Pregnancy While Waiting for K-1

[meddykomp 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?

How does being married prove paternity?

[sab 0]

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

As i have a baby too born in new york. I'll be sending my child's Birth Certificate to his father who will be interwied in march in India. Do you think i also have to send my child's passport copy? i did not apply for his passport yet. Please let me know. thanks.

[Yodrak 7]

3AD,

Might depend on who the father is.

Yodrak

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

[yogib37 3]

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

well that is simple. you get a DNA test. That is 99.999999% correct. It is also a legal document that can be used iin a court of law.

Good luck

Yogi

[3AD 0]

This all sounds great. Seems like the paperwork will just need to be done to get passport (citizenship) for the baby. However, what about a situation where the K1 Visa for the fiance is rejected? Then the baby can travel but not the mother? Anybody know about the LIFE Act, and how that might apply in bringing both the mother and baby? I'm just worried about a situation where the mother cannot obtain the visa, but the child is a citizen and could theoretically travel to the USA.

Thanks,

3AD

[scy 0]

This all sounds great. Seems like the paperwork will just need to be done to get passport (citizenship) for the baby. However, what about a situation where the K1 Visa for the fiance is rejected? Then the baby can travel but not the mother? Anybody know about the LIFE Act, and how that might apply in bringing both the mother and baby? I'm just worried about a situation where the mother cannot obtain the visa, but the child is a citizen and could theoretically travel to the USA.

Thanks,

3AD

If the K-1 is denied, then either baby travels and mother stays. Or baby and mother stay.

LIFE Act is K-3 and V visas. It won't apply to you since you're not married and you're a US citizen.

If think your fiancee is from Vietnam. I should warn you that the HCMC consulate will require paternity tests for your child and that will cost quite a bit of money.

Personally, I would forget the child citizenship idea and focus to getting a K-1 for your fiancee. Even if your child receives his citizenship, chances are he won't go anywhere without his mother. Have your child travel on K-2 and obtain citizenship for him at a later date. It's simpler to apply for citizenship for your child once he is in the US.

Good luck.

[dnaleri 0]

i'm no expert on this but should the baby be born before the interview... all you need to do is sign the BC acknowledging paternity and all will be well... it would probably help your case even more since you two have a baby together... as far as the K1 petition... you should inform USCIS that you want to add a dependent beneficiary (your child) to the petition. it will not cost more to add the kid. worry about his citizenship when they are here.

if the US Embassy in a country with high rates of fraud approved our case, then there is no reason why yours won't get approve in her country, assuming it does not have a high rate of fraud. As i have written in another thread... i believe my son helped the process... having a son together proves your love (not always) in this context to the interviewer... but then again... i could have just been lucky or blessed by God for the speedy processing and approval of everything.

good luck and congrats on your bundle of joy...

Edited February 13, 2006 by dnaleri

[kc456 0]

Should the visa be denied (which is not likely if all documents and proofs are in order), you can always marry your fiancee in the home country and apply for K3. Good luck and I hope you won't need it.

[Anja_and_Henry 0]

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

As i have a baby too born in new york. I'll be sending my child's Birth Certificate to his father who will be interwied in march in India. Do you think i also have to send my child's passport copy? i did not apply for his passport yet. Please let me know. thanks.

Hi there, We only sent BC for Henry with the petition and I will take it and him and his passport to the interview. My fiance, his father will go with us. IN 9 DAYS...... hope all will be good.....

Anja

[aussiewench 9]

i'm no expert on this but should the baby be born before the interview... all you need to do is sign the BC acknowledging paternity and all will be well...

See various previous posts. Not all countries are the same in how paternity needs to be prooved when a baby is born, particularly when parents are not married.

Personally, I would forget the child citizenship idea and focus to getting a K-1 for your fiancee. Even if your child receives his citizenship, chances are he won't go anywhere without his mother. Have your child travel on K-2 and obtain citizenship for him at a later date. It's simpler to apply for citizenship for your child once he is in the US.

Good luck.

