Applying for K-1, Pregnant Fiancée, What if my baby is born abroad?

[Ken1 0]

Hi Everyone,

Happy 2009! Hope for a speedier USCIS this year!!! And much health and happiness for all.

I'm applying for a K-1 visa for my fiancée who is a Brazilian citizen. She is currently in Brazil and I'm in the US (been making many trips to Brazil!!!) She is pregnant , and while we are still praying that the visa comes through while she can fly, we are getting down to the wire and I am now wondering about practical details should our baby be born in Brazil.

I have heard that as I am the father, the baby will be given US Citizenship, but I am wondering a number of things:

1) Do I just have to fill out some paperwork saying I am the father, or do I need to prove I am the father with a DNA test?

2) How long would it take for us to get proof of US citizenship for our baby?

3) Do we need a passport for our baby to fly, and if so, how long after the birth will it take to get a US passport for the baby in Brazil?

4) Is there anything else I should know and consider should our baby be born in Brazil that you wise VJ people can enlighten me about?

Thanks and best to all!

Edited January 5, 2009 by Ken1

[pushbrk 12,898]

Hi Everyone,

Happy 2009! Hope for a speedier USCIS this year!!! And much health and happiness for all.

I'm applying for a K-1 visa for my fiancée who is a Brazilian citizen. She is currently in Brazil and I'm in the US (been making many trips to Brazil!!!) She is pregnant , and while we are still praying that the visa comes through while she can fly, we are getting down to the wire and I am now wondering about practical details should our baby be born in Brazil.

I have heard that as I am the father, the baby will be given US Citizenship, but I am wondering a number of things:

1) Do I just have to fill out some paperwork saying I am the father, or do I need to prove I am the father with a DNA test?

2) How long would it take for us to get proof of US citizenship for our baby?

3) Do we need a passport for our baby to fly, and if so, how long after the birth will it take to get a US passport for the baby in Brazil?

4) Is there anything else I should know and consider should our baby be born in Brazil that you wise VJ people can enlighten me about?

Thanks and best to all!

You'll file a Consular Report of Birth Abroad. When approved, you can obtain a US Passport for the child. Yes, a DNA test MAY be required but often they are not. If you've been making many visits and were clearly present at the time of conception, there's a good chance a DNA test would not be requested. This could all take a month or two. The passport is proof of US Citizenship.

[Ken1 0]

You'll file a Consular Report of Birth Abroad. When approved, you can obtain a US Passport for the child. Yes, a DNA test MAY be required but often they are not. If you've been making many visits and were clearly present at the time of conception, there's a good chance a DNA test would not be requested. This could all take a month or two. The passport is proof of US Citizenship.

Thanks Pushbrk, you are a truly amazing resource here on VJ. I must admit, that when I first joined VJ, I at times found your comments harsh (even one you made to an early post of mine), but after reading so many of your posts, I have learned that you are extremely knowledgeable and just like to say it like it is. This saves people time and confusion. Thanks for dedication (I'm sure that my thanks are on the behalf of many people!)

One clarifying question regarding what you wrote: You say this could take a month or two - would that be a month or two from the day of birth to have the passport in hand, or a month or two before we could apply for the passport. If it is the latter, how long until we could have the passport in hand? If my fiancée doesn't get her visa while able to fly before the birth, I'm pretty sure she should have it by the time of the birth or shortly thereafter and we would like to travel as soon as the baby is able to, which is around a month and a half after birth.

Thanks!

Edited January 5, 2009 by Ken1

[Dakine 26]

Check with the airlines as from what I've seen most won't allow pregnant women [men OK !] to fly after 7 months pregnant.

[Ken1 0]

Check with the airlines as from what I've seen most won't allow pregnant women [men OK !] to fly after 7 months pregnant.

Most airlines require a pregnant woman to have a doctor's note after 7 months, written within 72 hours of the flight, attesting to that she is having a healthy pregnancy and thus safe to fly. Our doctor told us that she is safe to fly up to 36 weeks, which puts us around March 7th. Some airlines have stricter policies than others. Delta has no restrictions on pregnant women flying at any time in the pregnancy (you can find this on their website, but I called just to double check and it is in fact true). After a baby is born, some people like to wait as much as 3 months, but my good friend's wife just flew from Boston to Japan with their 6 week old with no problem - the trick is to have the baby nursing during take off and landing to assure the ears not having pressure build up.

