K1 visa with our son petition

[micali 0]

Hello everyone ?

1. Petitioning my fiancee and our son, what form do I need to use? Is it automatically petitioning my son together with my fiancée if I use I-129F only? Do I need supporting docs / form to be fill out for my son?

2. Since I'm the biological father of my son, Do I need to file CRBA (consular report of birth abroad) for my son? If so, pls ask them where to file crba, how long it will take and what are the requirements.

By the way I'm the biological father of our son.

Thank you.

[Penguin_ie 6,000]

Were you a US citizen at the time of your son's birth, and can prove you lived in the USA for 5 years? if so yes, you need to file CRBA for him, as he is a US citizen and thus cannot get a K2 visa.

[micali 0]

At the time my fiancée gave birth I'm not yet USC, last 2015 got my USC. My son now is 4yrs old. If that case, I will not file crba for him right? What form do I need to fill out? I want to get them at the same time. Thank you for the reply.

[newacct 688]

There are two options.

1. Your son could come on K-2 with your fiance's K-1. You would only file I-129F for your fiance. But when getting the visa, you would get visas for both of them. After the marriage, both your spouse and son will need to do Adjustment of Status in the US, and when that's approved your son will become a permanent resident and also US citizen.
2. Or, you could petition your son separately with an I-130. In this case your son would get an immigrant visa, and when he enters he will become a permanent resident and also US citizen.

[micali 0]

Thank you so much for answering my questions...

By the way, do I need to attached birth cert of my son in I-129F? What are the requirements? Thank you...

[alenkaya 1]

Hi, we sent a copy of COB of our son, thats what the lawer said to my petitioner.

[micali 0]

Thank you