Questions about moving Fiance and our child to the US..

[Oncethad 0]

Hello all!

I've searched the forums and web for some similar cases, but all I can find are general answers..

I am trying to bring my Canadian Fiance to the US on a K1 Visa. We met in early 2007, and have since had a child together, who was born in August 2008.

The information I found, which I don't believe I understand correctly, includes the following..

The child qualifies for US citizenship outright, since I (father) am a US citizen from birth.

The child can accompany my Fiance to the US, through a K2 visa, provided my fiance receives her K1 visa.

We originally had all of our ducks in a row, and the K1 forms filled out prior to finding out we were expecting. Now, I'm going back to complete the forms again, and want to make sure everything is done correctly the first time.

For the I-129f, I am aware that our daughter needs to be listed on line 13.

I have seen another poster include additional documentation about line 13, along with the proof of meeting for line 18. What should be included here?

Is there a better way to proceed?

Any information would be greatly appreciated!! Thank you!!

Joe

[payxibka 10,048]

if the child has a claim to US citizenship then that needs be resolved first as a US citizen cannot receive a visa... file a report of birth abroad then the child will get a US passport

[Gary and Alla 3,696]

if the child has a claim to US citizenship then that needs be resolved first as a US citizen cannot receive a visa... file a report of birth abroad then the child will get a US passport

Exactly. It is much easier now to settle the child's citizenship, then file for the fiancee visa.

[pushbrk 14,173]

if the child has a claim to US citizenship then that needs be resolved first as a US citizen cannot receive a visa... file a report of birth abroad then the child will get a US passport

Exactly. It is much easier now to settle the child's citizenship, then file for the fiancee visa.

Or do both concurrently. No need to wait for one to do the other.

[Oncethad 0]

if the child has a claim to US citizenship then that needs be resolved first as a US citizen cannot receive a visa... file a report of birth abroad then the child will get a US passport

Exactly. It is much easier now to settle the child's citizenship, then file for the fiancee visa.

Or do both concurrently. No need to wait for one to do the other.

Can you recommend any information on how to do this? Is there anything I need to do specifically when completing the first packet for the K1 Visa?

Thanks for the replies!!

[payxibka 10,048]

http://www.consular.canada.usembassy.gov/birth_abroad.asp

[crazytown4u 0]

file a report of birth abroad then the child will get a US passport

Is the way to go, my sister's child was born in mexico and my sister is a usa cizten she got her kids passport in no time it took her like 1month set and done ( of course each case is differnt ) Just make sure your name is on the brith record and if not get a dna test to prove to the consulate the kid is yours thats bout it

[Oncethad 0]

Reading some of the requirements, and it looks like both parents and child need to attend the Consulate.. which for us would be Calgary. Yikes.. I'm in NH, USA.. and she is in Saskatchewan..

Making that trip would be very difficult.

Now.. as a part of her K1, it looks like she'll need to visit Vancouver.. so I'm wondering if we should handle the K1 first.. get both of them here, and then apply for Citizenship for our Daughter.

If we were to do that, and file a normal I-129f, and list our daughter under question 13.. would there be anything additional I should do, since she is my child by birth as well?

[payxibka 10,048]

Reading some of the requirements, and it looks like both parents and child need to attend the Consulate.. which for us would be Calgary. Yikes.. I'm in NH, USA.. and she is in Saskatchewan..

Making that trip would be very difficult.

Now.. as a part of her K1, it looks like she'll need to visit Vancouver.. so I'm wondering if we should handle the K1 first.. get both of them here, and then apply for Citizenship for our Daughter.

If we were to do that, and file a normal I-129f, and list our daughter under question 13.. would there be anything additional I should do, since she is my child by birth as well?

You need to resolve the citizenship issue before she arrives... if she has a claim to citisenship she cannot get a visa...

[Oncethad 0]

Reading some of the requirements, and it looks like both parents and child need to attend the Consulate.. which for us would be Calgary. Yikes.. I'm in NH, USA.. and she is in Saskatchewan..

Making that trip would be very difficult.

Now.. as a part of her K1, it looks like she'll need to visit Vancouver.. so I'm wondering if we should handle the K1 first.. get both of them here, and then apply for Citizenship for our Daughter.

If we were to do that, and file a normal I-129f, and list our daughter under question 13.. would there be anything additional I should do, since she is my child by birth as well?

You need to resolve the citizenship issue before she arrives... if she has a claim to citisenship she cannot get a visa...

What if we choose not to do anything with her citizenship until after she arrives? We haven't declared her birth or anything like that. Can't we go through the I-129f and K1/K2 without first applying for citizenship?

[baron555 934]

You ARE listed on her birth certificate, right? That in fact establishes her clain to US citizenship.

You NEED to get her documented and passported properly. You CAN do this simultaneously along with the K-1 petition, as stated before.

Yes, there is hardship when you want to marry a foreigner and bring them into the US! (Flights, travel, expenses)

[JulieG 0]

file a report of birth abroad then the child will get a US passport

Is the way to go, my sister's child was born in mexico and my sister is a usa cizten she got her kids passport in no time it took her like 1month set and done ( of course each case is differnt ) Just make sure your name is on the brith record and if not get a dna test to prove to the consulate the kid is yours thats bout it

Would you happen to know if I can file for my child's birth abroad while we are here in the States and while I am filing for my AOS?

thx

[payxibka 10,048]

file a report of birth abroad then the child will get a US passport

Is the way to go, my sister's child was born in mexico and my sister is a usa cizten she got her kids passport in no time it took her like 1month set and done ( of course each case is differnt ) Just make sure your name is on the brith record and if not get a dna test to prove to the consulate the kid is yours thats bout it

Would you happen to know if I can file for my child's birth abroad while we are here in the States and while I am filing for my AOS?

thx

Filing a report of birth abroad (at least in the context of the OP) is to establish US citizenship for a child born outside the USA.... I am sure most countries have something similar if you wish to do it for a child born in the USA and wish to report it to the non-USC's country....

[moni_calla 0]

It is much easier and cheaper to file CRBA it will cost $65 plus passport fee, if for whatever reason you don't file it you can file the N-600 which costs $460. One of the problems that I can see is when she goes for her K1 interview they may delay and ask to file CRBA for child first and then come back and do K1 VISA so trying to save some money may not benefit you in the end as you will waste time (having to apply for CRBA interview and then receive childs pprwork) and money (flight to Calgary and Vancouver )to and from. If you are planning on marrying you fiance it will be cheaper to get married and then file CR1 much cheaper than K1 but you are waiting a little longer.

I spoke to a lawyer as we are in a similar situation and he suggested going this route, he said most times when ppl don't take care of childrens pprwork first they may question paternity and can request a DNA test which you would have to pay for out of pocket.