Thanks for the concern!

[♥Stiggy♥ 0]

congrats on the upcoming arrival!

I heard that it can take a couple of weeks if all goes well to get the baby's passport. Its something that my fiance and I looked into when we got pregnant (we had a miscarriage sadly).

[Ken1 0]

congrats on the upcoming arrival!

I heard that it can take a couple of weeks if all goes well to get the baby's passport. Its something that my fiance and I looked into when we got pregnant (we had a miscarriage sadly).

Thanks Stiggy/Sarinha! My heart goes out to you. The time will come and all will work out for you - I am sure of that.

[raymaga 25]

Good luck and best wishes for the upcoming addition to your family!!!

[Dakine 26]

Check with the airlines as from what I've seen most won't allow pregnant women [men OK !] to fly after 7 months pregnant.

Most airlines require a pregnant woman to have a doctor's note after 7 months, written within 72 hours of the flight, attesting to that she is having a healthy pregnancy and thus safe to fly. Our doctor told us that she is safe to fly up to 36 weeks, which puts us around March 7th. Some airlines have stricter policies than others. Delta has no restrictions on pregnant women flying at any time in the pregnancy (you can find this on their website, but I called just to double check and it is in fact true). After a baby is born, some people like to wait as much as 3 months, but my good friend's wife just flew from Boston to Japan with their 6 week old with no problem - the trick is to have the baby nursing during take off and landing to assure the ears not having pressure build up.

Thanks for the concern!

It's not just the ears. Babies immune systems take quite awhile to kick in and it's not recommended to have babies in crowded places for a month+.

[pushbrk 12,898]

Thanks Pushbrk, you are a truly amazing resource here on VJ. I must admit, that when I first joined VJ, I at times found your comments harsh (even one you made to an early post of mine), but after reading so many of your posts, I have learned that you are extremely knowledgeable and just like to say it like it is. This saves people time and confusion. Thanks for dedication (I'm sure that my thanks are on the behalf of many people!)

One clarifying question regarding what you wrote: You say this could take a month or two - would that be a month or two from the day of birth to have the passport in hand, or a month or two before we could apply for the passport. If it is the latter, how long until we could have the passport in hand? If my fiancée doesn't get her visa while able to fly before the birth, I'm pretty sure she should have it by the time of the birth or shortly thereafter and we would like to travel as soon as the baby is able to, which is around a month and a half after birth.

Thanks!

From the time you file the CRBA to passport could be a couple months.

[Ano 0]

Hi Everyone,

Happy 2009! Hope for a speedier USCIS this year!!! And much health and happiness for all.

I'm applying for a K-1 visa for my fiancée who is a Brazilian citizen. She is currently in Brazil and I'm in the US (been making many trips to Brazil!!!) She is pregnant , and while we are still praying that the visa comes through while she can fly, we are getting down to the wire and I am now wondering about practical details should our baby be born in Brazil.

I have heard that as I am the father, the baby will be given US Citizenship, but I am wondering a number of things:

1) Do I just have to fill out some paperwork saying I am the father, or do I need to prove I am the father with a DNA test?

2) How long would it take for us to get proof of US citizenship for our baby?

3) Do we need a passport for our baby to fly, and if so, how long after the birth will it take to get a US passport for the baby in Brazil?

4) Is there anything else I should know and consider should our baby be born in Brazil that you wise VJ people can enlighten me about?

Thanks and best to all!

Documentation of U.S. Citizens Born Abroad

U.S. Department of State

Bureau of Consular Affairs

Documentation of United States Citizens Born

Abroad Who Acquire Citizenship At Birth

The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved.

REPORTING THE BIRTH

A Consular Report of Birth can be prepared only at an American consular office overseas while the child is under the age of 18. Usually, in order to establish the child’s citizenship under the appropriate provisions of U.S. law, the following documents must be submitted:

(1) an official record of the child’s foreign birth;

(2) evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S.

passport, or Certificate of Naturalization or Citizenship);

(3) evidence of the parents’ marriage, if applicable; and

(4) affidavits of parent(s)’ residence and physical presence in the United States.

