Advice on I129F

[julitathomas0810 30]

I need to add a K2 from a pregnancy while the I129F was filed . Right now with our case we have an RFE on July 16th . The baby was born on July 23rd . Since we have an RFE will this be a chance to add the baby ? If so how would I do this ? At this point I did not receive the letter . However I believe it is for outdated G325A forms I used . It was the only thing I could find fault while looking at my I129F copy . Born in the Philippines baby girl

Edited July 24, 2013 by julitathomas0810

[d3adc0d3 186]

Was the child born in the US?

[julitathomas0810 30]

Was the child born in the US?

Born in the Philippines

[d3adc0d3 186]

Then you would need to read this:

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

I believe your fiance would need to file for a CRBA

A child born abroad to a U.S. citizen parent or parents may acquire U.S. citizenship at birth if certain statutory requirements are met. The child’s parents should contact the nearest U.S. embassy or consulate to apply for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) to document that the child is a U.S. citizen. If the U.S. embassy or consulate determines that the child acquired U.S. citizenship at birth, a consular officer will approve the CRBA application and the Department of State will issue a CRBA, also called a Form FS-240, in the child’s name.

If your child is granted citizenship at birth you won't need to file anything else.

Good luck.

Edited July 24, 2013 by d3adc0d3

[julitathomas0810 30]

Then you would need to read this:

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

I believe your fiance would need to file for a CRBA

If your child is granted citizenship at birth you won't need to file anything else.

Good luck.

I need a K2 child is not mine

[baron555 934]

I need to add a K2 from a pregnancy while the I129F was filed . Right now with our case we have an RFE on July 16th . The baby was born on July 23rd . Since we have an RFE will this be a chance to add the baby ? If so how would I do this ? At this point I did not receive the letter . However I believe it is for outdated G325A forms I used . It was the only thing I could find fault while looking at my I129F copy . Born in the Philippines baby girl

Whatever form asks to list all children, send in an updated form with explanation letter....along with any RFE documentation you have to send.

[d3adc0d3 186]

Whatever form asks to list all children, send in an updated form with explanation letter....along with any RFE documentation you have to send.

Beat me to it!

[Redicent 14]

I need a K2 child is not mine

In a case such as this, a psychological exam of the petitioner may be warranted. It may also raise a red flag as to the validity of the relationship.

[d3adc0d3 186]

In a case such as this, a psychological exam of the petitioner may be warranted. It may also raise a red flag as to the validity of the relationship.

We are not here to judge and you do not know the circumstances surrounding it.

[Redicent 14]

We are not here to judge and you do not know the circumstances surrounding it.

Who's judging? Im saying it may raise a red flag.

[Redicent 14]

Beside raising questions about the validity of the relationship, there is another hump to mount. If the pregnancy was the result of a legal artificial insemination process, then there will be documents to prove that. If the pregnancy was the result of other extra-legal means, then the biological father must be involved in removing the infant from the Philippines. CFO/Emmigration will not allow an infant Philippine citizen to leave the country without parental consent. The mother would have to show that the biological father is either: 1. A sperm donor though an accepted legal method or 2. That the father consents or 3. That the father is dead and the relatives dont object.

[d3adc0d3 186]

The woman could also be a victim of rape, or a sexually abusive relationship. She could've had a one night stand ages ago, or it could be from a previous relationship.

If I remember correctly the K1 will cover the stepchildren if they're put on the petition, due to a recent change on how the K1 operates. I am not 100% sure though and you'll need to check

As for the laws regarding taking the infant from the country a quote from a legal source:

By law and jurisprudence, the mother of an illegitimate child has sole parental authority and is entitled to keep the child in her company. This rule continues to apply even when the father of the child acknowledges filiation (paternity), although the court may order the father to provide support as a result of the acknowledgment, but not custody.

Source:

http://legalcounseling.wordpress.com/category/family-law/child-custody-rule/

Edited July 24, 2013 by d3adc0d3

[Redicent 14]

The woman could also be a victim of rape, or a sexually abusive relationship. She could've had a one night stand ages ago, or it could be from a previous relationship.

If I remember correctly the K1 will cover the stepchildren if they're put on the petition, due to a recent change on how the K1 operates. I am not 100% sure though and you'll need to check

As for the laws regarding taking the infant from the country a quote from a legal source:

Source:

http://legalcounseling.wordpress.com/category/family-law/child-custody-rule/

So you think its not a red flag?

I just browsed over the article. Does custody allow removal of the child from the country? What about visitation rights?

Custody and removing the child from the country are different matters. In addition to that, if the father is married, adultery is a criminal offence in the Philippines.

Edited July 25, 2013 by Redicent

[baron555 934]

Who's judging? Im saying it may raise a red flag.

You stated a psychological exam may be needed. What's up with that statement?

[Redicent 14]

You stated a psychological exam may be needed. What's up with that statement?

This is essentially an adoption case, at least half way so. A a psychological exam is required to adopt in the Philippines.