becoming pregnant after filing k-3

[newlyweds07 0]

I am not pregnant but was just thinking... what would happen if someone filed for a K-3 spousal visa after getting married and then unexpectedly got pregnant before their visa was approved? Would you have to then file for other visa for the baby? What if the baby wasnt born yet and they got approved?

Hmm... its really not relavent to me but I was just wondering. Anyone know what would happen?

[LotofPatience 65]

I am not pregnant but was just thinking... what would happen if someone filed for a K-3 spousal visa after getting married and then unexpectedly got pregnant before their visa was approved? Would you have to then file for other visa for the baby? What if the baby wasnt born yet and they got approved?

Hmm... its really not relavent to me but I was just wondering. Anyone know what would happen?

Don't worry for visa, then... But if the baby is born before travel, air ticket is needed.

[edp333 9]

If the baby is born before you leave, a passport would have to be obtained by the local US Embassy. The baby is considered a US citizen.

Some Embassies will require 125% of poverty level including the unborn baby.

You would also delay the immunization shots until it would be safe for the mother, but before AOS is complete.

[payxibka 10,044]

I am not pregnant but was just thinking... what would happen if someone filed for a K-3 spousal visa after getting married and then unexpectedly got pregnant before their visa was approved? Would you have to then file for other visa for the baby? What if the baby wasnt born yet and they got approved?

Hmm... its really not relavent to me but I was just wondering. Anyone know what would happen?

Don't worry for visa, then... But if the baby is born before travel, air ticket is needed.

Actually if the infant is under two years of age they could travel as a "lap" child and therefore no ticket needed.

[YuAndDan 153]

If baby is born before getting the K-3 and entering the USA, and one of the child's parents is a US citizen then the birth will need to be registered at the US consulate. They will issue a US passport for the baby.

http://travel.state.gov/passport/get/first/first_825.html

http://www.amcits.com/birth_abroad.asp

[payxibka 10,044]

If the baby is born before you leave, a passport would have to be obtained by the local US Embassy. The baby is considered a US citizen.

Not trying to be smart but the above presumes that the father of the child is a US citizen... stranger things have happend...

[lucyrich 20]

If the baby is born before you leave, a passport would have to be obtained by the local US Embassy. The baby is considered a US citizen.

Not trying to be smart but the above presumes that the father of the child is a US citizen... stranger things have happend...

It also assumes that the US Citizen father was living in the US for at least five years, at least two of which were after the 14th birthday. A newly naturalized citizen father or one who had spent too much of his life abroad wouldn't pass on citizenship.

I've heard sad stories where a pregnancy was discovered at the K-3 medical, and the dates were such that it was obvious the petitioner and beneficiary were in separate countries at the time of conception. Someone's got some tough 'splainin to do if that happens.

[newlyweds07 0]

If the baby is born before you leave, a passport would have to be obtained by the local US Embassy. The baby is considered a US citizen.

Not trying to be smart but the above presumes that the father of the child is a US citizen... stranger things have happend...

It also assumes that the US Citizen father was living in the US for at least five years, at least two of which were after the 14th birthday. A newly naturalized citizen father or one who had spent too much of his life abroad wouldn't pass on citizenship.

I've heard sad stories where a pregnancy was discovered at the K-3 medical, and the dates were such that it was obvious the petitioner and beneficiary were in separate countries at the time of conception. Someone's got some tough 'splainin to do if that happens.

haha, ya there would be some tough explaining to do in that situation!

My husband is a US citizen, he was born there and has lived there for his whole life. He works for his family's business so hes been able to spend quite sometime with me up in Canada while we wait our visa process out. We are thinking about starting a family sometime in the future, I'm assuming we'll have our visa by that time but surprises always happen I suppose! So just to make it clear... if we were to have a little "surprise" while waiting for our visa, the baby (although born in Canada) could just apply for a US passport at our local embassy?

[A_&_O 0]

edp333, you indicated that your spouse was not given a visa at the interview. Could you elaborate? I might be in the same boat with you. If you did not post your visa denial in this section, what other forum did you post it...that is, if you posted it?