In certain cases, it may be necessary to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility. All evidentiary documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued. A service fee of $65 is prescribed under the provisions of Title 22 of the Code of Federal Regulations, Section 22.1, item 9, for a Consular Report of Birth.

NOTE: Consular Reports of Birth are not available for persons born in Puerto Rico, the U.S. Virgin Islands, the Panama Canal Zone before October 1, 1979, the Philippines before July 4, 1946, American Samoa, Guam, Swains Island, the Commonwealth of the Northern Mariana Islands, or the former U.S. Trust Territories of the Pacific Islands. Birth certificates for those areas, except the Panama Canal Zone, must be obtained from their respective offices of vital statistics. Panama Canal Zone birth certificates should be requested through the Vital Records Section of Passport Services (see address below.) The fees are the same as those for DS-1350.

DOCUMENTS AVAILABLE

Consular Report of Birth (FS-240)

On November 1, 1990, the Department of State ceased issuing multiple copies of the Consular Report of Birth (FS-240). As of that date, a new format for the FS-240 went into effect. All previously issued FS-240s are acceptable proof of U.S. citizenship (Public Law 97-241 - Aug. 24, 1982). To obtain a replacement for a lost or mutilated document, please submit a notarized written request including the original FS-240 or a notarized affidavit concerning the loss of the FS-240 and a $30 fee, payable to the “Department of State.” Mail it to the address below. The affidavit must contain the: 1) name, (2) date, and (3) place of birth of the subject; (4) a statement regarding the whereabouts of the original FS-240; and (5) be signed by the subject, parent, or legal representative.

Certification of Report of Birth (DS-1350)

If the birth was recorded in the form of a Consular Report of Birth, a Certification of Report of Birth (DS-1350) can be issued in multiple copies. The DS-1350 contains the same information as that on the new format Consular Report of Birth and is acceptable for all legal purposes. The DS-1350 is not issued overseas and can be obtained only by writing to the address below.

AMENDING/CORRECTING THE CONSULAR REPORT OF BIRTH

To amend or correct a Consular Report of Birth, submit a written request - accompanied by certified copies of all documents appropriate for effecting the change (e.g., foreign birth certificate, marriage certificate, court ordered adoption or name change, birth certificates of the adopting or legitimating parents, affidavits, etc.). The original FS-240 or replacement FS-240, or a notarized affidavit concerning its whereabouts, also must be included.

OBTAINING COPIES OF THE FS-240, DS-1350, AND PANAMA CANAL ZONE BIRTH CERTIFICATES

The DS-1350 or a replacement FS-240 can be obtained by writing to:

Vital Records Section

Passport Services

1111 19th Street, NW, Suite 510

Washington, D.C. 20522-1705

A written request must be notarized and must include a copy of valid photo identification of the requester. The written request must include:

(1) full name of child at birth (plus any adoptive names)

(2) date and place of birth

(3) names of parents

(4) serial number, if known, of the FS-240 (on those issued after November 1, 1990) if known

(5) any available passport information

(6) signature of requester and

(7) notarized affidavit for a replacement FS-240 (if applicable).

Note: For Panama Canal Zone (PCZ) birth certificates, just include items (1) through (3).

The fee for an FS-240 is $30. The fees for DS-1350 and PCZ certificates are $30 for the first copy, $20 each additional copy . Make check or bank draft drawn on a bank in the United States, or money order, payable to the "Department of State." The Department will assume no responsibility for cash lost in the mail. Documents will be provided to the person who is the subject of the Report of Birth, the subject’s parents, the subject’s legal guardian, authorized government agency, or a person who submits written authorization from the subject of the Report of Birth.

