Filipino had a baby with USC

[tonylovesam 8]

Hello everyone. I’m 21, my fiance is 42. Me and my USC fiance was applying for a CRBA and US passport for our 3-month old baby and we are given an interview appointment date already which is on next month, 8 December. We are planning to start the K-1 application on February 2011. But he wants me to come to the US before we start the K-1. Here are my questions:

1. Can my child stay in the Philippines for as long as she want even if she’s going to be a US citizen already?

(if no) – How can she stay longer in the Philippines? Does she need a Philippine visa for that? We wanted her to be a full US citizen, so dual citizenship is not an option.

2. As a biological mother of the child, is there a way I can escort her to travel to the United States and stay there for a short time and go back to the Philippines with her after the visit?

3. My daughter’s grandmother is old and is ill and therefore cannot make it to travel to the Philippines, she desperately wanted to see and hold her granddaughter for the very first time, can I just escort my infant child to travel to America then I go back to the Philippines after I drop her off to where she will be staying for awhile and then go back to America again to pick her up to take her back home with me to the Philippines? The father of my daughter is on active duty in the US military right now and cannot make it to come to the Philippines for now to pick up our child.

4. How can I enter the States for a short visit so that I can escort my infant child to travel and tend to her during her stay in the US?

(if through tourist visa) – I applied for a tourist visa last May of this year but I was not issued a visa. What other documentary proof aside from employment and owning private properties to support strong ties to the Philippines? As I said, I’m 21 and I recently graduated BSN last March, I’m still an underboard nurse.

Follow-up Question:Can I reapply it and will not pay for an application fee or do I have to make another tourist visa application again and therefore pay another application fee again?

5. Can the US military official make a special letter of request for me to the US embassy in Manila to come over to the States for a short visit?

FOR THE 129-F PETITION (to be started on February 2011)....

Is the infant child of the K-1 beneficiary, who is also a biological child of the K-1 petitioner, should be included on the K-1 petition even if the child has a US passport already?

(if not) – Does this mean that the petitioner will just leave blank on the question of the form asking to list all the children of his fiancee?

Your replies will be a great help and is much appreciated.

[VanessaTony 3,567]

The child is ALREADY a dual citizen once their USC is approved (it's likely you'll need a DNA test to prove the child is your USC fiance's... be prepared for that). Get the child a Philippine passport before you leave the Philippines as well. This means travel to and from is easy for you and the child. Dual citizenship is permitted by the Philippines (and US) so I don't know what you're worried about. The child has two citizenships. No biggie.

1. The child is a PHILIPPINE CITIZEN! Of course the child can stay in the Philippines as long as they (or you) want.

2. You can try and get a visitor visa but I doubt you will be approved because you're engaged to a USC with a USC baby. They'll assume you're trying to immigrate.

3. As with 2

4. You would need to apply again. I doubt you will ever get a tourist visa because of your engagement and the child. You're too big an immigration risk.

5. Nope.

The child needs to be written on the I-129F as it is your child. It does not mean you necessarily intend to get a visa for the child. It just means the child is eligible. When it comes to Visa getting time if the child wasn't a USC you would apply for a K2 visa, as the child is a USC, no problem.

**Editted to add - I am both a UK citizen and Aussie citizen. I am a FULL Aussie citizen and FULL UK citizen. Just because I have two passports doesn't make me 1/2 Aussie and 1/2 UK...

Edited November 30, 2010 by Vanessa&Tony

[Anh map 2,098]

The answers in your other thread http://www.visajourney.com/forums/topic/283825-can-i-enter-the-us-to-escort-my-3-month-old-daughterborn-to-a-us-citizen-father-that-will-be-issued-a-passport/page__p__4303460#entry4303460 about visiting the US are still the same. You will need to apply for and be approved for a tourist visa if you want to go to the US prior to obtaining a fiancee or spouse visa.

There is no special exemption for accompanying your infant to see a grandparent. And it is certainly not a military matter.

[payxibka 10,045]

not a K-1 visa topic... moving thread

[sjr09 155]

Your child is a natural born citizen of the PI and can stay as long as she wants. Your chances of escorting the child is about zero, I'll tell you what the CO told me when I was at USEM acquiring my then, 4 month old daughters CRBA “ You would have a better chance of winning the lottery, then your wife getting a visitor visa ”

　

As for: “We wanted her to be a full US citizen, so dual citizenship is not an option.”

Your child will also be a Filipino citizen under Philippine law. The child’s citizenship is derived from the principle of jus sanguinis So she will always be dual. After or before you get her derivative citizenship and US passport get her PI passport as well, down the road you be happy you did.