[lucyrich 20]

My husband is a US citizen, he was born there and has lived there for his whole life. He works for his family's business so hes been able to spend quite sometime with me up in Canada while we wait our visa process out. We are thinking about starting a family sometime in the future, I'm assuming we'll have our visa by that time but surprises always happen I suppose! So just to make it clear... if we were to have a little "surprise" while waiting for our visa, the baby (although born in Canada) could just apply for a US passport at our local embassy?

Yes. I believe the term you want to look for is "Consular report of birth abroad". Search the website of the embassy of the US in Canada for the exact procedure. They may require proof of parentage, and they'll want proof of the father's citizenship and residence. But yes, in the circumstances you've described, the baby would be a US citizen at birth. (and a Canadian Citizen too, I assume)

Oh, and in case you're wondering, pregnancy generally is NOT considered a reason to expedite visa processing. It could even slow things down if you have to wait for the baby's passport paperwork to be processed. A consular report of birth abroad and a baby's passport should take MUCH less time than the visa, but you can't start the process until you have the baby's birth certificate in hand.

[gogo 6]

still confused here, sorry.. let's say (my example) she gets pregnant in China and has a baby.. would that baby count as a citizen of China or US Citizen? I have been in America for 25 years now (since age 3), also a US Citizen too.. also, my I-130 and I-129F (K3) hasn't been approved yet.. so just wondering about this situation.. thanks.. in other words, it seems the baby gets a faster visa (US Passport) than my wife does?

Edited March 25, 2008 by gogo

[lucyrich 20]

still confused here, sorry.. let's say (my example) she gets pregnant in China and has a baby.. would that baby count as a citizen of China or US Citizen?

Whether or not the baby is a Chinese citizen is up to Chinese law. But US law says the baby is definitely a US Citizen at birth, per INA 319. If Chinese law says the baby is a Chinese citizen (probably either because of parentage or birthplace), then the baby would be born a dual citizen.

it seems the baby gets a faster visa (US Passport) than my wife does?

Yep, the baby is a natural born US Citizen, and has the legal right to enter the US, just like any other natural born US Citizen. There's no FBI name check, no bona fide marriage to query, no officer discretion, no grounds of inadmissibility from INA 212, nothing like that. The US allows US Citizens to enter with a lot less bureaucratic paperwork than is required of aliens.

[gogo 6]

I found this (only for China though)

http://beijing.usembassy-china.org.cn/regi...ng_a_child.html

"Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child."

so just like you guys say... 5 years for US Citizen, 2 years of US Citizenship after age 14... and of course before the child's birth..

that's the most ridiculous thing I have ever heard.. so the kid can come, but the mom (in my case) can't?

Edited March 25, 2008 by gogo

[lucyrich 20]

that's the most ridiculous thing I have ever heard.. so the kid can come, but the mom (in my case) can't?

Right. Rephrased, you could say, "so the natural born US Citizen can come, but the alien can't".

In some cases (not implying anything about your case), the alien parent might have factors that would make him/her inadmissible. Things like a criminal record, habitual drug use, previous immigration violations, etc. So it might not only be a matter of how much time is required to get the visa, it could be that the alien can't get the visa at all, ever. Nevertheless, a US citizen has a legal right to enter the US, regardless of the status of an alien parent, and even regardless of the citizen's own background. In the absolute worst case, a citizen might be arrested and jailed upon entry, but a US citizen won't be denied entry to the US.

[edp333 9]

If the baby is born before you leave, a passport would have to be obtained by the local US Embassy. The baby is considered a US citizen.

Not trying to be smart but the above presumes that the father of the child is a US citizen... stranger things have happend...

It also assumes that the US Citizen father was living in the US for at least five years, at least two of which were after the 14th birthday. A newly naturalized citizen father or one who had spent too much of his life abroad wouldn't pass on citizenship.

Yes, the question was concerning applying for a K3 visa and having a baby. It is possible an LCR could apply. I am not aware of too many 16 year olds petitioning for a wife. You are more than welcome to explain the details.

A & O, my wife was put on AR due to a newer process at the Manila Embassy called document verification. The USEM website states a two week delay, but the program is poorly run. We paid for doc verification on January 7th, but the Embassy did not start the verification process until February 21st or later. This AR was posted on the phillipine thread and here on the K3 in April, May, and June filers waiting for NVC.