CERTIFICATE OF CITIZENSHIP ISSUED BY THE IMMIGRATION AND NATURALIZATION SERVICE

A person, who acquired United States citizenship through birth abroad to a U.S. citizen parent(s) or who acquired U.S. citizenship by derivative naturalization, may apply for a Certificate of Citizenship under the provisions of Section 341 of the Immigration and Nationality Act. Application for this document may be made in the United States to the nearest office of the Bureau of Citizenship and Immigration Services in the Department of Homeland Security. Upon approval, a Certificate of Citizenship will be issued in the name of the subject, but only if that person is in the United States. Obtaining this certificate involves presentation of basically the same documentation required to obtain a Consular Report of Birth. Under law, the Consular Report of Birth and the Certificate of Citizenship are equally acceptable as proof of citizenship.

SOURCE::http://www.travel.state.gov/passport/get/first/first_828.html?css=print

About.com

Air Travel

Airlines and Pregnancy - Flying while Pregnant

Travel restrictions for the pregnant passenger

By Arlene Fleming, About.com

When it comes to pregnancy and air travel, the second trimester is often purported to be the safest time to fly while pregnant. The airlines, and many medical professionals do agree (at least to some degree) that travel by air should not cause any further complications to a normal pregnancy, but it certainly goes without warning that you should seek the advice of your trusted medical professional before flying at any stage of your pregnancy.

There really are no restrictions for traveling with the airlines during the first trimester of pregnancy. However, considering that a simple head cold can feel many times worse, or even the fact that it is often a challenge to put shoes back on that you may have removed during the course of a long flight, it is obvious that bodies are affected at some level when airborne. It is wise to make sure that your pregnancy is not threatened by air travel, and certainly if you are a frequent traveler, you may be advised to reduce the number of times you fly during pregnancy.

The second trimester is often seen as the safest time to travel during pregnancy, having moved through the tenuous first few months. Also, the second trimester is not full of risk for premature labor, unlike the third trimester which airlines can come to fear because of the possibility of premature labor, and the safety of the passengers. There are considerations like whether a seat belt can fit safely, economy class syndrome (or deep vein thrombosis - essentially blood clots that can form during long flights), and violent turbulence. Given such possible risks, it is again important for the pregnant passenger to verify that air travel will not complicate her pregnancy.

Most airlines do have some sort of policy, whether restrictive or not, when it comes to pregnancy and air travel. Surprisingly, not all of the airlines make this information readily available to its passengers that may be scouring their websites for their stand on transporting pregnant passengers. Because this information can be a hassle to find, this feature is a compilation of many of the airlines worldwide, and their respective policies when it comes to the acceptance of pregnant passengers, particularly during the third trimester. This feature includes airlines based in the Americas, additional features include airlines based in Europe and Africa, and Asia and Australia and New Zealand.

Bear in mind that the airlines will tend to take the word of the passenger as truth when it comes to how far along in the pregnancy she is, and airline representatives do not tend to be medical professionals. Thus the airline places the trust in the pregnant passenger to follow the airline's policy.

Next Pages - Airline Policies Regarding Pregnant Passengers

Tips for Travel During Pregnancy1

Air Travel in Pregnancy2

American Airlines3

* Medical certificate required if traveling within four weeks of due date (American Airlines further specifies that this rule applies for a normal, uncomplicated pregnancy).

* Travel is not allowed within seven days before/after delivery for flights that are less than five hours in duration within the United States. Exceptions may be made if the passenger obtains a medical certificate and is cleared by American Airlines' Special Assistance Coordinator.

* For international travel (or over major bodies of water, as in travel to Hawaii), American Airlines advises against travel within a month of the due date unless she is examined and obtains a medical certificate within 48 hours of departure stating that she is fit to travel. Approval from American Airlines' Special Assistance Coordinator is required within ten days of the due date and seven days after delivery.

* A Special Assistance coordinator can be reached through 4.

Southwest Airlines5

* Suggests pregnant passengers at all stages of pregnancy should seek the advice of a medical professional prior to travel.

* Pregnant passengers may not be permitted to sit in the emergency exit row depending on their physical capabilities.

* Recommends not traveling within 14 days of due date.

Northwest Airlines6

* Pregnant passengers traveling within a month of the due date must obtain a medical certificate dated within 72 hours of departure stating that she is fit to travel.

* Suggests pregnant passengers at all stages of pregnancy should seek the advice of a medical professional prior to travel.

