Fiance will likely give birth before the K-1 visa is approved!

[jparris30 0]

I sent the petition for the K-1 visa at the end of October. Two weeks after sending the application we found out that my fiance is pregnant. I was hoping that she would get the visa before she gave birth so we can have the child in the US but that seems unlikely. The child will not have automatic US citizenship since I don't meet the 5 year physical presence requirement. After or before the child is born is there anyway I can simply add him/her to my fiance's visa application instead of having to go through this whole application process again?

[lufthgiled 6]

I sent the petition for the K-1 visa at the end of October. Two weeks after sending the application we found out that my fiance is pregnant. I was hoping that she would get the visa before she gave birth so we can have the child in the US but that seems unlikely. The child will not have automatic US citizenship since I don't meet the 5 year physical presence requirement- what do you mean by that? You are not a USC?? Coz as far as I know ONLY A USC can file I-129f After or before the child is born is there anyway I can simply add him/her to my fiance's visa application instead of having to go through this whole application process again?

If you are Naturalized USC then your ok.

About the child I assume that your fiancee's GPO is 3mos and 1week and your noa2 will arrive April (hopefully, just keep on praying) and I just don't know airline policies about boarding on the pregnant.

You can call the USCIS..

or

I hope somebody get on this to clarify =)

[baron555 934]

I sent the petition for the K-1 visa at the end of October. Two weeks after sending the application we found out that my fiance is pregnant. I was hoping that she would get the visa before she gave birth so we can have the child in the US but that seems unlikely. The child will not have automatic US citizenship since I don't meet the 5 year physical presence requirement. After or before the child is born is there anyway I can simply add him/her to my fiance's visa application instead of having to go through this whole application process again?

Yes you add them to the DS-156K form to have them issued a K-2 visa.

[jparris30 0]

If you are Naturalized USC then your ok.

About the child I assume that your fiancee's GPO is 3mos and 1week and your noa2 will arrive April (hopefully, just keep on praying) and I just don't know airline policies about boarding on the pregnant.

You can call the USCIS..

or

I hope somebody get on this to clarify =)

I am a US citizen as I was born in the US but I've lived abroad for almost my whole life (I hold dual citizenship). For my child to get US citizenship at birth from me I would have had to have lived in the US for at least 5 years which I have not.

[jparris30 0]

Yes you add them to the DS-156K form to have them issued a K-2 visa.

I'm assuming that what will likely happen is that my fiance will likely get the visa in May or perhaps early June which is too close to the due date which means she can't travel, so she will have to have our baby in her home country. So after the baby is born I would then add him/her to the DS-156K form? How would I go about doing that? My fiance's K-1 visa would have already been issued at that point. Thanks for your help.

[baron555 934]

I'm assuming that what will likely happen is that my fiance will likely get the visa in May or perhaps early June which is too close to the due date which means she can't travel, so she will have to have our baby in her home country. So after the baby is born I would then add him/her to the DS-156K form? How would I go about doing that? My fiance's K-1 visa would have already been issued at that point. Thanks for your help.

You'll email the Embassy and they will provide direction. Her K-1 is valid for six months from the time it is issued but Embassies all the time grant extensions to that 6 months and this case would be a perfect example. Don't worry they will have the mother and very young child's best interests in mind. Good luck and pre-congrats !!

[jparris30 0]

Has anyone had any previous experiences with something like this situation? Your help is much appreciated

[lost_at_sea 995]

If you are Naturalized USC then your ok.

About the child I assume that your fiancee's GPO is 3mos and 1week and your noa2 will arrive April (hopefully, just keep on praying) and I just don't know airline policies about boarding on the pregnant.

You can call the USCIS..

or

I hope somebody get on this to clarify =)

36 weeks is the general cut-off for not being allowed to fly when pregnant, although I know of times when very pregnant looking ladies have been turned away without a doctor's note to say they're okay to go.

Edited February 20, 2013 by lost_at_sea

[aaron2020 11,652]

I sent the petition for the K-1 visa at the end of October. Two weeks after sending the application we found out that my fiance is pregnant. I was hoping that she would get the visa before she gave birth so we can have the child in the US but that seems unlikely. The child will not have automatic US citizenship since I don't meet the 5 year physical presence requirement. After or before the child is born is there anyway I can simply add him/her to my fiance's visa application instead of having to go through this whole application process again?

Your child will not be a US citizen at birth since you do not meet the 5 years residency rule. Therefore, your child will need a visa to immigrate to the US.

You can add your child to the petition for your fiancee. Your child will receive a K-2 visa.

Once your child enters the US with the K-2, you can add the child to your wife's AOS petition.

When your child gets his/her green card, your child will meet all four requirements of the Child Citizenship Act and will automatically become a US citizen. Your wife will remain a green card holder.

[jparris30 0]

Your child will not be a US citizen at birth since you do not meet the 5 years residency rule. Therefore, your child will need a visa to immigrate to the US.

You can add your child to the petition for your fiancee. Your child will receive a K-2 visa.

Once your child enters the US with the K-2, you can add the child to your wife's AOS petition.

When your child gets his/her green card, your child will meet all four requirements of the Child Citizenship Act and will automatically become a US citizen. Your wife will remain a green card holder.

How do I go about adding my baby to the petition for my fiancee? I'm assuming the baby will likely be born either before my fiancee has her interview but after NO2 has been received, or possibly the baby will be born after my fiancee has already received her K-1 visa (but was unable to travel to the US before the birth because she was already too far along in the pregnancy). Can I simply add the baby to the petition after she has already been granted the visa?

[jparris30 0]

How do I go about adding my baby to the petition for my fiancee? I'm assuming the baby will likely be born either before my fiancee has her interview but after NO2 has been received, or possibly the baby will be born after my fiancee has already received her K-1 visa (but was unable to travel to the US before the birth because she was already too far along in the pregnancy). Can I simply add the baby to the petition after she has already been granted the visa?

Anyone that can answer these questions?

Thanks

[mtulloch1914 0]

How do I go about adding my baby to the petition for my fiancee? I'm assuming the baby will likely be born either before my fiancee has her interview but after NO2 has been received, or possibly the baby will be born after my fiancee has already received her K-1 visa (but was unable to travel to the US before the birth because she was already too far along in the pregnancy). Can I simply add the baby to the petition after she has already been granted the visa?

Did you ever recieve a response or clearification to this question? I'm in that exact situation right now.