K1, but confused if this is the right one

[Jpoy 2]

Hi,

 

I am starting this thread because I need help and a little bit confused. First off, I just wanted to say thank you for your time and hopefully you can help me out. 

 

Here's a little bit of background from me and my fiancee/GF. We have been dating for almost 2 years now and we both immediately felt like we were both compatible to each other. I reside in the USA and she resides in the UAE (Dubai), but she is just there for work. She has a B1/B2 Tourist Visa and she would visit me often here in the US. 

 

Little did I know, she surprised me and told me that she is pregnant. I am happy and blessed hearing this from her. 

 

Now, our plan is for her to come home to the Philippines (May 2020), but while she is still in Dubai and sorting everything out, I will file the K1 Visa so that way there are no time wasted. Our goal is for her to be here in the US before she delivers the baby, so that way I can be with her all throughout her pregnancy or some part of it. 

 

Here are my questions....

• If the K1 Visa gets delayed and she delivers the baby in the Philippines, would the K1 Visa that I filed still be correct? If not, what would be the right action? 
• If she gets approved for the K1 Visa and the newborn is already out, what type of actions should we or  I do about the baby - documentations, etc etc?
• Would the baby automatically be a U.S. Citizen since I am a U.S. Citizen?

 

Thank you so much again for reading my thread and I hope that you could help me out with this.

**Questions to follow**

 

Jeff

[Boiler 43,430]

No way a K1 would be that quick.

 

Assuming eligible you would file a CRBA for the child so the child could obtain a US passport.

[JFH 12,189]

Unlikely that she will receive a K-1 visa in time to be able to safely travel to the USA (before she reaches the stage where flying is no longer recommended) to deliver the baby. It’s safe to say the baby will be born before the visa is approved. 

 

The baby will be a USC if you meet the requirements to pass on citizenship. If so, you will need a CRBA to register the child as a USC born outside of the USA. 

[Jpoy 2]

21 minutes ago, Boiler said:

No way a K1 would be that quick.

 

Assuming eligible you would file a CRBA for the child so the child could obtain a US passport.

Would K1 Visa be the right one though? I copy you on the CRBA and thanks!

 

'Supposedly' she is due sometime September 2020. Would you think the K1 Visa be approve by then? 

[Boiler 43,430]

Well you have not started, and there will be a time point when she can not fly and of course none of us can be certain about how long future time lines will be, no harm having a go but not something that is very likely.

[JFH 12,189]

1 hour ago, Jpoy said:

Would K1 Visa be the right one though? I copy you on the CRBA and thanks!

 

'Supposedly' she is due sometime September 2020. Would you think the K1 Visa be approve by then? 

A K-1 is the right one if you are not married. It has nothing to do with how many children you have. If you are married, with or without children, it’s the CR-1. Note that having children or being pregnant will not speed up the processing time or grant any additional privileges. 

 

If she is due in September then she conceived within the last couple of weeks. So it’s early days yet. But you have a lot of preparation and document gathering to do before you can even start the process. Time is of the essence but highly unlikely that she will have the medical (by the way, the medical requires her to have x rays) and interview and the visa back before she is 36 weeks along. Some airlines allow travel beyond 36 weeks but most OBGYNs would not recommend it. 

Edited December 31, 2019 by JFH

[Zach2015 211]

I am not sure if this will help you or not. I filed the k1 for my fiancé who lived in the Philippines in January 2019. She was in the US in July 2019, however she was not pregnant. So is it possible? Possibly. You would really have to start filing ASAP, have no RFE and make sure she starts getting stuff done now. 

Don’t be scared to ask any questions on this website. The members have been extremely helpful. Good luck! 

Edited December 31, 2019 by Zach2015

[US-UK 32]

Aside from the timing to get the visa, please consider how difficult it is for any woman to find an OB to take her as a new patient so late in the pregnancy which, in your case, would probably be even harder given increased liability risk for the OB (for a variety of reasons) as a result of her ex-US prenatal care. Also think about the cost of a delivery in the US and be sure her insurance (and insurance for the baby) is well in place before she sets foot in the US.

[Jpoy 2]

8 hours ago, JFH said:

A K-1 is the right one if you are not married. It has nothing to do with how many children you have. If you are married, with or without children, it’s the CR-1. Note that having children or being pregnant will not speed up the processing time or grant any additional privileges. 

 

If she is due in September then she conceived within the last couple of weeks. So it’s early days yet. But you have a lot of preparation and document gathering to do before you can even start the process. Time is of the essence but highly unlikely that she will have the medical (by the way, the medical requires her to have x rays) and interview and the visa back before she is 36 weeks along. Some airlines allow travel beyond 36 weeks but most OBGYNs would not recommend it. 

