New Baby + K1 visa

[Reverdingreen 9]

help me out guys, I filed K1 for my fiance who just had a baby. My case is in transit and I am sure we will get interview soon. My question is that as a US citizen, do I add the baby as K2 or should I apply passport for the baby? What is the best way to get the baby to come with the mother? Thank you.

[Just Paul 4,595]

1 minute ago, Reverdingreen said:

help me out guys, I filed K1 for my fiance who just had a baby. My case is in transit and I am sure we will get interview soon. My question is that as a US citizen, do I add the baby as K2 or should I apply passport for the baby? What is the best way to get the baby to come with the mother? Thank you.

If you are able to transmit citizenship to the child then you do a CRBA,

[Mike E 11,740]

22 minutes ago, Reverdingreen said:

help me out guys, I filed K1 for my fiance who just had a baby. My case is in transit and I am sure we will get interview soon. My question is that as a US citizen, do I add the baby as K2 or should I apply passport for the baby? What is the best way to get the baby to come with the mother? Thank you.

The child is either a US citizen or the child is not a US citizen.  
 

If the child is a US citizen, then the child legally cannot get a visa to come to USA.  Any attempt to add the child to the K-1 petition will be denied.  
 

US nationality laws are complex.
 

https://en.m.wikipedia.org/wiki/United_States_nationality_law

 

Whether the child is a US citizen or not can be difficult to answer.  For your case it would appear, this applies to the child:
 

The child is a U.S. citizen, if born

 

“to a U.S. father who had resided in the United States or its possessions five years before the child's birth, with two of them after the age of fourteen.^[97] In addition, the father had to prove a biological relationship, agree to financially support the child, and formally legitimize the child prior to its majority (18 years old).”

 

Assuming the child is a US citizen, you will start with the CRBA process at the embassy.  Expect the embassy to want DNA tests at labs it specifies. 
 

Unfortunately at some embassies these processes are taking longer than usual due to Covid. Hopefully you can expedite the CRBA and US passport so that the baby and the baby’s mother  can come to the USA at the same time. 

Edited October 26, 2021 by Mike E

[Reverdingreen 9]

I am a US citizen but my fiance is not. thanks for the responses

[Just Paul 4,595]

Since you are a citizen, if you can meet the requirements to transmit citizenship, then file a CRBA. If you can not meet the time requirements then you file an I-130 for the child.and they become a citizen upon entry to the US.