K-3 because the cr-1 costs less, and results in a green-card upon entry to the USA, the K-3 needs to adjust status ($1010) and has to wait a long time for work authorization (EAD)

I agree, CR1 may be the best option. Taking also into consideration, that if the baby is born from parents that are not married, they will have to complete certain requirements such as affidavits of paternity, statement of support and/or other sworn statements from the parent who is the U.S. Citizen, in order for the baby to be granted a U.S. passport.

[tnv 0]

Thanks for your help everybody. I almost wish I had more visa problems because people at this site are so helpful!

[Jeraly 4]

Lol - be careful what you wish for!!