K2 Visa vs. CRBA? fiancé is my child's father but his name is not on the BC

[ellebam86 0]

My fiancé and I are both Filipinos by origin but 5 years ago he went to the US under his dad's petition. He is now applying for US Citizenship and once granted, he will file for a petition for my k-1 visa. Our situation is very complicated so please bear with the long post.

We first met here in the Philippines back in 2007 and had a relationship. We were young and i was still a student that time then I got pregnant. Unexpectedly he chickened out and said he can't handle it. It broke my heart and I was very hurt and angry. I was determined to never let him become a part of our lives. His name was not on the birth certificate of the child and the child bears my last name. Next thing I knew he was out of the country. I've been a single mom since then.

Fast forward to 2012 he found me on Facebook and confessed out of the blue that he realized over time how he regretted everything he's done. He said he wanted to make things right and spend the rest of his life with me and our child. Along with that, his family also reached out to us. I hesitated at first but finally decided to give him a second chance since I thought the child deserved the father's acknowledgement and also, i still had some feelings for him.

Long story short, we managed to work our relationship out and are now planning to reunite with our child as a family in the US. We did our research and understood the basics of the process but our situation is unique so we have some questions:

1. Do we need to establish his paternity and update our child's birth certificate prior to filing the petition? Or is it optional since i can take my child with me under the k-1 visa anyway? Are we right to assume that my fiancé will automatically be his legal father once we get there?

As much as possible we'd like to avoid complicating and prolonging our process if it makes no difference. We figured that the second option is ultimately just the same thing as the first but faster and less complicated... but we could be wrong so anyone please enlighten us.

We stumbled upon the thread below suggesting our child might be denied a K2 visa because he is eligible for automatic US citizenship and that we should file for CRBA instead. We'd like to know if this applies to our situation.

http://www.visajourney.com/forums/topic/475957-k1-with-children-big-mistake-i-made/

2. The last time we saw each other in person was before he left for the US and we can't retrieve any proof of our relationship for that period of time since i got rid of everything that reminded me of him. He’s also not sure if he still has our photos saved in his old computer back here. Chances are slim. We have only 1 but very solid proof of our relationship: our 5 year old child. Will a paternity test suffice? Or do we need a recent reunion in person to produce more proof?

3. Just lately, my fiancé finally landed a job after months of hunting. (previous employer had to let him go due to an accident where he had an operation and couldn’t work for months) Does this mean that his tax return might not work on our favor? we thought of having his dad co-sponsor us but i heard that it is rarely approved here in the Philippines? what do you guys suggest we do?

My apologies for the long post i hope someone could help us. we would really be grateful. :-)

[KendrickPaula 2]

your situation is kinda complicated. since you guys got seperated for a long time. and since the father's name is not on the b.c. i would suggest that your fiance file a petition under k1/k2 for you and your kid. well, ifyou applied for CRBA, expect they will let have the child DNA TEST. since the baby is already around 5y.o.. good luck

[icebryker 21]

If you are going for the K1 visa, I think you should have met in person for the last 2 years.

[Alona_Dan 0]

That was my post you read... Based on my experience only and I am not a professional at immigration or anything I'll give you some thoughts.

I'm not really sure if you can do a CRBA since the father was not an American citizen at the time of conception. A lot of it deals with everyone's status at the time of conception I believe. I had tax returns from 2011 and our son was conceived in Mar of 2011. Plus I was born in the US and spent 8 years in the military. So unfortunately I don't think it's possible for a CRBA but don't take my word for it. Do some more research around that concern.

You should still be able to do a K1/K2 and if you decide to go that course. It may complicate things if you mention he is the father and is now an American citizen so be sure when you do you have a copy of his naturalization certificate and copies of his Philippine passport showing when he went to the US. Point of this is if the son if not eligible for CRBA and then you mention the father is a US citizen, you will have to show he was not a US citizen at conception or birth or else you'll be stuck in a similar situation as me.

Maybe get some stateside legal advice since it is so complicated.

[ellebam86 0]

your situation is kinda complicated. since you guys got seperated for a long time. and since the father's name is not on the b.c. i would suggest that your fiance file a petition under k1/k2 for you and your kid. well, ifyou applied for CRBA, expect they will let have the child DNA TEST. since the baby is already around 5y.o.. good luck

great! the k1/k2 petition is what we initially planned and we'd be more than willing to do the DNA test... thanks for the advice!

If you are going for the K1 visa, I think you should have met in person for the last 2 years.

that's what i thought too! it's just that we were advised by some sources including a local agency here that since we have a child, the personal meeting within 2 years need not apply. got me confused..but to be safe, my fiance will come to visit us as soon as he gets his citizenship...

That was my post you read... Based on my experience only and I am not a professional at immigration or anything I'll give you some thoughts.

I'm not really sure if you can do a CRBA since the father was not an American citizen at the time of conception. A lot of it deals with everyone's status at the time of conception I believe. I had tax returns from 2011 and our son was conceived in Mar of 2011. Plus I was born in the US and spent 8 years in the military. So unfortunately I don't think it's possible for a CRBA but don't take my word for it. Do some more research around that concern.

You should still be able to do a K1/K2 and if you decide to go that course. It may complicate things if you mention he is the father and is now an American citizen so be sure when you do you have a copy of his naturalization certificate and copies of his Philippine passport showing when he went to the US. Point of this is if the son if not eligible for CRBA and then you mention the father is a US citizen, you will have to show he was not a US citizen at conception or birth or else you'll be stuck in a similar situation as me.

Maybe get some stateside legal advice since it is so complicated.

thank you for the prompt response and for the heads-up on the naturalization certificate, will definitely do that. so i guess we'll have to go the k2 route for our child then... that being said, updating our child's BC with his father's details and changing his last name wouldn't affect the process, right?

[Hank_ 9,174]

1) Child is not a USC as the father was not a USC at the time of his birth. You can not do CRBA. Child must be included on the I-129F petition as K2. Then do the K2 visa with yours.

2) To petition for the K-1 visa you and your fiance MUST have met in person WITHIN the past 2 years. It will be a waste of time to do a petition without meeting this requirement.

3) Petitioner's income must meet the I-864P poverty guidelines, for 3 people that is $24,412 http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

USEM can be difficult with accepting a co-sponsor, but not impossible. #1 thing they look for when accepting a co-sponsor with the K-1 is that the co-sponsor is family, so his dad is excellent for being a co-sponsor. Being you are just being this process your fiance has time to establish his income with his new job.

** Number #1 on your list right now needs to be MEETING IN PERSON WITHIN THE PAST TWO YEARS.

[isoy_gurl 0]

Hi Guys,

I have almost the same situation.

- Father of my baby girl is a US Citizen since birth, but he's pinoy, he's petitioning us.

- My baby girl's NSO birth certificate has UNKNOWN under the father's name.

My bf decided to do this so we can apply her for K2, but do you think she will be denied of K2 once they learn about her father's identity, even we don't have papers to prove that he's the father?

Hoping for tips and inputs, I will really appreciate it. Thanks!

[Hank_ 9,174]

Hi Guys,

I have almost the same situation.

- Father of my baby girl is a US Citizen since birth, but he's pinoy, he's petitioning us.

- My baby girl's NSO birth certificate has UNKNOWN under the father's name.

My bf decided to do this so we can apply her for K2, but do you think she will be denied of K2 once they learn about her father's identity, even we don't have papers to prove that he's the father?

Hoping for tips and inputs, I will really appreciate it. Thanks!

Was he a U.S. citizen when the child was born? if yes, smarter to correct the BC and get the citizenship for the child. If not USC at the time no issue if his name is or is not on the BC for K2