will we ever make it?

[pagong 7]

my fiance filed the 129-f last October 3, 2012 and we received the NOA1 on October 12. it's under California service center. i am 11 weeks pregnant now,and we're scared that the airlines wouldn't allow me to travel if i got all the papers done after my 7th month. we filed the expedited request but it seems that they didn't honor it. is there possibility that we will make it to US. thanks

[VanessaTony 3,567]

why did you apply for expedite? Based on your pregnancy alone? Is it a high-risk pregnancy? Medical care that you can ONLY receive in the US?

You will not be expedited due to pregnancy. Unlikely you will be approved before you are 7 months pregnant. Maybe if they speed up, and you're lucky, but still unlikely. Plan for the worst and hope for the best... though honestly I would think that remaining around your family for the birth would be better than basically being alone. Your fiance is great I'm sure, but he won't replace your need for your family at that time, and getting them visas to the US can be very hard.

[reese1 68]

You can fly after 7 months. I flew at 8 months and looked like I was going to deliver at any moment. Most airlines will allow you to fly up until 36 weeks, however may be asked for a note from a doctor although I was not. Can't really say if you will get everything approved and visa in hand before your due date in 29 weeks(7 months). Best of luck to you!

[pagong 7]

why did you apply for expedite? Based on your pregnancy alone? Is it a high-risk pregnancy? Medical care that you can ONLY receive in the US?

You will not be expedited due to pregnancy. Unlikely you will be approved before you are 7 months pregnant. Maybe if they speed up, and you're lucky, but still unlikely. Plan for the worst and hope for the best... though honestly I would think that remaining around your family for the birth would be better than basically being alone. Your fiance is great I'm sure, but he won't replace your need for your family at that time, and getting them visas to the US can be very hard.

we just tried to expedite though we know that it's for special cases only. we're a bit worried for the baby and another process to do if i give birth here. may due will be around 3rd week of May to 1st week of june. more likely my fiance cant be here on that dates.

[pagong 7]

You can fly after 7 months. I flew at 8 months and looked like I was going to deliver at any moment. Most airlines will allow you to fly up until 36 weeks, however may be asked for a note from a doctor although I was not. Can't really say if you will get everything approved and visa in hand before your due date in 29 weeks(7 months). Best of luck to you!

how long does it take you to process everything? thanks

[QueenE 173]

Its hard to say... It took 6 months to get noa2 then you have to consider the additional wait from there.

Its hard to say... It took 6 months to get noa2 then you have to consider the additional wait from there. It probable you wont make it on time

[SteveKarlaMayer 21]

my fiance filed the 129-f last October 3, 2012 and we received the NOA1 on October 12. it's under California service center. i am 11 weeks pregnant now,and we're scared that the airlines wouldn't allow me to travel if i got all the papers done after my 7th month. we filed the expedited request but it seems that they didn't honor it. is there possibility that we will make it to US. thanks

You guys should be able to make it. And wherever the baby will be born, he'll be an automatic US Citizen.

[reese1 68]

how long does it take you to process everything? thanks

Although it may not, it could take up to 5 months to get your NOA2(approval of petition). Then go to NVC, hopefully no AP at that stage or could be another 3 weeks of waiting, then be transferred to the Embassy and get an interview date. Then get the actual visa in had might take a week or so. The fact that it is holiday season may slow everything down. But never say never. It could happen.

[VanessaTony 3,567]

You guys should be able to make it. And wherever the baby will be born, he'll be an automatic US Citizen.

No he's not, he's automatically ELIGIBLE to be a USC provided the USC fiance has fulfilled residency requirements (if the child is born outside the US). If the USC hasn't lived in the US for long enough the child wouldn't be eligible. They will have to file CRBA, and he will need to prove he was there around the time of conception, or a DNA test will be done.

[Alaska2012 462]

No he's not, he's automatically ELIGIBLE to be a USC provided the USC fiance has fulfilled residency requirements (if the child is born outside the US). If the USC hasn't lived in the US for long enough the child wouldn't be eligible. They will have to file CRBA, and he will need to prove he was there around the time of conception, or a DNA test will be done.

Yes the USC must prove that he has lived in the us for at least 5 years of his life. And the USC must sign a bunch of documents.

He will NOT need to prove he was around for the time of conception and DNA testing is very rare!

The USC doesn't even have to be at the embassy to register the birth, with the right documents the mum can do it herself.

I went through all this in May, its a lot of paperwork to take care of but its fairly easy!

Plus giving birth in your home country OP, the baby will have dual citizenship once you registered the birth at the embassy.

[VanessaTony 3,567]

Yes the USC must prove that he has lived in the us for at least 5 years of his life. And the USC must sign a bunch of documents.

He will NOT need to prove he was around for the time of conception and DNA testing is very rare!

The USC doesn't even have to be at the embassy to register the birth, with the right documents the mum can do it herself.

I went through all this in May, its a lot of paperwork to take care of but its fairly easy!

Plus giving birth in your home country OP, the baby will have dual citizenship once you registered the birth at the embassy.

You are married, the OP is not. Children born in the marriage are assumed to be the children of the husband. It is different when the couple is not married. It is important to remember that different situations affect the process, as does the country in question. Here is the CRBA stuff for PI: http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

Legitimation/Legal Relationship - The child/applicant must meet the legal requirements pertaining to legitimation. A child born to a female U.S. citizen (and a non-U.S. citizen father) is automatically legitimated. Proof of legitimation is, however, required for a child born to a male U.S. citizen. Persons born to an in-wedlock U.S. citizen father and non-U.S. citizen mother are legitimated by virtue of the marriage. Persons born to an out-of-wedlock U.S. citizen father and non-U.S. citizen mother, and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of two methods. See the Legitimation Requirements for further details.

Blood Relationship (Filiation) - A biological and legal relationship with the child/applicant and the claimed U.S. citizen parent must be established. The burden of proving a claim to U.S. citizenship, including blood relationship, is on the person making such claim. When no substantive form of credible evidence is available in conjunction with a CRBA or Passport application, a parent may find genetic testing to be a useful tool for confirming a stated biological relationship. Note: Do not initiate a DNA test unless it was recommended by the Embassy for your pending CRBA or Passport application. A DNA Test that was done independently and not according to Department of State procedures will not be accepted to support a CRBA or Passport application. For more information, read the DNA Testing Procedures. Click here for English version. Click here for the Filipino version.

(underlining added)

Read further down that page and there is a section that states with the CRBA application form DD-5507 (physical presence) form is required. If that evidence isn't enough they MAY require DNA.

**Edit - in many countries, as with USC, children are dual citizens whether born in their other country or not. Australia for example requires a "registration" process, so does the UK. I believe the same is the case if the child was born in the US, it would be a dual US/PI but would have to register for PI cit.

Edited November 18, 2012 by Vanessa&Tony

[pagong 7]

No he's not, he's automatically ELIGIBLE to be a USC provided the USC fiance has fulfilled residency requirements (if the child is born outside the US). If the USC hasn't lived in the US for long enough the child wouldn't be eligible. They will have to file CRBA, and he will need to prove he was there around the time of conception, or a DNA test will be done.

my fiance is living in US all his life, just came here to visit and the next will be around January. i've read that it's gonna be different if we're not married and i've never been to US. things are confusing. thanks