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Mighty Ferengi

Child born before K1 is finished

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Filed: K-1 Visa Country: Philippines
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I know a couple who is also getting their K1 in the Philippines. They just received their NOA1 a couple of weeks ago. Then she informs her finacee that she is pregnant from him his last visit to see her. (Never use cheap condoms, kids.) So now the question is how will this play out? If the child is born to a US citizen, does the child need to have a K2? Can the K2 be added after the K1 has already started processing?

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If the child is eligible for USC, they will be able to get a US passport. With claim to USC, the child must travel on a US passport and cannot get a K2. If citizenship cannot be passed on to the child, the child can be added to the case even if the K1 is already in process, or if the K1 is already issued. Here is a link with info about acquiring USC at birth:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

Edited by Ian H.

This does not constitute legal advice.

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The USC Parent will have to file a Consular Report of Birth Abroad with the US Embassy if the child is born abroad: http://manila.usembassy.gov/service/citizenship.html

"Ad Astra Per Aspera"

"Audentes Fortuna Adiuvat"

==========

Dec 11, 2014 - Filed I-130 via DCF @ US Embassy Manila (...and we're on the clock...) - Read about my experience filing DCF here > http://www.visajourney.com/forums/topic/527064-filed-dcf-i-130-for-ir-1-at-us-embassy-manila-aar/

Dec 11, 2014 - NOA1: Not sure what to put here, Dec 11, 2014, Dec 24, 2014 or something in between.

Dec 24, 2014 - NOA2: I called USCIS @ USEM on Jan 5, 2015 and was told the I-130 was approved on Christmas Eve. Thank you Santa!

Jan 13, 2015 - MNL Case Number & Packet 3 Received via email (I emailed the IV Unit-Manila requesting these on Jan 5, 2015 and Jan 12, 2015)

Jan 21, 2015 - NOA2: Mailed (via PhilPost!) paper/hard copy delivered to our place here in Manila.

Jan 22, 2015 - Packet 3: Mailed (again via PhilPost!) paper/hard copy delivered to out place here in Manila.

Feb 24 & 25, 2015 - Day 1 & Day 2 of Medical @ SLEC. Immunizations given on Day 2, thankfully

Mar 5, 2015 - USEM Interview Appointment - IR-1 Visa Approved! (CEAC Status updated to ISSUED afternoon of interview day)

Mar 10, 2015 - 3pm - Received SMS saying IV Package ready for pickup at 2GO MoA. Picked up at 5pm. (Shipped/Picked Up/In Hand on 3rd Business Day post interview)

Mar 13, 2015 - CFO Manila - Done

==========

Now disposing/selling/giving away/shipping to the US stuff from 14 years in the PHL and 4 years together before heading to POE.

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Filed: Other Country: Philippines
Timeline

I know a couple who is also getting their K1 in the Philippines. They just received their NOA1 a couple of weeks ago. Then she informs her finacee that she is pregnant from him his last visit to see her. (Never use cheap condoms, kids.) So now the question is how will this play out? If the child is born to a US citizen, does the child need to have a K2? Can the K2 be added after the K1 has already started processing?

If the USC is the father then the child is a USC as well, need to complete the CRBA at the embassy and the child will be issued a U.S. passport. Not K-2.

http://manila.usembassy.gov/service/citizenship.html

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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I am hoping that your comment about "cheap condems" is just a joke. Because cheap or not, if your friend thought he was protected he may have more issues to think about. And this is not just a Philippino issue,,,, it happens all the time and everywhere, including in USA. Just saying....

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