Financee Pregnant...

[ploovo 0]

I am getting ready to begin my Visa Journey with my loved one who has found herself on hard times of late. Late last year she was attacked and subsequently raped and is now with child. Does anyone have any insight in to how this may effect her Visa interview when she has it? Also, am I better off to wait until she has the child in her home country or try and get her here before the child is born? She is due in September or early October. Any thoughs on this would be great. I appreciate the help.

[cellarlily 0]

I would think it would be better for her to have the child in the US as it will have automatic citizenship (right?).

Unless someone brings up "who is the father of your baby", I don't think she should offer that information. That's not their business and clearly is a very traumatic event in her life.

[Dan J 277]

If you can get the process done quick enough and the child is born here, the child will become a US citizen. Otherwise I do belive you will have to file for a K-2 Visa for the child.

[Andy 2]

It's critical that the pregnancy is declared, because it will show up in the medical one way or another. If not declared the consulate would have to return the petition to the USCIS for review, because you would have to be given the opportunity to confirming your knowledge of it and wish to continue or withdraw. If the pregnancy is declared, the circumstances should also be provided such that you can make clear that you are aware of the impending child and wish the case to continue (that being so of course).

The fact that she is pregnant with someone else's baby will raise some questions at the interview (hence the need to divulge the circumstances and preferably be able to provide a copy of the police report) but as long as it is clear you know of the issue and wish to proceed, will not prevent the K-1 being issued.

[ploovo 0]

The question is should I list the unborn on the I-129F form in the children section? She has one other child and I am told that the father is not on the birth certificate of her first child as well. She obviously has not idea who the father is of the unborn as she was attacked by two people who were not apprehended. My guess is I need to state this either in the cover letter or some other documentation, any thoughts?

By the way, thanks for the insights. I really appeciate it.

It's critical that the pregnancy is declared, because it will show up in the medical one way or another. If not declared the consulate would have to return the petition to the USCIS for review, because you would have to be given the opportunity to confirming your knowledge of it and wish to continue or withdraw. If the pregnancy is declared, the circumstances should also be provided such that you can make clear that you are aware of the impending child and wish the case to continue (that being so of course).

The fact that she is pregnant with someone else's baby will raise some questions at the interview (hence the need to divulge the circumstances and preferably be able to provide a copy of the police report) but as long as it is clear you know of the issue and wish to proceed, will not prevent the K-1 being issued.

[Thai Pham 0]

removed per TOS. Sorry everyone. -Ewok

[TimsDaisy 0]

Do you plan on being a father to this child?

There is no required paternity test to have someone's name placed on a birth certificate as the father. I doubt she'll be asked who the biological father is - and there will be a heavy presumption that you're the father anyway.

While you may need to disclose the pregnancy, you don't need to get into the details of the unborn child's conception. There's no need for this to raise any flags whatsoever.

Also, I believe you do not list the unborn child because it isn't yet a person (there's no fetus passport or visa).

And yes, if the child is born on American soil, it will be American by birthright.

If you get going on the paperwork now, you may be able to have her here before she gives birth - but it could be close (also, consider possible travel restrictions - imposed by a doctor, not by a government - on her traveling too late in her pregnancy). You might want to give a qualified immigration attorney a call to find out what happens if, say, she's approved and then goes into labor before she gets to America. You don't want her K1 to expire while she's waiting for a K2 for the baby. But since children aren't a factor in my journey, I have no idea about the wait times or details for this sort of situation.

[Cécy 44]

The question is should I list the unborn on the I-129F form in the children section? She has one other child and I am told that the father is not on the birth certificate of her first child as well. She obviously has not idea who the father is of the unborn as she was attacked by two people who were not apprehended. My guess is I need to state this either in the cover letter or some other documentation, any thoughts?

By the way, thanks for the insights. I really appeciate it.

I doubt you can list someone who isn't born... It isn't considered as an individual yet.

You can always do a letter to the USCIS about the situation but I don't think it will matter until you get to the Medical examination and Embassy interview anyway.

