Help

[Brian and Marie 0]

I became engaged in May and was gathering everything to get ready to apply for a K1 visa for her from the Philippines. She is one month pregnant now. We are deciding still what to do and what is best for her. Can anyone offer a suggestion?

I am considering to return there in January so we can marry thats earliest i can go. I know that prcess will take longer if I go that route to petition her as a spouse and with our child. Or is it better for me to still apply for K1 as soon as possible and hope she gets approved before our babay is born( I am not optimistic about that).

Thank you

[JRluvsLhyn 0]

I became engaged in May and was gathering everything to get ready to apply for a K1 visa for her from the Philippines. She is one month pregnant now. We are deciding still what to do and what is best for her. Can anyone offer a suggestion?

I am considering to return there in January so we can marry thats earliest i can go. I know that prcess will take longer if I go that route to petition her as a spouse and with our child. Or is it better for me to still apply for K1 as soon as possible and hope she gets approved before our babay is born( I am not optimistic about that).

Thank you

Go on with K1 probabaly best way. maybe by the time you're considering to return there would be close for her interview if you can file your petition soon. also include copies of paper for her pregnancy, another evidence. Good luck!

[Brian and Marie 0]

I became engaged in May and was gathering everything to get ready to apply for a K1 visa for her from the Philippines. She is one month pregnant now. We are deciding still what to do and what is best for her. Can anyone offer a suggestion?

I am considering to return there in January so we can marry thats earliest i can go. I know that prcess will take longer if I go that route to petition her as a spouse and with our child. Or is it better for me to still apply for K1 as soon as possible and hope she gets approved before our babay is born( I am not optimistic about that).

Thank you

Go on with K1 probabaly best way. maybe by the time you're considering to return there would be close for her interview if you can file your petition soon. also include copies of paper for her pregnancy, another evidence. Good luck!

Thanks for your advise I had talk to make sure she is ok to go that way and thats our plan I am preparing K1 now. Can you tell me moer about what documents would be helpful about her prgancy, doctors note of course and I will sunmit notarized letter too. Thanks again

[geezer 1]

I became engaged in May and was gathering everything to get ready to apply for a K1 visa for her from the Philippines. She is one month pregnant now. We are deciding still what to do and what is best for her. Can anyone offer a suggestion?

I am considering to return there in January so we can marry thats earliest i can go. I know that prcess will take longer if I go that route to petition her as a spouse and with our child. Or is it better for me to still apply for K1 as soon as possible and hope she gets approved before our babay is born( I am not optimistic about that).

Thank you

If the baby is born before you marry it will be illigitimate in the philippines. You will have to adopt the baby in the Pilippines even when you marry. To get a to get US citizenship from birth you will have to legitimize the baby in the usa then file the cousular report of the birth abroad. If the baby is born after the marriage you dont have those problems.

My baby was born a month before we married. I wish we had been married when she was born. There would have been several less things to deal with...

For me marrying first would have been the best option, but I'm certainly not going to say wheter it would be the best option for you.

[woodgc 0]

One thing is is that new law only affect K1 and not K3's if thats the case maybe now K3 will be quicker. Can you do something like the milatary has been doing when a situation like this arises and they have a legal weddind via a video confrence and that way you get it done and legal asap and then file with out haveing to wait for your trip in Jan. As a world travler if that does not work haow about a 4 day road trip to PI go get wed come right back. Lastly I do not know her religious beleaifs but you can do a NON legal wedding that will cover all the emotional base for her in Jan and then make it legal in the USA.

Good Luck

[geezer 1]

A 4 day road trip cant be done. To marry in the Philippines you first have to get a affidavit of no legal impediment to marry at the embassy. When I was there the embassy in Manila was closed for 3 or 4 days because of a threat... once you have the affidavit you need to get the marriage license and then wait 10 days before the ceromony can take place.

I arrived Dec 1 planning to marry Dec 17, because of the embassy threat, and the holidays we were not able to marry till Dec 27. If you get married there its probably best to plan to give yourself a little extra time.... Also in my case it was definatety worth marrying there even with all the hassle and I got to be with my wife and baby a little longer.

But the idea of having to adopt my baby in the philippines still bothers me...if she could have waited a few more weeks

oh well..

[Pinay Wife 47]

If the baby is born before you marry it will be illigitimate in the philippines. You will have to adopt the baby in the Pilippines even when you marry. To get a to get US citizenship from birth you will have to legitimize the baby in the usa then file the cousular report of the birth abroad. If the baby is born after the marriage you dont have those problems.

