Filing for a K1 Visa when she is pregnant

[JunLei09 2]

Hello and good day,

I have met a nice, sweet filipina. I went to visit her for the 2nd time this past January (first time was February 2010). I am certain I want to petition for her now. There is a small obstacle, if you will. She is PREGNANT for over a month now. I am debating in whether or not to start the K1 Visa process while she is pregnant. I would be willing for her just to have the baby there. If I wait until she has the baby there, How do I file for her and the baby? Would it take longer to do so? She tells me that she is fine to seek the K1 Visa before she has the baby. Would the baby be an American citizen IF the baby is born there?

your replies will be appreciated!,

Angel

I would start petitioning her NOW. For a couple of reasons. You don't have to petition another person, the cost for K-2 is over $1000.00 plus. The most important reason, when the baby is born here, the baby is already a US citizen, no more petition for the baby. You save time and money if you do it now. Who knows, your K-1 application might be quicker because of her situation. If the baby is born in the Philippines, the baby won't be a US Citizen. You have to file a separate K-2 for the baby along with the K-1 Fiancee Visa, if the baby is born in the PI.

[VinhBao MyTam 3]

I would start petitioning her NOW. For a couple of reasons. You don't have to petition another person, the cost for K-2 is over $1000.00 plus. The most important reason, when the baby is born here, the baby is already a US citizen, no more petition for the baby. You save time and money if you do it now. Who knows, your K-1 application might be quicker because of her situation. If the baby is born in the Philippines, the baby won't be a US Citizen. You have to file a separate K-2 for the baby along with the K-1 Fiancee Visa, if the baby is born in the PI.

Not true. There is the extra step of proving the baby is his, but a baby born abroad to one USC can still be registered as a US Citizen.

[coraliesolms 47]

I would start petitioning her NOW. For a couple of reasons. You don't have to petition another person, the cost for K-2 is over $1000.00 plus. The most important reason, when the baby is born here, the baby is already a US citizen, no more petition for the baby. You save time and money if you do it now. Who knows, your K-1 application might be quicker because of her situation. If the baby is born in the Philippines, the baby won't be a US Citizen. You have to file a separate K-2 for the baby along with the K-1 Fiancee Visa, if the baby is born in the PI.

Have you read what was posted before this??? His child IS a US Citizen.. him and his fiance just need to present the child to the US consulate in Manila and file a CRBA... there is NO K-2 involved. K-2 visa's are issued to step-children of US Citizens.

Please make sure you know all the facts before giving out false information.

[chzuga 0]

I did a CRBA for our daughter (I was the immigrant), I had all the documents needed, which were as follows

1. Childs long form birth certificate (this has both the mothers and the fathers information on it)

2. Proof that you (USC) have lived in the USA for 5 continuous years before the child was born (I took high my hubbies high school

transcripts for K-12)

3. Fees have to be paid in US funds (I took a money order)

4. You apply for the childs SSN and Passport at the same time

And of course the application form needs to be filled out, its very easy to fill it out, one of the easiest in the whole process.

NOW, since she is in whats considered a high fraud country, and you guys wont be married, you will most likely need a paternity test done on the child as well. If you were married, it probably wouldnt be asked for.

ALSO... the CRBA will be needed at your wifes interview if its after the child is born. They would not issue my visa until Amy's USC stuff was dealt with. She (your fiance) will need to take the certificate/passport to her interview.

The whole process took about 3 weeks and I had our daughters passport and certificate of citizenship. They date the childs citizenship from the birthdate, and he/she enters the US with the immigrant spouse as any other US citizen would.

Hope that helped!!

thank you, coraliesolms

[chzuga 0]

Just curious, you've been a VJ member since 2004. Have you filed for anybody else in the past?

What happened to this girl?

http://www.visajourney.com/forums/topic/22810-filing-for-a-visitors-visa/

If you've had a K1 petition approved within the past two years, or filed two or more K1 petitions at anytime in the past, then you'll need to ask for a waiver of the multiple filing limitations when you file the new petition. You can also expect some extra scrutiny at the consulate if you've petitioned for someone else in the past.

If I were in your shoes I think I'd go ahead with the K1 rather than getting married. Yes, you'll need a DNA test in order to file the CRBA if the child is born out of wedlock. You're assuming financial responsibility for that child for at least the next 18 years, as well as bestowing US citizenship on it. Personally, I would want to know for certain the child was mine. It's not necessarily about trusting the girl. There are a lot of wives tales floating around in the Philippines and Southeast Asia, and some people are convinced they need a baby in order to get a visa.

I had filed for a K1 the first time in 2002, it did not worked out for me though. She got banned for amphetamine use and it just crashed my world for a long time! I think the 8 year span should be ok as far as me petitioning once again.

As far as that link goes, I just re-read it and it sounds sordid now and nonsensical. This is not the same person as the one I am talking about now here. It is in the past.