[Andy 2]

The question is should I list the unborn on the I-129F form in the children section? She has one other child and I am told that the father is not on the birth certificate of her first child as well. She obviously has not idea who the father is of the unborn as she was attacked by two people who were not apprehended. My guess is I need to state this either in the cover letter or some other documentation, any thoughts?

You can't petition for an UNBORN child, thus the I-129F should list the present child and you should provide a separate note regarding the pregnancy and your know;ledge of it and the circumstances. In terms of the petition it isn't important and won't really play a part, but it means the USCIS will have that information on file, such that when it surfaces in the consulate, there will already be a record of your knowledge and wish to proceed - thus while your partner will have to expect to be questioned, there should be no risk of processing being suspected pending a review which would be to get your decision on record. When it comes to the visa interview, you should submit a new note restating the same information so that it can be presented to the consular officer if requested.

[ploovo 0]

Thank you for the comments. Your comments make sense. I do plan on being a father to the two kids when everyone arrives here. I am just gathering all my paperwork necessary and will let the time progress normally, if the kid is born in Costa Rica so be it, I will fill out the necessary forms to keep both childern here.

Good luck on your journey, again I appreciate it.

Do you plan on being a father to this child?

There is no required paternity test to have someone's name placed on a birth certificate as the father. I doubt she'll be asked who the biological father is - and there will be a heavy presumption that you're the father anyway.

While you may need to disclose the pregnancy, you don't need to get into the details of the unborn child's conception. There's no need for this to raise any flags whatsoever.

Also, I believe you do not list the unborn child because it isn't yet a person (there's no fetus passport or visa).

And yes, if the child is born on American soil, it will be American by birthright.

If you get going on the paperwork now, you may be able to have her here before she gives birth - but it could be close (also, consider possible travel restrictions - imposed by a doctor, not by a government - on her traveling too late in her pregnancy). You might want to give a qualified immigration attorney a call to find out what happens if, say, she's approved and then goes into labor before she gets to America. You don't want her K1 to expire while she's waiting for a K2 for the baby. But since children aren't a factor in my journey, I have no idea about the wait times or details for this sort of situation.

[Andy 2]

You can always do a letter to the USCIS about the situation but I don't think it will matter until you get to the Medical examination and Embassy interview anyway.

The reason it matters and that it's best for USCIS to know beforehand, is that if a beneficiary turns up at interview pregnant, or with a child that was not declared in the petition, the consulate CAN'T continue processing the case since it's a material factor impacting the validity of he petition. The case must then return to the USCIS, which at best means a delay, and at worst a denial of the petition so the case abruptly ends! It is crucial the USCIS know in advance to avoid this happening, since if they already know the petitioner is aware of the child and wishes to proceed, there is minimal risk of the case being referred back unless there are other suspicious circumstances.

And to the other poster, yes, parentage matters in the immigration system. There is not 'assumption' that the child belongs to the petitioner, and it's reasonable to expect the consulate official conducting the interview would ask. The best way to handle this is to ensure they already know, thus both petitioner and beneficiary are in control of, and fully aware, of the information the consular officer has. Leaving it to chance at interview increases the risk of problems at the interview.

[ploovo 0]

Thanks.

Would I simply add this in the cover letter portion of my package to USCIS? Also, I did consult a lawyer on this and he told me not to claim the child as my own as if they find out it is a federal offense and I can be prosecuted so I will not be doing that. I just need to know how to disclose this and where to do it. Thanks again.

You can always do a letter to the USCIS about the situation but I don't think it will matter until you get to the Medical examination and Embassy interview anyway.

The reason it matters and that it's best for USCIS to know beforehand, is that if a beneficiary turns up at interview pregnant, or with a child that was not declared in the petition, the consulate CAN'T continue processing the case since it's a material factor impacting the validity of he petition. The case must then return to the USCIS, which at best means a delay, and at worst a denial of the petition so the case abruptly ends! It is crucial the USCIS know in advance to avoid this happening, since if they already know the petitioner is aware of the child and wishes to proceed, there is minimal risk of the case being referred back unless there are other suspicious circumstances.

