K-1 visa question

[way99ne 1]

Hello All

I am applying for my K-1 visa in the next couple of weeks. my fiancée is now pregnant 1 1/2 months.

what happens if:

1) the baby is born before she get the visa. How will she be able to get our baby to the US? I don't think we can leave our baby while my finacee does the K-1 visa process(going to the US and file for change of status). will we have to extend or redo the visa because of the timing of the birth of our baby.

2) she gets the visa around the time that my fiancée is unable to travel because she is too close to birth?

Thanks for all the advise.

Cheers

[deleteddd 35]

very interesting! I hope someone can soon come up with an answer

[baron555 934]

Hello All

I am applying for my K-1 visa in the next couple of weeks. my fiancée is now pregnant 1 1/2 months.

what happens if:

1) the baby is born before she get the visa. How will she be able to get our baby to the US? I don't think we can leave our baby while my finacee does the K-1 visa process(going to the US and file for change of status). will we have to extend or redo the visa because of the timing of the birth of our baby.

You declare the child as a K-2 To Join and pay for their medical and visa fee.......or if the other parent is a USC then you could file for it's US Passport but that may take more time than the K-2 process.

2) she gets the visa around the time that my fiancée is unable to travel because she is too close to birth?

Then you just wait to travel. The K-1 visa is valid for use for six months after issuance and many Embassies extend the time period if asked.

Thanks for all the advise.

Cheers

[Removed030114 48]

Hello All

I am applying for my K-1 visa in the next couple of weeks. my fiancée is now pregnant 1 1/2 months.

what happens if:

1) the baby is born before she get the visa. How will she be able to get our baby to the US? I don't think we can leave our baby while my finacee does the K-1 visa process(going to the US and file for change of status). will we have to extend or redo the visa because of the timing of the birth of our baby.

2) she gets the visa around the time that my fiancée is unable to travel because she is too close to birth?

Thanks for all the advise.

Cheers

Congratulations!

Birth of U.S. Citizens Abroad

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.

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

[Penguin_ie 5,997]

Assuming the baby is yours, he or she is most likely US citizen; you simply apply for CRBA and a US passport for them.

The K1 visa, one issued, is valid for 6 months of 6 months from the medical, so that should be enough time for her to give birth and get the CRBA done,

[KayDeeCee 4,896]

Check with you consulate about applying for a CRBA. If not eligible for the CRBA, then you can ask about applying for a K-2 for the newborn at the same time as the mother applies for the K-1.

As Penguin said, the visa will not expire for a few months, so that should give you time. Also, if she ends up about to give birth right before she would be going for her K-1, you could ask the consulate if she could postpone the medical and interview so she could give birth first.

~ Duplicate topic removed ~

[way99ne 1]

Check with you consulate about applying for a CRBA. If not eligible for the CRBA, then you can ask about applying for a K-2 for the newborn at the same time as the mother applies for the K-1.

As Penguin said, the visa will not expire for a few months, so that should give you time. Also, if she ends up about to give birth right before she would be going for her K-1, you could ask the consulate if she could postpone the medical and interview so she could give birth first.

~ Duplicate topic removed ~

But how long does the CRBA take once the baby is born.. could the length of time exceed the six month my fiancée has to enter the USA.

What country are you from?

Hello All

I am applying for my K-1 visa in the next couple of weeks. my fiancée is now pregnant 1 1/2 months.

what happens if:

1) the baby is born before she get the visa. How will she be able to get our baby to the US? I don't think we can leave our baby while my finacee does the K-1 visa process(going to the US and file for change of status). will we have to extend or redo the visa because of the timing of the birth of our baby.

2) she gets the visa around the time that my fiancée is unable to travel because she is too close to birth?

Thanks for all the advise.

Cheers

Im a naturalized US Citizen

[Zedayn 485]

If you are a US citizen when the baby is born, you could be eligible to file CRBA and the baby would be considered a US citizen at birth. However, you need to meet residency requirements first.

I got this information from the US embassy in Philippines website http://manila.usembassy.gov/service/citizenship/derivative-claim-to-citizenship.html but I'm sure most of the US embassies will be the same. I would have searched for your country but I don't know what country your fiancee is from.

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship provided the U.S. citizen parent, prior to the birth of the child, had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen.

[KayDeeCee 4,896]

But how long does the CRBA take once the baby is born.. could the length of time exceed the six month my fiancée has to enter the USA.

As Penguin said, the visa will not expire for a few months, so that should give you time. Also, if she ends up about to give birth right before she would be going for her K-1, you could ask the consulate if she could postpone the medical and interview so she could give birth first.

Postponing the medical and interview would give you more time. The visa will have an expiration of 6 months from the date of the medical exam. If you know the baby will be born near the time she would interview, you could ask the consulate to work with you on postponing things and therefore extending the time you will have to enter the US with the K-1.

[way99ne 1]

Thanks very much all.