K1 Visa with baby on the way

[Lucky2Lucky 2,526]

Happy Thanksgiving VJers. I’m asking a question for a relative. He has a pending k1 visa and the foreign fiancé is currently pregnant. There is a good chance she will give birth prior to the k1 visa (if all goes smooth) what would he have to do to make sure the baby can come here when her visa is (hopefully) granted. Thank you 

[TM92 527]

2 hours ago, Luckycuds said:

I’m asking a question for a relative. He has a pending k1 visa and the foreign fiancé is currently pregnant.

The question is if your relative is eligible to transmit US citizenship to the baby:

Quote

Child born out of wedlock to a U.S. Citizen father

A child born outside of the United States and out of wedlock to a U.S. citizen father, may acquire U.S. citizenship if the father was a U.S. citizen at the time of the child’s birth and, if the father was physically present in the United States or one of its outlying possessions for five years, two of which were after the age of fourteen.

 

In addition, the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until he/she reaches the age of 18 years old.

The second part of the quote above is part of the CRBA application (page 3 of DS-2029).

Edited November 23, 2018 by TM92

[Lucky2Lucky 2,526]

3 hours ago, TM92 said:

The question is if your relative is eligible to transmit US citizenship to the baby:

The second part of the quote above is part of the CRBA application (page 3 of DS-2029).

Thank you! Now that I have some basics I will know what to look into. By any chance would you happen to know if the “length of citizenship” would matter? He is a US citizen by naturalization approx 2 years ago. He has lived in the US for more than 5 years (prior to citizenship held LPR) with only brief travel outside of the country during this time. That would be wonderful if he could transmit US citizenship to the child. 

[Lucky2Lucky 2,526]

I provided a screenshot from the US Dept of State website where you referenced the info but it doesn’t specify if there the us citizen father had to hold his citizenship for a specific amount of years...this would lead me to believe as long as he is a us citizen the “length” of us citizenship doesn’t matter as long as he has been physically present in the us for 5+ years. Thoughts? 

[TM92 527]

4 hours ago, Luckycuds said:

as long as he is a us citizen the “length” of us citizenship doesn’t matter as long as he has been physically present in the us for 5+ years.

Correct; here is the link: https://fam.state.gov/fam/07fam/07fam1130.html (the link gives a 404 message, maybe it was recently moved; here is a recent capture)

Quote

Naturalized citizens may count any time they spent in the United States or its outlying possessions both before and after being naturalized, regardless of their status. Even citizens who, prior to lawful entry and naturalization, had spent time in the United States illegally can include that time.

Will the baby also have a foreign citizenship (e.g. from the place of birth or from the mother)? From https://thepointsguy.com/guide/two-passport-travel-double-trouble-or-twice-the-charm/:

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The general rule of thumb for dual nationals going to one of their countries is enter and exit on that country’s passport.

If the baby is a citizen of both countries, then they should apply for both a US passport (together with the CRBA) and the foreign passport for him. Here is a guide (one of many) for dual citizen travel: https://www.theworldwasherefirst.com/travelling-with-two-passports/ At first it might seem complex, but with any future trips they'll gain more practice and master it.

Here is a blog post with tips on taking passport photos for infants: https://parenthoodandpassports.com/take-baby-passport-photo/

Edited November 23, 2018 by TM92

[TM92 527]

14 minutes ago, TM92 said:

https://fam.state.gov/fam/07fam/07fam1130.html (the link gives a 404 message, maybe it was recently moved; here is a recent capture)

@Luckycuds, yup they recently moved it: https://fam.state.gov/fam/08fam/08fam030107.html

[geowrian 22,335]

Physical presence includes time as a non-citizen.

Edited November 23, 2018 by geowrian

[Lucky2Lucky 2,526]

On 11/23/2018 at 12:05 PM, geowrian said:

Physical presence includes time as a non-citizen.

Great, he’s been here 12 years but only citizen roughly 2 years. Thanks everyone for replying I’ve been able to gather more info on the CRBA (always saw tha on the site but never knew what it was!) and help him start gathering the requirements