fiancee visa NEED HELP and ADVICE!!

[SEANRAY 0]

hi everyone i am new here in vj.. i just wanna know if any of you have an experienced maybe same case as mine...I am about to file a fiancee visa we have a 5 year old son.. i am a us citizen thru naturalization after our son's birth.. the question is.. is he (son)qualified to get or apply for CRBA? if not, is it okey to file him a k2 instead? I'm a bit confused don't know how to start.. any advice will be appreciated. thank you!

[jui_uy 1]

hi everyone i am new here in vj.. i just wanna know if any of you have an experienced maybe same case as mine...I am about to file a fiancee visa we have a 5 year old son.. i am a us citizen thru naturalization after our son's birth.. the question is.. is he (son)qualified to get or apply for CRBA? if not, is it okey to file him a k2 instead? I'm a bit confused don't know how to start.. any advice will be appreciated. thank you!

[jui_uy 1]

Hi! We applied for our daughter's CRBA and US Passport just this year around July 29, and we were asked to do DNA testing due to legal purposes since I'm not married yet to my fiance. And we just got our daughter's CRBA certificate and US Passport this week...

To give you a picture on how a USC can avail of the CRBA for their children, as far as I have understood... My fiance also acquired his citizenship through naturalization. However, he has been a citizen since the early 90's. And as we have read about CRBA in US government websites such as USCIS and in US Embassy Manila, one can file for a CRBA only if you were already a USC before your child's birth, and requires proof that you have stayed or have been living in the US for at least 5 years before your child's birth as well. (please do check the US government websites for further info and for verifications) As to proving my fiance's citizenship status and his proof of living in the US, there was no question because he has been in the military for over 20 years now. The consuls are very strict with regards to citizenship of the USC and proofs of staying in the US (basing on experience). They are also very particular with your relationship status prior to conception of the child.

With regards to a K2, i don't know about this since you probably can't apply for a CRBA, maybe you can apply for your child's petition since you are the father. (not sure about this... sorry!)

[Penguin_ie 6,005]

No, your son't won;t be elligible as the father only naturalised after the son was born. A k2 visa is appropriate.

[SEANRAY 0]

Hi! We applied for our daughter's CRBA and US Passport just this year around July 29, and we were asked to do DNA testing due to legal purposes since I'm not married yet to my fiance. And we just got our daughter's CRBA certificate and US Passport this week...

To give you a picture on how a USC can avail of the CRBA for their children, as far as I have understood... My fiance also acquired his citizenship through naturalization. However, he has been a citizen since the early 90's. And as we have read about CRBA in US government websites such as USCIS and in US Embassy Manila, one can file for a CRBA only if you were already a USC before your child's birth, and requires proof that you have stayed or have been living in the US for at least 5 years before your child's birth as well. (please do check the US government websites for further info and for verifications) As to proving my fiance's citizenship status and his proof of living in the US, there was no question because he has been in the military for over 20 years now. The consuls are very strict with regards to citizenship of the USC and proofs of staying in the US (basing on experience). They are also very particular with your relationship status prior to conception of the child.

With regards to a K2, i don't know about this since you probably can't apply for a CRBA, maybe you can apply for your child's petition since you are the father. (not sure about this... sorry!)

okey thanks for the reply! have a blessed day..

[SEANRAY 0]

No, your son't won;t be elligible as the father only naturalised after the son was born. A k2 visa is appropriate.

hi penguin, thanks for the reply much appreciated..one more question, what is the purpose of declaring i got son abroad? the day i took my oath taking if he cant carry my citizenship...

[Penguin_ie 6,005]

They want to know about your family; same as any wife abroad or not must be declared, but doesn't automatically get citizenship because you do. Your son MAY be elligible for citizenship upon entry to the USA, but I don't know the details of that- I seem to remember it only applies if he comes on an immigrant visa such as CR-2, and the K1/ K2 is not an immigrant visa. Hopefully someone more knowledgeable will come along and advice you on that bit.

[SEANRAY 0]

They want to know about your family; same as any wife abroad or not must be declared, but doesn't automatically get citizenship because you do. Your son MAY be elligible for citizenship upon entry to the USA, but I don't know the details of that- I seem to remember it only applies if he comes on an immigrant visa such as CR-2, and the K1/ K2 is not an immigrant visa. Hopefully someone more knowledgeable will come along and advice you on that bit.

yap i need more advice.. I'm about to send I-129F application but i am stuck due to my son's case.. i am thinking, i think k2 is not the proper for my son but in other hand maybe he can still use it cos he is my fiancee's son...i want them to come to U.S together...

[JimVaPhuong 4,865]

A child born abroad can only derive citizenship "by birth" if one of the biological parents is a US citizen at the time of birth, and if the US citizen parent meets the physical presence requirements. Since you naturalized after your child was born then he isn't a US citizen "by birth". However, because you are NOW a US citizen, and the child is your biological child, that makes the child an immediate relative under immigration law. A K2 is not the only option for your child.