A good option, but I am curious however then how one would handle the requirements of the consent of a childs other parent being needed in order for the child to leave the country.

[Anja_and_Henry 0]

I mean if a fatherhood test (DNA test) is needed for the report of the birth at the embassy in your country you should get this done a.s.a.p. - no K-2 needed for the baby - no hassle, just the test costs. I'm reading something like $250.00 more or less.

Anja

[zyggy 9]

I mean if a fatherhood test (DNA test) is needed for the report of the birth at the embassy in your country you should get this done a.s.a.p. - no K-2 needed for the baby - no hassle, just the test costs. I'm reading something like $250.00 more or less.

Anja

A K-2 visa will not be issued if the child may be a citizen, and the question will be asked if the BC lists the USC as the father. If another person is listed as the father, then his permission will need to be acquired to allow the child to go over. So there is really no way out of it, get the paternity test and register the child with the consulate.

Why wouldn't you want the baby to get their citizenship? All you will do is bring more red tape and hastle later....

Edited February 13, 2006 by zyggy

[scy 0]

I mean if a fatherhood test (DNA test) is needed for the report of the birth at the embassy in your country you should get this done a.s.a.p. - no K-2 needed for the baby - no hassle, just the test costs. I'm reading something like $250.00 more or less.

Anja

A K-2 visa will not be issued if the child may be a citizen, and the question will be asked if the BC lists the USC as the father. If another person is listed as the father, then his permission will need to be acquired to allow the child to go over. So there is really no way out of it, get the paternity test and register the child with the consulate.

Why wouldn't you want the baby to get their citizenship? All you will do is bring more red tape and hastle later....

Are you sure a K-2 will not be issued if the child is a US citizen but has not had a report of birth abroad issued for him? Is this written down anywhere? The way I see the it, if there is no consular report of birth, then the child doesn't have citizenship.

As for obtaining citizenship in the US, it is much easier for a child than trying for consular report of birth in a high fraud country. Once the child becomes LPR, he automatically becomes a citizen under Child Citizenship Act 2000. No need to apply for citizenship and no blood test.

[scy 0]

This is a link for acquisition of US citizenship by a child born abroad. I'm quoting situations specific to K-1 petitioner who has a child with the K-1 beneficiary out of wedlock. Unlike situations where a child born to US citizen abroad who is married, a child born to US citizen abroad who is not married does not automatically obtain US citizenship.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

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

C) the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309© INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

http://travel.state.gov/law/info/info_609.html

Edited February 13, 2006 by scy

[zyggy 9]

I mean if a fatherhood test (DNA test) is needed for the report of the birth at the embassy in your country you should get this done a.s.a.p. - no K-2 needed for the baby - no hassle, just the test costs. I'm reading something like $250.00 more or less.

Anja

A K-2 visa will not be issued if the child may be a citizen, and the question will be asked if the BC lists the USC as the father. If another person is listed as the father, then his permission will need to be acquired to allow the child to go over. So there is really no way out of it, get the paternity test and register the child with the consulate.

Why wouldn't you want the baby to get their citizenship? All you will do is bring more red tape and hastle later....

Are you sure a K-2 will not be issued if the child is a US citizen but has not had a report of birth abroad issued for him? Is this written down anywhere? The way I see the it, if there is no consular report of birth, then the child doesn't have citizenship.

As for obtaining citizenship in the US, it is much easier for a child than trying for consular report of birth in a high fraud country. Once the child becomes LPR, he automatically becomes a citizen under Child Citizenship Act 2000. No need to apply for citizenship and no blood test.

If there is a question on whether a child is a citizen, the consulate will require that the determination of citizenship be resolved before a K2 will be issued.

The Child Citizen Act provides for citizenship in cases of adoption. In this case it would not apply... However, the child would become a citizen at the time his mother became a citizen. But why try to circumvent the rules... it's time not to do what may or may not be easier (which has the tendency to result in even bigger and more substantial problems that most may not forsee) and to do what is right. What is right in this case is todo the paternity test and apply for the Consular Record of Birth.