Legitimation need not occur in the US. For as long as the US citizen father can prove that the baby is his biological child to the satisfaction of the US embassy, the child will be recognized as US citizen and will be issued a US passport within days. The embassy prefers that the USC accompany the child when registering the birth. DNA testing may be ordered if paternity is doubted.

To file Consular Report of Birth Abroad (CRBA), you need the following:

1) Baby's NSO-issued birth certificate

2) Evidence of US citizenship of the parent claiming US citizenship (passport, birth certificate, etc.)

3) Marriage certificate (if not married see legitimation requirements below)

http://usembassy.state.gov/posts/rp1/wwwhlegt.html

Legitimation Requirements

Persons born out of wedlock to U.S. citizen father and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of the two methods indicated below, provided: (1) a blood relationship between the person and the father is established by clear and convincing evidence, (2) the father was a United States citizen at the time of the person's birth.

Legitimation Method 1 - the U.S. citizen father must submit evidence showing that he had legal residence or domicile in any of the U.S. states (after his child's birth and before his child's 15th or 21st birthday - see table below) in order to use the laws of the state to legitimate the applicant. This evidence may include driver's license, voter registration card, rental/mortgage/bank receipts, military records, old letters (with U.S. return address), etc. Legitimation requirements vary depending on the State legitimation law,

OR

Legitimation Method 2 - The person can be legitimated if:

the father (unless deceased) has agreed in writing to provide financial support

for the person until the person reaches the age of 18 years and,

while the person is under the age of 18 years -

the person is legitimated under the law of the person's residence or domicile,

the father acknowledges paternity of the person in writing under oath, or

the paternity of the person is established by adjudication of a competent court.

For more info on consular report of birth abroad and acquiring US passport, click here: http://usembassy.state.gov/posts/rp1/wwwha003.html

Once, the child has a valid US passport, there is no need to include him/her in the petition. On a remote chance that it is not possible to file a CRBA, a child born while a K1 is pending can still be included in the petition by informing the embassy.

[geezer 1]

Sorry

patiently waiting

you are dead wrong

The ONLY way a child can be legitimized by an american citizen is either through the judicial process or through filing the proper forms in the fathers home state...

[Pinay Wife 47]

Geezer,

The Manila Embassy website that I cited speaks for itself.

Your argument supports Legitimation Method No. 1, no quarrel about that. But you also have to consider Legitimation Method No. 2. "Persons born out of wedlock to U.S. citizen father and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of the two methods indicated below x x x

PW

Edited July 3, 2006 by PatientlyWaiting

[JRluvsLhyn 0]

I became engaged in May and was gathering everything to get ready to apply for a K1 visa for her from the Philippines. She is one month pregnant now. We are deciding still what to do and what is best for her. Can anyone offer a suggestion?

I am considering to return there in January so we can marry thats earliest i can go. I know that prcess will take longer if I go that route to petition her as a spouse and with our child. Or is it better for me to still apply for K1 as soon as possible and hope she gets approved before our babay is born( I am not optimistic about that).

Thank you

If the baby is born before you marry it will be illigitimate in the philippines. You will have to adopt the baby in the Pilippines even when you marry. To get a to get US citizenship from birth you will have to legitimize the baby in the usa then file the cousular report of the birth abroad. If the baby is born after the marriage you dont have those problems.

My baby was born a month before we married. I wish we had been married when she was born. There would have been several less things to deal with...

For me marrying first would have been the best option, but I'm certainly not going to say wheter it would be the best option for you.

Yes it would be easier but just for getting child citizenship is not necesarry.Our son was born couple of months before we get married and we don't have no problem getting his u.s. citizenship. all we did is bring our marriage license to NSO and have the baby legitimized without no problem at all. as long as you have evidence that suffice everything you'll be fine. we should get our child u.s. passport in PI before coming here (u.s.a.)but since my husband can get his u.s.passport to me(as evidence) coz he was out of country that time then we decided we'll be getting his citizenship once we get here and we did.

[geezer 1]

Geezer,

The Manila Embassy website that I cited speaks for itself.

Your argument supports Legitimation Method No. 1, no quarrel about that. But you also have to consider Legitimation Method No. 2. "Persons born out of wedlock to U.S. citizen father and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of the two methods indicated below x x x

PW

Patiently waiting The statute is clear. For a baby born now you muct use legitizimatization method 2. Which states "the person is legitimated under the law of the person's residence or domicile."

JR I'm glad it worked out for you. But for me it was very important that I file a consular report of the birth abroad with the embassy and my daughter was recognized as being a us citizen at birth.

