Filing for a K1 Visa when she is pregnant

[chzuga 0]

Hello and good day,

I have met a nice, sweet filipina. I went to visit her for the 2nd time this past January (first time was February 2010). I am certain I want to petition for her now. There is a small obstacle, if you will. She is PREGNANT for over a month now. I am debating in whether or not to start the K1 Visa process while she is pregnant. I would be willing for her just to have the baby there. If I wait until she has the baby there, How do I file for her and the baby? Would it take longer to do so? She tells me that she is fine to seek the K1 Visa before she has the baby. Would the baby be an American citizen IF the baby is born there?

your replies will be appreciated!,

Angel

[Tero 105]

It is better to go ahead and file for a K-1 now. If born in the Philippines, the baby will be a citizen once you can prove a paternity test that he baby is yours. But your case will not be expedited simply because your fiancée is pregnant.

[Inky 1,110]

If the baby is yours and you are a USC, you would likely not be filing for a visa because the baby would be born to an american parent and there for the parent is able to file for a CRBA (as long as the guidelines are met) and a US passport. The mother would need a K-1 if you are not married.

[ThaitoUSA 15]

There is a strong possibility that even if you file today, she won't receive the visa until after giving birth to your child. Why wait an additional eight months or longer?

[Penguin_ie 5,986]

There is a strong possibility that even if you file today, she won't receive the visa until after giving birth to your child. Why wait an additional eight months or longer?

[Messybrownhair 251]

I say go ahead and file it, you can always postpone your interview date for after the birth anyway Or better yet, marry her and file for cr1

[YuAndDan 153]

Another option is to make a trip and get married now and then file an I-130 for a spouse visa (CR-1) If child is born prior to visa issuance, the child will not then be born outside of wedlock, making it easier to get child citizenship registered.

CR-1 is also less expensive overall, and does not take much longer than K-1 to get, also CR-1 gets a green-card upon arrival, K-1 does not.

[chzuga 0]

If the baby is yours and you are a USC, you would likely not be filing for a visa because the baby would be born to an american parent and there for the parent is able to file for a CRBA (as long as the guidelines are met) and a US passport. The mother would need a K-1 if you are not married.

YES!, I thank you for your kind replies and options. The scenario above is quite likely the scenario that I will embark in since I can not go there to marry her. What is a CRBA? How would I go by applying for it if it came to that case? (there is no guide here for it).

Thanks.

[YuAndDan 153]

YES!, I thank you for your kind replies and options. The scenario above is quite likely the scenario that I will embark in since I can not go there to marry her. What is a CRBA? How would I go by applying for it if it came to that case? (there is no guide here for it).

Thanks.

I think means Citizen Registered Birth Abroad.

More: http://travel.state.gov/law/family_issues/birth/birth_593.html

Since you did not fill in profile details with country that will be immigrating from, I cannot give you a link to the US consulate in the foreign country that details what to do about registering the birth for citizenship.

[VinhBao MyTam 3]

I think means Citizen Registered Birth Abroad.

More: http://travel.state.gov/law/family_issues/birth/birth_593.html

Since you did not fill in profile details with country that will be immigrating from, I cannot give you a link to the US consulate in the foreign country that details what to do about registering the birth for citizenship.

The country is Philippines if you want to give the link.

[YuAndDan 153]

The country is Philippines if you want to give the link.

http://manila.usembassy.gov/service/citizenship.html

[chzuga 0]

http://manila.usembassy.gov/service/citizenship.html

thanks YuAndDan for this info. - i am thinking then, if the child is born there, and my fiancee has the K1 Visa in hand, can the child come here then after filing CRBA? I am guessing that the child will need a passport as well.

many thanks for answering my questions, you guys are great! ~~ sorry, if i have not updated my personal info., but will soon

UPDATE: I have just re-read it on the thread above and I guess a CRBA/Passport is what is needed.

Edited February 21, 2011 by chzuga

[YuAndDan 153]

thanks YuAndDan for this info. - i am thinking then, if the child is born there, and my fiancee has the K1 Visa in hand, can the child come here then after filing CRBA? I am guessing that the child will need a passport as well.

many thanks for answering my questions, you guys are great! ~~ sorry, if i have not updated my personal info., but will soon

UPDATE: I have just re-read it on the thread above and I guess a CRBA/Passport is what is needed.

Can register the birth at the embassy or consulate, and order a US passport, the child then can come to the USA as a US Citizen. Some countries do need to do additioal documentation like issuing an exit visa to the US citizen child born over there.

[coraliesolms 47]

I did a CRBA for our daughter (I was the immigrant), I had all the documents needed, which were as follows

1. Childs long form birth certificate (this has both the mothers and the fathers information on it)

2. Proof that you (USC) have lived in the USA for 5 continuous years before the child was born (I took high my hubbies high school

transcripts for K-12)

3. Fees have to be paid in US funds (I took a money order)

4. You apply for the childs SSN and Passport at the same time

And of course the application form needs to be filled out, its very easy to fill it out, one of the easiest in the whole process.

NOW, since she is in whats considered a high fraud country, and you guys wont be married, you will most likely need a paternity test done on the child as well. If you were married, it probably wouldnt be asked for.

ALSO... the CRBA will be needed at your wifes interview if its after the child is born. They would not issue my visa until Amy's USC stuff was dealt with. She (your fiance) will need to take the certificate/passport to her interview.

The whole process took about 3 weeks and I had our daughters passport and certificate of citizenship. They date the childs citizenship from the birthdate, and he/she enters the US with the immigrant spouse as any other US citizen would.

Hope that helped!!

Edited February 21, 2011 by coraliesolms

[JimVaPhuong 4,863]

Just curious, you've been a VJ member since 2004. Have you filed for anybody else in the past?

What happened to this girl?

http://www.visajourney.com/forums/topic/22810-filing-for-a-visitors-visa/

If you've had a K1 petition approved within the past two years, or filed two or more K1 petitions at anytime in the past, then you'll need to ask for a waiver of the multiple filing limitations when you file the new petition. You can also expect some extra scrutiny at the consulate if you've petitioned for someone else in the past.

If I were in your shoes I think I'd go ahead with the K1 rather than getting married. Yes, you'll need a DNA test in order to file the CRBA if the child is born out of wedlock. You're assuming financial responsibility for that child for at least the next 18 years, as well as bestowing US citizenship on it. Personally, I would want to know for certain the child was mine. It's not necessarily about trusting the girl. There are a lot of wives tales floating around in the Philippines and Southeast Asia, and some people are convinced they need a baby in order to get a visa.