And to the other poster, yes, parentage matters in the immigration system. There is not 'assumption' that the child belongs to the petitioner, and it's reasonable to expect the consulate official conducting the interview would ask. The best way to handle this is to ensure they already know, thus both petitioner and beneficiary are in control of, and fully aware, of the information the consular officer has. Leaving it to chance at interview increases the risk of problems at the interview.

[Andy 2]

Would I simply add this in the cover letter portion of my package to USCIS? Also, I did consult a lawyer on this and he told me not to claim the child as my own as if they find out it is a federal offense and I can be prosecuted so I will not be doing that. I just need to know how to disclose this and where to do it. Thanks again.

No, you certainly don't want to claim it as yours if it isn't - it has to be said that if you were to do that and for some reason the fact came out in interview, it could have a dramatically damaging impact on the case!

What I would do is write a note that explains that your fiancee currently has one child, listed in the petition for whom a K-2 will be sought, and is also pregnant with a child that is not your own. That you are aware of this fact and wish the case to proceed in the knowledge of it, and also state that you will provide a copy of the note to your fiancee for presentation at the consulate at thew appropriate time to confirm the fact. Enclose the note with the petition, and send a copy of it to your partner.

By the way, if the baby was conceived during the time you are claiming to know your fiancee, it would be sensible to explain the circumstances of the conception such that when the case is reviewed at the consulate, they are not left with any reason to wonder why your partner is pregnant with someone else's child. If the attack took place before you met her, it is less important to detail the circumstances of the pregnancy, but it could still be wise to do so.

[ploovo 0]

Andy,

Another good point about the timeline and the pregnancy. It did happen while I knew her, I have known her for almost two years now so this will be an issue and one that needs to be explained. Good point and I will take it under advisement. I owe you one. Thanks, man.

Ploovo

Would I simply add this in the cover letter portion of my package to USCIS? Also, I did consult a lawyer on this and he told me not to claim the child as my own as if they find out it is a federal offense and I can be prosecuted so I will not be doing that. I just need to know how to disclose this and where to do it. Thanks again.

No, you certainly don't want to claim it as yours if it isn't - it has to be said that if you were to do that and for some reason the fact came out in interview, it could have a dramatically damaging impact on the case!

What I would do is write a note that explains that your fiancee currently has one child, listed in the petition for whom a K-2 will be sought, and is also pregnant with a child that is not your own. That you are aware of this fact and wish the case to proceed in the knowledge of it, and also state that you will provide a copy of the note to your fiancee for presentation at the consulate at thew appropriate time to confirm the fact. Enclose the note with the petition, and send a copy of it to your partner.

By the way, if the baby was conceived during the time you are claiming to know your fiancee, it would be sensible to explain the circumstances of the conception such that when the case is reviewed at the consulate, they are not left with any reason to wonder why your partner is pregnant with someone else's child. If the attack took place before you met her, it is less important to detail the circumstances of the pregnancy, but it could still be wise to do so.

[Andy 2]

Good point and I will take it under advisement.

If she filed a report of the rape, then getting a copy of that would be a good idea because it adds substance that will not only win some sympathy, but also show there to be valid reasons for you to stick by her despite the pregnancy. Don't be misled by suggestions that these sort of things are not anyone's business but yours and your partner's, or that you don't have to tell them what you might not wish to - all details are relevant in an immigration case where the visa will be denied or approved based on clear evidence that you and your partner have a genuine relationship. The consulate will take nothing of a material nature for granted, and an unborn child of a beneficiary seeking entry to live in the US is certainly one of those!

At the outset it isn't necessary however to declare the circumstances, just to give a basic statement along the lines suggested. The explanation may be more critical to provide later, at interview, and you might want to consider the possibility of attending that with her. It's not necessary, but it might be a wise thing to consider. In the meantime, you can talk over what details to declare and what, perhaps need not be. Of course if there was a report filed with the police at the time, best to let the details out anyway, I would say. They would present very little risk to the case and yet be of great potential benefit.

Good luck to you!