[tomnjas 0]

We are in a similar situation - I filed the fiancee' visa in Feb. Mommy's interview is in Manila, probably early October. The baby's due date is Aug 20 though. I will file a CRBA for the baby as soon as I get the NSO certificate. Be sure your name is on the certificate and keep documentation that you both were together at the time conception. You will also need another affadavit of support notarized in the US or their are a few notaries in Manila acceptable to the US embassy(see their website).

We(all 3 of us) will have to attend an interview at the embassy, separate from the fiancee' visa interview. Looks like the baby's US passport and Mommy's Fiancee' Visa will arrive about Mid October so we can all travel to America on Columbus Day -- Hooray.

I like the back plan of being able to add the baby's name to the finacee visa application also.

The Health care system in the PI is scary. The best hospital I could find is Makati Medical, the Best ob-gyne Doctora I could find is the one Lea Solanga used for her recent delivery. Looks like it will cost about $2000 US to have the baby there. Mommy lives in Olongapo so it is an all day bus ride to Manila for each doctora visit. As the due date approaches, Mommy will have to live in an apartment near Makati Medical - another $900 in rent.

So for about $3,000 out of pocket, you can get some decent medical care and control much of the risk of giving birth in a 3rd world country. Of course if my government had seen fit to expedite legal immigration they way they are trying to expedite illegal immigration, and, given the infant lortality ratyes in the PI, my little family would be off to a much better start and our baby would have a much better chance at survival it the baby could be born in the US under my health care insurance which woul only cost $10 out of pocket per visit instead of $3,000 usd.

[JRluvsLhyn 0]

Geezer,

The Manila Embassy website that I cited speaks for itself.

Your argument supports Legitimation Method No. 1, no quarrel about that. But you also have to consider Legitimation Method No. 2. "Persons born out of wedlock to U.S. citizen father and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of the two methods indicated below x x x

PW

Patiently waiting The statute is clear. For a baby born now you muct use legitizimatization method 2. Which states "the person is legitimated under the law of the person's residence or domicile."

JR I'm glad it worked out for you. But for me it was very important that I file a consular report of the birth abroad with the embassy and my daughter was recognized as being a us citizen at birth.

Yes! the embassy in manila give us a copy of consular report of our child being born abroad and was recognized as a u.s citizen at birth.

[geezer 1]

JR We are talking about a K1/K2 visa. About birth of child before marriage. A k4 is for child of spouse..not child of fiance. Thats why I said at the beginning for me marrying was the best option.

[Pinay Wife 47]

Patiently waiting The statute is clear. For a baby born now you muct use legitizimatization method 2. Which states "the person is legitimated under the law of the person's residence or domicile."

Yes geezer, the statute is indeed very clear and it says right there that a person can also be legitimated if "the father acknowledges paternity of the person in writing under oath". Legitimation "under the law of the person's domicile" which is the route you took, is just one of the options and not the only way, as you said.

I cite again the US embassy website where I picked up the info and highlighted the relevant info:

http://usembassy.state.gov/posts/rp1/wwwhlegt.html

Legitimation Method 2 - The person can be legitimated if:

-the father (unless deceased) has agreed in writing to provide financial support for the person until

the person reaches the age of 18 years and,

while the person is under the age of 18 years:

-the person is legitimated under the law of the person's residence or domicile,

-the father acknowledges paternity of the person in writing under oath, or

-the paternity of the person is established by adjudication of a competent court.

JR I'm glad it worked out for you. But for me it was very important that I file a consular report of the birth abroad with the embassy and my daughter was recognized as being a us citizen at birth.

JR We are talking about a K1/K2 visa. About birth of child before marriage. A k4 is for child of spouse..not child of fiance. Thats why I said at the beginning for me marrying was the best option.

It doesn’t matter if baby is K2 or K4, illegitimate or legitimate. If one of the parent is a US citizen and paternity is acknowledged, then he/she will be issued a CRBA. CRBA is a requirement for issuance of US passport. No CRBA, no US passport.

Geezer, I’m sorry if you have to go the route of having your child legitimated under the laws of your residence or domicile. You may have been advised wrongly. There is an easier way. As you can see, we have a few members here who were able to get US citizenship for their children without going the route you took.

To Brian and Marie, the arrival of your baby will hardly affect your petition. You have the option of having the baby recognized as US citizen (the best option) or you can amend the K1 petition and include him/her as K2 later.

Edited July 4, 2006 by PatientlyWaiting