Pregnant Fiancee

[payxibka 10,048]

The child of a US Citizen is a US Citizen *(provided they meet the qualifications listed below)*, is entitled to a US Passport. US Citizens need no visa to enter the USA. The OP needs to look into the process of obtaining citizenship for his child as soon as it is born.

*emphasis added*

A child born outside of the United States to an U.S. Citizen father where there is no marriage to the non-American mother is entitled to U.S. Citizenship, providing the American citizen father had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after he reached the age of fourteen, either before or after November 14, 1986; and

• the alien mother completes an "Affidavit to establish paternity of child" at this office before a consular officer; and
  
• the father signs a sworn statement （Affidavit of Paternity and Statement of Support）acknowledging paternity and
  
• agreeing to provide financial support for the child until s/he reaches the age of 18 years; or
  
• the child is legitimated under local law (note: this is not possible under Chinese law); or
  
• paternity is established by a competent court before the child attains the age of 18 years;
  

http://guangzhou.usconsulate.gov/new_baby/...gistration.html

Edited August 8, 2007 by fwaguy

[eric_and_teresa 10]

I agree with Yodrak. Here are the requirements that need to be met:

US Citizenship at birth

Edited August 8, 2007 by eric_and_teresa

[bszoom42 0]

the child is legitimated under local law

What does "legitimated" mean in this scenario? Here is a listing of definitions from http://www.thefreedictionary.com/Legitimated

1. Being in compliance with the law; lawful: a legitimate business.

2. Being in accordance with established or accepted patterns and standards: legitimate advertising practices.

3. Based on logical reasoning; reasonable: a legitimate solution to the problem.

4. Authentic; genuine: a legitimate complaint.

5. Born of legally married parents: legitimate issue.

6. Of, relating to, or ruling by hereditary right: a legitimate monarch.

7. Of or relating to drama of high professional quality that excludes burlesque, vaudeville, and some forms of musical comedy: the legitimate theater.

If it means #5, then does that invalidate the K-1 process if proven true?

Edited August 9, 2007 by bszoom42

[eric_and_teresa 10]

the child is legitimated under local law

What does "legitimated" mean in this scenario? Here is a listing of definitions from http://www.thefreedictionary.com/Legitimated

5. Born of legally married parents: legitimate issue.

If it means #5, then does that invalidate the K-1 process if proven true?

It does mean #5. Legitimate: 'referring to a child born to parents who are married. A baby born to parents who are not married is illegitimate, but can be made legitimate (legitimatized) by the subsequent marriage of the parents' Law.com Dictionary

But if a couple is filing for K-1 and their baby is born while they are still in the process, they would not choose this option for the child to be recognized as US Citizen, this option is for married couples.

NOTE that what fwaguy posted was not a list of the requirements it was a list of OPTIONS.

OPTION No. 1

the alien mother completes an "Affidavit to establish paternity of child" at this office before a consular officer; andthe father signs a sworn statement （Affidavit of Paternity and Statement of Support）acknowledging paternity and

agreeing to provide financial support for the child until s/he reaches the age of 18 years; or

OPTION No. 2

the child is legitimated under local law (note: this is not possible under Chinese law); or

OPTION No.3 paternity is established by a competent court before the child attains the age of 18 years;

The first option would be the option for an unmarried couple whose baby is born abroad while waiting for K-1.

Edited August 10, 2007 by eric_and_teresa

[bszoom42 0]

Thanks! I missed the "OR"s, thats why I was confused.

[garya505 2]

I will be sending out my I-129f sometime next week. How do I tell USCIS that my fiancee is pregnant and how to expedite my petition? Thanks all.

It's probably better to at least let them know up front that you know she is pregnant and you believe that you are the father. I know of at least one case where the beneficiary tested positive for pregnancy at her medical exam. Since the petitioner didn't know about this, and hadn't been with her in a few months, and she wasn't showing yet, the CO suspected that the petitioner might NOT be the father. So ... the CO delayed the VISA until he got a letter from the petitioner stating that he still wanted to marry her. Apparently since the CO thought that there was a possibility that the petitioner was not the father, the CO didn't want to approve the VISA only to have the petitioner refuse to marry her after she entered the US if she was pregnant by another guy.

[chris-ayen 0]

Ann's sister is in the process of a K1 Visa, and gave birth to a beautiful son with her Fiance.

He contacted the US Embassy, and the mother went to the Embassy with the birth certificate, and supporting evidence from her fiance. They verified his U.S. Citizenship, and then issued him a passport.

hi there,ive read ur exp.regarding k1 visa and guess u gt pregnant during the process??im in that shituation ryt nw.im pregnant and k1 visa is on process,my fiance filed k1 and k2 for my son and im carrying my our baby ryt nwbtw he's former us marines and now serving as a reserved national guard at IL>.would dat take an extra points since he is serving the US country..would it be so difficult to arrange gather docs since im preg.?and would there will be a delay bec.im pregnant?and hw mny months uv waited to get your visa on hand..would u give em advices please...tnx God bless pls.email me at darkangel_ayen@yahoo.com

tnx

chris-ayen

[eric_and_teresa 10]

Ann's sister is in the process of a K1 Visa, and gave birth to a beautiful son with her Fiance.

He contacted the US Embassy, and the mother went to the Embassy with the birth certificate, and supporting evidence from her fiance. They verified his U.S. Citizenship, and then issued him a passport.

hi there,ive read ur exp.regarding k1 visa and guess u gt pregnant during the process??im in that shituation ryt nw.im pregnant and k1 visa is on process,my fiance filed k1 and k2 for my son and im carrying my our baby ryt nwbtw he's former us marines and now serving as a reserved national guard at IL>.would dat take an extra points since he is serving the US country..would it be so difficult to arrange gather docs since im preg.?and would there will be a delay bec.im pregnant?and hw mny months uv waited to get your visa on hand..would u give em advices please...tnx God bless pls.email me at darkangel_ayen@yahoo.com

tnx

chris-ayen

The fact that your fiance is in the military makes no difference for this process unless he was being deployed soon.

If you read the complete thread you'll find the answer to your questions about the documents and process you'll have to follow if the baby is born before your visa is ready.

I don't think I understood your question about 'if it would be difficult to gather the documents because of your pregnancy'... what documents are you talking about? You mean the K-1 documents?

Also, please fill in your timeline