K1 and CRBA

[PreciousOne 4]

Hi!my fiance filed for I129F and my son(K2) is included on the petition who is his biological father.But from the time that our son(8yrs old now) was born he was already a US citizen and we did not apply for CRBA.And if they found out,is it possible that they'll gonna push through us or require us for CRBA bcoz of his US citizen father(petitioner I129F)?

Who will require us?the Us consulate or Phil consulate?

What will happen on my case?does this affect my petition as k1 visa applicant?Can you give me some ideas on my case as a K1 and my son as the son of the petitioner.

[JimVaPhuong 4,863]

Hi!my fiance filed for I129F and my son(K2) is included on the petition who is his biological father.But from the time that our son(8yrs old now) was born he was already a US citizen and we did not apply for CRBA.And if they found out,is it possible that they'll gonna push through us or require us for CRBA bcoz of his US citizen father(petitioner I129F)?

Who will require us?the Us consulate or Phil consulate?

What will happen on my case?does this affect my petition as k1 visa applicant?Can you give me some ideas on my case as a K1 and my son as the son of the petitioner.

If your fiance was a US citizen when your son was born, and if your fiance met the residency requirements when your son was born, then your son is not eligible for any sort of visa. He has a claim to US citizenship at the time of his birth. The residency requirement is that the US citizen parent must have lived at least five years in the US, and at least two years after they were 14 years old, in order to be able to automatically convey citizenship to a child born abroad.

If your son has a claim to US citizenship then you cannot get a K2 visa for him without lying to the consulate. They are going to want to know about his father in order to determine if the father needs to submit a "quit claim" in order to allow your son to immigrate to the United States. When they discover your fiance is the father, and determine the child has a claim to citizenship, they'll refuse to issue a visa for him. They will require you and your fiance to file a CRBA.

If your fiance was NOT a US citizen when your son was born then your son is eligible for a K2 visa. He will have to file for a green card after coming to the US, just like you will. If your fiance WAS a US citizen when the child was born, but did not meet the residency requirements, then your son is eligible for a K2 visa. However, your son will not need to file for a green card. He'll become a US citizen when he enters the United States in the custody of his US citizen father.

If your son is eligible for US citizenship then I suggest you file the CRBA as soon as possible. Some consulates will not conduct the K1 interview until this has been resolved. Others will conduct the interview, but will not issue the K1 visa until it's resolved.

[PreciousOne 4]

@jimpuaphuang: Hi tnx for the info!can i apply for CRBA even if we have a pending I129F petiiton?bcoz this might be the cause of delays on my k1 petition if ever i ignore CRBA or should i wait for the consulates action on our situation.thank you

[JimVaPhuong 4,863]

@jimpuaphuang: Hi tnx for the info!can i apply for CRBA even if we have a pending I129F petiiton?bcoz this might be the cause of delays on my k1 petition if ever i ignore CRBA or should i wait for the consulates action on our situation.thank you

Get started on the CRBA as soon as possible. Your goal is to try to get the CRBA accepted, approved, and have a US passport for your son before the interview. If you can get this done in time then it won't hold up your K1 at all.

Since your child was born out of wedlock, and the US citizen is the father, they'll probably want a DNA test to prove paternity. Your fiance will probably need to return to the Philippines for this.