Thank you so much for replying and clarifying in which method I should go for. I was just confused on which visa to file because my concern is that 'WHAT-IF' she delivers the baby in the Philippines would the K1 Visa still be right due to the newborn baby. If not, what is the correct route or modifications to take when that happens. Again, thanks for replying. *more questions to follow*

[Hank_ 9,173]

11 hours ago, Jpoy said:

Hi,

 

I am starting this thread because I need help and a little bit confused. First off, I just wanted to say thank you for your time and hopefully you can help me out. 

 

Here's a little bit of background from me and my fiancee/GF. We have been dating for almost 2 years now and we both immediately felt like we were both compatible to each other. I reside in the USA and she resides in the UAE (Dubai), but she is just there for work. She has a B1/B2 Tourist Visa and she would visit me often here in the US. 

 

Little did I know, she surprised me and told me that she is pregnant. I am happy and blessed hearing this from her. 

 

Now, our plan is for her to come home to the Philippines (May 2020), but while she is still in Dubai and sorting everything out, I will file the K1 Visa so that way there are no time wasted. Our goal is for her to be here in the US before she delivers the baby, so that way I can be with her all throughout her pregnancy or some part of it. 

 

Here are my questions....

• If the K1 Visa gets delayed and she delivers the baby in the Philippines, would the K1 Visa that I filed still be correct? If not, what would be the right action? 
• If she gets approved for the K1 Visa and the newborn is already out, what type of actions should we or  I do about the baby - documentations, etc etc?
• Would the baby automatically be a U.S. Citizen since I am a U.S. Citizen?

 

Thank you so much again for reading my thread and I hope that you could help me out with this.

**Questions to follow**

 

Jeff

 

.  K-1 would still be correct if that is your choice.       I would not hesitate starting the I-129F petition process, even if she is still in Dubai .. use her home address in the Philippines for ALL addresses regarding your fiancee.

 

https://www.visaconnection-philippines.com/uscis-petition-process.html

 

(no flying after the 7th month with most airlines)

 

.  If the baby is born before she arrives in the USA you (she) would have to complete CRBA (Consulate Report of Birth Abroad) and also apply for the child's U.S. passport   (Expect the embassy to request DNA testing for you and the child, if you have plenty of documentation they may not, but the majority of the time they do in this situation)    If this happens it could add 4-6 months to the process  (more like 6 months if the DNA is required).  Can not file for CRBA until you have the PSA birth certificate.

 

https://www.visaconnection-philippines.com/crba.html

 

 

Philippines forum

 

https://www.visajourney.com/forums/forum/129-philippines/

[Jpoy 2]

5 minutes ago, Hank_ said:

 

.  K-1 would still be correct if that is your choice.       I would not hesitate starting the I-129F petition process, even if she is still in Dubai .. use her home address in the Philippines for ALL addresses regarding your fiancee.

 

https://www.visaconnection-philippines.com/uscis-petition-process.html

 

(no flying after the 7th month with most airlines)

 

.  If the baby is born before she arrives in the USA you (she) would have to complete CRBA (Consulate Report of Birth Abroad) and also apply for the child's U.S. passport   (Expect the embassy to request DNA testing for you and the child, if you have plenty of documentation they may not, but the majority of the time they do in this situation)    If this happens it could add 4-6 months to the process  (more like 6 months if the DNA is required).  Can not file for CRBA until you have the PSA birth certificate.

 

https://www.visaconnection-philippines.com/crba.html

 

 

Philippines forum

 

https://www.visajourney.com/forums/forum/129-philippines/

Thank you so much for this very detailed answer! My next questions would be about CRBA - how to apply etc etc - because I couldn't seem to find any detailed informations or links here about CRBA. Do you mind if I PM you for further questions? Thank you! 

[Hank_ 9,173]

1 minute ago, Jpoy said:

Thank you so much for this very detailed answer! My next questions would be about CRBA - how to apply etc etc - because I couldn't seem to find any detailed informations or links here about CRBA. Do you mind if I PM you for further questions? Thank you! 

 

I posted you a link to info on CRBA in my previous post    

 

No issue with the PM, many do that.    Also you will find an email for me on the website I linked

Edited December 31, 2019 by Hank_

[Just Paul 4,591]

K1 for not married, CR1 for married.

 

If you can transmit citizenship to you child:

https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/birth/first-time-report-birth-abroad/

 

otherwise k2 or Cr2 for the child.

[Hank_ 9,173]

5 minutes ago, Paul & Mary said:

K1 for not married, CR1 for married.

 

If you can transmit citizenship to you child:

https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/birth/first-time-report-birth-abroad/

 

otherwise k2 or Cr2 for the child.

 

??   

[JFH 12,189]

5 hours ago, Hank_ said:

 

??   

The OP has not given any indication that he can or cannot pass on citizenship to the child. For all we know, he may have only become a citizen yesterday.