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Posted

Check the US embassy in Epypt's website about whether your baby qualifies for citizenship, with one USC parent and what you'll need to do to get it for him.

Where there is a child who doesn't qualify for citizenship through birth (like the USC's future step-child) you request a K2 visa at the time of applying, which is what the dependent's visa is.

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

You have to be more specific. Are you the foreign beneficiary, or are you the US citizen?

If you are the foreign beneficiary, then your fiancee having a baby will not affect your visa application in any way.

If you are the US citizen, then it depends on whether you are the biological father. If you are the father, then child is not eligible for a visa because it qualifies for US citizenship based on having a US citizen parent. You need to file a Consular Registration of Birth Abroad (CRBA), and get a US passport for the child. You'll still have to petition for a visa for the mother; K1 if you're not married. If you are not the father, then your fiancee can apply for a K2 derivative visa at the same time she applies for the K1. There is no petition required for the K2 - it's a derivative of the K1, and the beneficiary can choose whether to submit the application for it. However, the US citizen sponsor WILL have to submit an affidavit of support for the K2 child.

Regardless of the circumstances, the visa for your fiancee is the K1.

At some consulates, having a child with the US citizen petitioner seems to improve the odds of getting a K1 or CR1 visa. At other consulates, it seems to make no difference at all.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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