[JimVaPhuong 4,863]

I had filed for a K1 the first time in 2002, it did not worked out for me though. She got banned for amphetamine use and it just crashed my world for a long time! I think the 8 year span should be ok as far as me petitioning once again.

As far as that link goes, I just re-read it and it sounds sordid now and nonsensical. This is not the same person as the one I am talking about now here. It is in the past.

Welcome back to VJ!

If that was the only other K1 you've ever filed then you don't need to ask for the multiple filing limitations waiver. It's been more than two years. You may still get some scrutiny at the consulate.

Amphetamine use, huh? Wow. That must have been rough. You have my sympathy.

[VinhBao MyTam 3]

I had filed for a K1 the first time in 2002, it did not worked out for me though. She got banned for amphetamine use and it just crashed my world for a long time! I think the 8 year span should be ok as far as me petitioning once again.

As far as that link goes, I just re-read it and it sounds sordid now and nonsensical. This is not the same person as the one I am talking about now here. It is in the past.

Ok, I read the really old post someone referenced. Don't worry; not gonna judge the past. But just want to make sure you know that if you submitted the I-129f for the girl you were talking to at that time (2006ish?), then that would be your second one and you would now need to file a waiver to be able to apply again. If you didn't end up submitting the petition for her, then you don't need to worry about that. You don't need to answer to us about it; just need to be aware of it if it is the case... just an extra step.

[jazz_acid 5]

this happened to me exactly. we filed for k1 visa when i was almost, if not 2 mos pregnant, and it only took us a little less than five months to be approved. i flew to u.s. when i was 7 mos along and had our baby here in u.s.

my fiance that time (now my husband) wrote a letter to expedite my case beens i'm pregnant, but don't know for sure if that really helped to speed up the decision to my application.

[chzuga 0]

this happened to me exactly. we filed for k1 visa when i was almost, if not 2 mos pregnant, and it only took us a little less than five months to be approved. i flew to u.s. when i was 7 mos along and had our baby here in u.s.

my fiance that time (now my husband) wrote a letter to expedite my case beens i'm pregnant, but don't know for sure if that really helped to speed up the decision to my application.

that is VERY encouraging to hear - thanks for that. i may go ahead and file in the hopes that she may be approve expeditiously and i can bring her here BEFORE the baby arrives!!

[Tero 105]

this happened to me exactly. we filed for k1 visa when i was almost, if not 2 mos pregnant, and it only took us a little less than five months to be approved. i flew to u.s. when i was 7 mos along and had our baby here in u.s.

my fiance that time (now my husband) wrote a letter to expedite my case beens i'm pregnant, but don't know for sure if that really helped to speed up the decision to my application.

It is known that they dont expedite cases because of pregnancy, or else, everyone would be pregnant at filing. You probably got lucky or something. I wish the OP luck, but dont be surprised.

[chzuga 0]

It is known that they dont expedite cases because of pregnancy, or else, everyone would be pregnant at filing. You probably got lucky or something. I wish the OP luck, but dont be surprised.

hi - what does OP means?

[Tero 105]

hi - what does OP means?

OP = Original Poster (the one who started the topic) or Original Post. In this thread, you are the OP

Edited February 22, 2011 by Tero

[JimVaPhuong 4,863]

Ok, I read the really old post someone referenced. Don't worry; not gonna judge the past. But just want to make sure you know that if you submitted the I-129f for the girl you were talking to at that time (2006ish?), then that would be your second one and you would now need to file a waiver to be able to apply again. If you didn't end up submitting the petition for her, then you don't need to worry about that. You don't need to answer to us about it; just need to be aware of it if it is the case... just an extra step.

He won't need to request the waiver if that was the only other I-129F he's ever filed. The waiver is required if you've had an I-129F approved by USCIS within the past two years, or if you've ever filed two or more I-129F petitions. If you've only filed one I-129F previously, and it was either never approved or approved more than two years ago, then no waiver is required.

[VinhBao MyTam 3]

He won't need to request the waiver if that was the only other I-129F he's ever filed. The waiver is required if you've had an I-129F approved by USCIS within the past two years, or if you've ever filed two or more I-129F petitions. If you've only filed one I-129F previously, and it was either never approved or approved more than two years ago, then no waiver is required.

I know IF 2002 was the only one he doesn't need a waiver. But in 2006 or 7, he was just about to file another one. IF he filed that one, that was his 2nd and he would need a waiver for this his 3rd... which is what I was saying in my post.

[chzuga 0]

I know IF 2002 was the only one he doesn't need a waiver. But in 2006 or 7, he was just about to file another one. IF he filed that one, that was his 2nd and he would need a waiver for this his 3rd... which is what I was saying in my post.

hello, 2002 was my first only time filing (and unfortunately successfully going all the way through until my demise)a K1 Visa.

no other times after that. many thanks for your replies!!!