Captkanga

Thanks for the links!

My fiancé (Argentina citizen) and I (US citizen) are planning to marry in Mendoza, Argentina on Dec 1, 2023. We’re trying to understand all the requirements for the marriage to be official and legal to get the marriage certificate in Argentina. I saw on another website that I need to obtain a certificate of legal capacity to marry from the US embassy in Argentina. And that we need to file “banns of marriage”.. does this apply for Argentina?
 

Are there any US citizens here who have gone through this process and can point me in the right direction as far as the local Argentina legal requirements? We have a date with the casa gobierno 30 days before the wedding. We’re also planning to hire a licensed translator for the ceremony. We just want to make sure we don’t miss anything or screw anything up.

Our ultimate goal is to apply for a CR-1 visa once we have the marriage certificate. 

4 hours ago, Mike E said:

Legitimation of children born out of wedlock is the problem. It can be over come, but what I see too often is that it falls to kids decades later to prove that  Legitimation happened. 
 

The priority of needs is:

 

1. kids

2. adult immigrants

3. petitioners

 

Not sure what you mean about legitimation. If I go to Argentina, regardless of whether we’re married, my understanding is that if I can prove I’m the father, that it’s a simple matter of going to the US Embassy in Buenos Aires and registering the child as a US citizen (where I have to sign a letter that I will support them until their 18th birthday).  And then they get a US passport. 

3 hours ago, Redro said:

1. As you have an unborn child, think very carefully about how you want to proceed. 

If you have not filed the I-129F or I-130 yet this means your child most likely will be born in Argentina (if processing times stay the same). 

Research the requirements of obtaining your future child's CRBA when you are married vs when you are unmarried.

https://ar.usembassy.gov/birth/

 

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 5 years, 2 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 and demonstrate a biological relationship to the child.

 

Only ONE of the child’s parents is a U.S. citizen, the child’s parents are MARRIED at the time of birth, the U.S. citizen parent has been physically present in the U.S. for a period of at least 5 years, 2 of which must have been after the age of 14, and one parent has a biological or gestational relationship to the child.

 

You are not just thinking of your partner coming over to the US. 

You are now thinking of your partner and child coming over to the US. 

Regarding the requirement of being present in the US for a period of 5 years, does that mean 5 continuous years prior to the birth of the baby (so birth date minus 5 years)? Or does it just mean that I need to have lived in the US for a continuous five years at some point in my adult life? I’m in my forties and have lived in the US basically my entire life. The issue is that I lived in Europe from 2018-2020, so I am not sure if that would make me ineligible for this child to become a U.S. citizen? That doesn’t make sense to me. 

@Chancy thank you for the reply. I had no idea there was no limit. And especially if she remarries!

@Dashinka we have considered a CR-1 visa, the problem is that that would add that much more waiting time to the overall visa as I’d need to first travel to her country, get married, then submit the application which would make the clock start at that time, vs now. My understanding is that the wait times are close to the same for K1 to CR1.

thanks for your response 

Apologies if this has been discussed previously.

I’m a California resident and am wondering what the household size requirements would be for the scenario where I would want to sponsor my fiancé and our (currently unborn) child. 
 

If they came here, would this indicate a household size of 3 for the purposes of financial support? 
 

I’m also wondering, if in addition to being financially responsible for my dependents for a period of 10 years, would that operate completely separately from alimony requirements in the event of a divorce? In other words, if we got divorced, would I be responsible for both the I-864 finances and also be open to her taking half of all my assets and income?