Here's the deal.

Your son will automatically become a US citizen if he is "admitted for permanent resident status", and is in your physical custody in the United States. A K2 is a non-immigrant visa. A K2 is "admitted for permanent resident status" when they file to adjust status. However, your son is eligible for an IR2 visa, which is an immigrant visa. If he enters the US with an immigrant visa then he is "admitted for permanent resident status" when he enters the US. Immediately after he arrives you'll be able to apply for a certificate of citizenship and/or a US passport for him.

Normally, when there's a choice between an immigrant visa or a derivative visa then I usually say go for the immigrant visa. The immigrant visa process may take a few months longer, but the costs are usually much lower and the family member becomes a permanent resident (or US citizen, in this case) when they arrive in the US. In this case, however, it's practically a wash. With the IR2 you'd have to pay the additional cost of filing an I-130 for your son. This would normally be more than offset by the fact that you wouldn't have to pay for adjustment of status. However, AOS for a child under 14 is only $635 if it's filed concurrently with the K1's AOS. In this case, the IR2 would only cost a couple hundred more than the K2, in total.

There's also the issue of biological parentage. With a K2, you have to present evidence at the consulate that the child is biological parent of the K1 applicant. With an IR2 you have to present evidence to USCIS that the child is the biological parent of the petitioner. When a child is born out of wedlock then it's usually much easier to prove the biological relationship to the mother than to the father. If you take the K2 route then you'll still need to prove the biological relationship to the US citizen parent in order to get the child's US citizenship recognized, but the kid will get to wait out this process in the US.

If you decide to apply for an IR2 for the child then you can postpone the K1 interview by the few extra months it will take to get the IR2 visa issued, and they should still be able to travel at the same time.

[pushbrk 14,471]

yap i need more advice.. I'm about to send I-129F application but i am stuck due to my son's case.. i am thinking, i think k2 is not the proper for my son but in other hand maybe he can still use it cos he is my fiancee's son...i want them to come to U.S together...

K1 is proper only for your fiancee. The son needs an IR2 visa (immediate relative where 2 = child of US Citizen). The son will become a citizen once he enters the USA. You can apply for his US passport once he enters. The process starts by filing an I-129F for your fiance and an I-130 for the child.

[SEANRAY 0]

A child born abroad can only derive citizenship "by birth" if one of the biological parents is a US citizen at the time of birth, and if the US citizen parent meets the physical presence requirements. Since you naturalized after your child was born then he isn't a US citizen "by birth". However, because you are NOW a US citizen, and the child is your biological child, that makes the child an immediate relative under immigration law. A K2 is not the only option for your child.

Here's the deal.

Your son will automatically become a US citizen if he is "admitted for permanent resident status", and is in your physical custody in the United States. A K2 is a non-immigrant visa. A K2 is "admitted for permanent resident status" when they file to adjust status. However, your son is eligible for an IR2 visa, which is an immigrant visa. If he enters the US with an immigrant visa then he is "admitted for permanent resident status" when he enters the US. Immediately after he arrives you'll be able to apply for a certificate of citizenship and/or a US passport for him.

Normally, when there's a choice between an immigrant visa or a derivative visa then I usually say go for the immigrant visa. The immigrant visa process may take a few months longer, but the costs are usually much lower and the family member becomes a permanent resident (or US citizen, in this case) when they arrive in the US. In this case, however, it's practically a wash. With the IR2 you'd have to pay the additional cost of filing an I-130 for your son. This would normally be more than offset by the fact that you wouldn't have to pay for adjustment of status. However, AOS for a child under 14 is only $635 if it's filed concurrently with the K1's AOS. In this case, the IR2 would only cost a couple hundred more than the K2, in total.

There's also the issue of biological parentage. With a K2, you have to present evidence at the consulate that the child is biological parent of the K1 applicant. With an IR2 you have to present evidence to USCIS that the child is the biological parent of the petitioner. When a child is born out of wedlock then it's usually much easier to prove the biological relationship to the mother than to the father. If you take the K2 route then you'll still need to prove the biological relationship to the US citizen parent in order to get the child's US citizenship recognized, but the kid will get to wait out this process in the US.

If you decide to apply for an IR2 for the child then you can postpone the K1 interview by the few extra months it will take to get the IR2 visa issued, and they should still be able to travel at the same time.

thanks for the informative response...it really help a lot... but i wonder how long does it take to get to be done? im sorry for too much asking i feel so excited to be them.. here in states is bored without a family...

K1 is proper only for your fiancee. The son needs an IR2 visa (immediate relative where 2 = child of US Citizen). The son will become a citizen once he enters the USA. You can apply for his US passport once he enters. The process starts by filing an I-129F for your fiance and an I-130 for the child.

thanks for your reply... i will try to fill up IR2 for my son...