Pregnancy While Waiting for K-1

[scy 0]

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.

I don't know whether a consulate will delay a K-2 until the child's citizenship is resolved, so I can't respond.

But I disagree that the Child Citizenship Act won't apply in this case. From reading it, the child citizenship act provides citizenship for cases other than adoption, and certainly applies in this case should the child enter on a K-2 and becomes LPR. The Child Citizenship Act was designed for adopted children of USC, but applies to all children of USC, biological or adopted.

http://travel.state.gov/family/adoption/info/info_457.html

Whether or not for the petitioner should try for consular record of birth abroad is a up to him to decide. I know from others that proving the paternity of one's child in a high fraud country is especially difficult. The consulates require blood tests at approved institutions. Often times multiple blood tests are required.

But you are right, what is easier isn't always right, and what seems easier at the outset might prove explosive in the end.

Good luck to the OP.

Edited February 13, 2006 by scy

[3AD 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.

At risk of sounding naive, is that even possible? I mean, do people do that (go for a K3) when a K1 is denied? It would seem like DHS or the Consulate would look at it as a one shot deal ... or do they see the marriage as further evidence that you're serious (not fraud).

Thanks,

3AD