Pregnancy While Waiting for K-1

[3AD 0]

What happens if beneficiary becomes pregnant and gives birth before the K-1 interview? In other words, the visa application has already been filed and indicates only the beneficiary. With the new addition, must we start all over again and re-apply and note the baby on the new application? Or can the existing application be updated to include the baby?

Thanks.

3AD

[meddykomp 0]

Can you take a trip to your fiancees country for the birth? Your child is automatically a USC, but you do need to record the birth at the embassy. If you can't do this, I am sure there is another way to record the birth, but the baby would not be an immigrant and therefore wouldnt need a Visa.

[aussiewench 9]

Here is a link to where you can read up on the laws pertaining to a child born to at least one USC parent.

http://uscis.gov/graphics/services/natz/citizen.htm

Also have a look at the the US Embassy website in the country where the child will be born for further information of registering the birth of a baby born to USC parent/s

[kc456 0]

If the couple is not married, is this a factor though? How do you prove you are a "parent" if the mother is not married (yet) to the father?

[aussiewench 9]

If the couple is not married, is this a factor though? How do you prove you are a "parent" if the mother is not married (yet) to the father?

From a USEmbassy website. Not sure if this is an across the board thing or not which is why I directed the OP to visit the US Embassy website of the pertinent country.

Registering a Child Born Abroad as US Citizen

Affidavit of Paternity, in case the child was born out of wedlock to a U.S. citizen father who, after the child’s birth, married the alien mother.

[kc456 0]

Registering a Child Born Abroad as US Citizen

Affidavit of Paternity, in case the child was born out of wedlock to a U.S. citizen father who, after the child’s birth, married the alien mother.

That does not quite the solve the problem, since the affidavit would only work if the father marries the child's mother after the birth of the child. Since OP has a fiancee petition, this would not work.

[aussiewench 9]

Registering a Child Born Abroad as US Citizen

Affidavit of Paternity, in case the child was born out of wedlock to a U.S. citizen father who, after the child’s birth, married the alien mother.

That does not quite the solve the problem, since the affidavit would only work if the father marries the child's mother after the birth of the child. Since OP has a fiancee petition, this would not work.

Nope and Im guessing there is no solution outside of getting married and doing a K-3 as all embassy sites I have accessed so far are requesting marriage certificate when registering a birth, and/or the above. I am still doing some research on this one as Im curious.

The Op going to the embassy site and obtaining a number he can call to ascertain what needs to be done in this situation could be the best advice.

Edited February 7, 2006 by aussiewench

[zyggy 9]

Can you take a trip to your fiancees country for the birth? Your child is automatically a USC, but you do need to record the birth at the embassy. If you can't do this, I am sure there is another way to record the birth, but the baby would not be an immigrant and therefore wouldnt need a Visa.

Actually the child is not automatically a USC... there are some rules that have to be met. In addition, some hurdles may need to be jumped in order for the consulate to issue a Cansular Record of Birth if the baby was born out of wedlock to a USC father. Many high fraud consulates require a paternity test before the certificate will be issued.

[damulag 26]

Found this link on the US embassy in Manila site.

Legitimation Method 2 - The person can be legitimated if:

the father (unless deceased) has agreed in writing to provide financial support

for the person until the person reaches the age of 18 years and,

while the person is under the age of 18 years -

the person is legitimated under the law of the person's residence or domicile,

the father acknowledges paternity of the person in writing under oath, or

the paternity of the person is established by adjudication of a competent court.

Here is the link.

http://usembassy.state.gov/posts/rp1/wwwhlegt.html

http://usembassy.state.gov/posts/rp1/wwwha003.html#Report

I do not think you will have to reapply for another visa, just follow the procedure to legitimize the child.

[lucyrich 19]

Can you take a trip to your fiancees country for the birth? Your child is automatically a USC, but you do need to record the birth at the embassy. If you can't do this, I am sure there is another way to record the birth, but the baby would not be an immigrant and therefore wouldnt need a Visa.

Actually the child is not automatically a USC... there are some rules that have to be met. In addition, some hurdles may need to be jumped in order for the consulate to issue a Cansular Record of Birth if the baby was born out of wedlock to a USC father. Many high fraud consulates require a paternity test before the certificate will be issued.

