Recoleta180

Hi, 

My fiance (Argentina) is pregnant, but we did not find out until after we received notification that she needed to submit all final paperwork (including a medical exam with xray) for the interview.  We received notice that we could submit the final paperwork for the interview in May of 2020.  But we were stuck in Lima, Peru for several months during the government-mandated border closures for COVID.  The baby is due at the end of April and getting a chest ray before then is just out of the question.  So we never submitted any of the paperwork.  Now what?  Has the application expired?  When I look it up on https://ceac.state.gov/CEACStatTracker/Status.aspx, the case status says "ready" still.  I emailed the embassy, however, and they did not respond.

She has an apartment lease and a home in Argentina under her name.  Also private health insurance and regular pediatrician visits in Argenina.  But no job.

Thanks.  She will also be traveling with our newborn.  I am in the process of doing his CRBA for US citizenship.  Does it affect anything if the child is a US citizen but she is not?  She is scared of being denied entry or detained and being separated from the baby.

Have not started the K-1 visa process yet, and lawyers I've spoken to (multiple) are not much help as they have no real experience with this other than (just try!).

My girlfriend is an Argentinian/Italian citizen.  After we start the K1 visa process, would it reduce the risk of her being sent back if she flew from an EU country, Australia, or New Zealand, rather than Argentina?

I'm a US citizen and should have no problem proving residency.  My child was born in Argentina out-of-wedlock to my girlfriend (Argentinian and Italian citizenship).  However, my divorce to my ex (which has been pending and taking forever) was still not finalized when my child was born.  Am I still eligible to go through the CRBA process?  The eligibility requirements from Argentinian embassy website seem to indicate I must be "unmarried" to qualify...

1. BOTH of the child’s biological parents are U.S. citizens and one of the parents has resided in the United States at some point.
2. Only ONE of the child’s biological parents is a U.S. citizen, the child’s parents are MARRIED at the time of birth, and the U.S. citizen parent has been physically present in the U.S. for a period of at least five years, two of which must have been after the age of 14.
3. The child was born to an UNMARRIED, MALE U.S. citizen who has been physically present in the U.S. for a period of at least five years, two of which must have been after the age of 14.  In this case, the U.S. father must agree in writing to support his child until the child reaches the age of 18 years.
4. The child was born on or before June 11, 2017 to an UNMARRIED, FEMALE U.S. citizen who has spent at least 365 days of uninterrupted physical presence in the U.S. at any time prior to birth.
5. The child was born after June 11, 2017 to an UNMARRIED, FEMALE U.S. citizen who has been physically present in the U.S. for a period of at least five years, two of which must have been after the age of 14.