* Northwest airlines further suggests toting medical records, booking an aisle seat for freer movement during the flight, wearing comfortable shoes, and placing a pillow against the lower back to ease strain.

Delta Airlines7

* No restrictions for pregnant travelers.

* Delta Airlines does suggest referring to a medical professional to make sure that pregnant passengers traveling within one month of due date are fit to travel.

Alaska Airlines8

* No restrictions for pregnant travelers.

Tips for Travel During Pregnancy9

Air Travel in Pregnancy10 Continental Airlines11

* Medical certificate required if traveling within seven days of due date. Certificate must state that the passenger has been examined and is fit to travel.

United Airlines12

* Pregnant passengers traveling within a month of the due date must obtain a medical certificate dated within 72 hours of departure stating that she is fit to travel.

US Airways13

* Doctor's certificate required if traveling within seven days of due date. Certificate must state that the passenger has been examined and is fit to travel. Certificate must be dated within 72 hours of flight departure.

Air Canada14

* No travel restrictions up to 36 weeks for passengers with a normal, uncomplicated pregnancy.

* Travel within the last month of pregnancy is contingent on obtaining a medical certificate stating that a pregnant passenger is fit to travel.

Mexicana15

* Pregnant passengers within three months of due date are required to present a medical certificate. Certificate must state that the passenger has been examined and is fit to travel. Certificate must be dated within seven days of departure.

* A limited liability form must also be signed by the pregnant passenger.

Varig Brasil16

* Passengers are advised against traveling in their last month of pregnancy.

* From the 36th to the 38th week of pregnancy a medical certificate is required deeming the passenger fit to travel.

* From the 38th week onward pregnant passengers may only travel if accompanied by medical personnel.

* No particular restrictions following delivery, although Varig does advise against traveling until the infant is at least one week old.

Aeromexico17

* Suggests pregnant passengers at all stages of pregnancy should seek the advice of a medical professional prior to travel.

* If traveling after the seventh month of pregnancy a medical certificate is required stating the passenger is fit to travel. A letter freeing Aeromexico from any liability must also be signed by the pregnant passenger.

Tips for Travel During Pregnancy18

Air Travel in Pregnancy19

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4. http://airtravel.about.com/cs/airlines/a/phonenumbers.htm

5. http://www.southwest.com/travel_center/pregnant.html

6. http://www.nwa.com/travel/tips/general.shtml#pregnancy

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14. http://www.aircanada.com/en/travelinfo/bef...ecialneeds.html

15. http://www.mexicana.com/cs/Satellite?Level...D=1143494208293

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19. http://pregnancy.about.com/cs/travelduring.../a/aa052299.htm

[Ken1 0]

Wow Ano!!! What a great list!!! According to some of the info you have gotten here, perhaps we can fly a week or two later than I thought. Though not ideal, it gives us a little bit more of a window to work with (fingers crossed for NOA2 soon!!). Whatever we do, it will only be with the consent of our obstetrician.

Pushbrk: what is CRBA?

Thanks Everyone!

[pushbrk 12,898]

Wow Ano!!! What a great list!!! According to some of the info you have gotten here, perhaps we can fly a week or two later than I thought. Though not ideal, it gives us a little bit more of a window to work with (fingers crossed for NOA2 soon!!). Whatever we do, it will only be with the consent of our obstetrician.

Pushbrk: what is CRBA?

Thanks Everyone!

Consular Report of Birth Abroad, like I said in my earlier post. It's the first step after the baby is born.

[Ken1 0]

Wow Ano!!! What a great list!!! According to some of the info you have gotten here, perhaps we can fly a week or two later than I thought. Though not ideal, it gives us a little bit more of a window to work with (fingers crossed for NOA2 soon!!). Whatever we do, it will only be with the consent of our obstetrician.

Pushbrk: what is CRBA?

Thanks Everyone!

Consular Report of Birth Abroad, like I said in my earlier post. It's the first step after the baby is born.

Gotcha! Thanks!

[rmncm 0]

From my research about CRBA, you will need a official birth cirtficate and depending on your wifes country that can take a few months and then you can file. It *could* add up to 6 months to the waiting process.