No, assuming the USC father has lived in the US for at least five years, at least two of which were after the father's 14th birthday, the child is automatically a US Citizen at birth, according to INA 301, paragraph (g). The child is a US Citizen whether or not paperwork is filed. In fact, the child is a US Citizen whether the parents (or the child, when he/she comes of age) want the child to be a citizen or not.

What is not necessarily automatic is getting documentary proof of the child's automatic citizenship. And yes, consulates may have some procedures to go through to prove that the child really is the offspring of a US Citizen who meets the residence requirements.

The distinction may seem small, but sometimes it's worth remembering that all you're doing in this kind of case is proving a citizenship that existed automatically since birth. There's no time limit, no "good moral character" test, no bona fide relationship test, no possibile inadmissibility on health-related grounds, public charge grounds, or any other grounds. If you can prove the parentage, you've proved the citizenship.

[gcox457 0]

Can you take a trip to your fiancees country for the birth? Your child is automatically a USC, but you do need to record the birth at the embassy. If you can't do this, I am sure there is another way to record the birth, but the baby would not be an immigrant and therefore wouldnt need a Visa.

Actually the child is not automatically a USC... there are some rules that have to be met. In addition, some hurdles may need to be jumped in order for the consulate to issue a Cansular Record of Birth if the baby was born out of wedlock to a USC father. Many high fraud consulates require a paternity test before the certificate will be issued.

No, assuming the USC father has lived in the US for at least five years, at least two of which were after the father's 14th birthday, the child is automatically a US Citizen at birth, according to INA 301, paragraph (g). The child is a US Citizen whether or not paperwork is filed. In fact, the child is a US Citizen whether the parents (or the child, when he/she comes of age) want the child to be a citizen or not.

What is not necessarily automatic is getting documentary proof of the child's automatic citizenship. And yes, consulates may have some procedures to go through to prove that the child really is the offspring of a US Citizen who meets the residence requirements.

The distinction may seem small, but sometimes it's worth remembering that all you're doing in this kind of case is proving a citizenship that existed automatically since birth. There's no time limit, no "good moral character" test, no bona fide relationship test, no possibile inadmissibility on health-related grounds, public charge grounds, or any other grounds. If you can prove the parentage, you've proved the citizenship.

Yes, and no. In theory, your assertions are correct, but in practice that's not how it works. The child does not have "automatic citizenship" until paternity is proven and the birth registered at the embassy. Instead, the child is "automatically eligible for citizenship". An even smaller distinction, but one that is worth remembering when trying to actually get the child into the U.S. instead of passing a test over the INA.

[Anja_and_Henry 0]

Hi there,

Like some people already said - no problem here. We did that exactly like that:

Affidavit of Paternity is needed and can be done BEFORE the baby is born. Than registering the baby at the embassy with form FS-240 and pay a fee about $135.00 for that. At the embassy in Hamburg, Germany we had a lot of fun together because the woman had baby Henry swear to be Davids and my son...

I can not believe that this process is different in any other country... So you will be fine. Just be there as much as you can because it is very hard to be alone with the baby

Good luck, Anja

[zyggy 9]

Hi there,

Like some people already said - no problem here. We did that exactly like that:

Affidavit of Paternity is needed and can be done BEFORE the baby is born. Than registering the baby at the embassy with form FS-240 and pay a fee about $135.00 for that. At the embassy in Hamburg, Germany we had a lot of fun together because the woman had baby Henry swear to be Davids and my son...

I can not believe that this process is different in any other country... So you will be fine. Just be there as much as you can because it is very hard to be alone with the baby

Good luck, Anja

Just like every consulate has rules covering how visas are issued, each consulate has different rules on how to process Consular Records of Birth. In some high fraud countries, the consulate often requires a paternity test before the consulate will issue the certificate. I have heard this done quite often in Manila, Lagos and HCMC.

[zyggy 9]

In addition, in order for the baby to be able to travel to the US, a passport will need to be issued for the child, as these are only issued in the US (except for emergency circumstances), it may take awhile.

Edited February 7, 2006 by zyggy

[Anja_and_Henry 0]

it took us 1 week from registering the child to receiving passport and ssn