How to file our son?

[Wade+Kristin 0]

Hello,

We're new to posting here but have been reading and watching for a little while now. I'm about to file for a K1 visa for my fiancee and we also have a son together. He was born in her country, Norway, and we have not filed for a citizenship or adjusted his status yet. We're wondering if we're able to file him as a K2 on the same form, or if we will have to bring him to the embassy in her country to get him a US passport and citizenship first?

We've called the embassy here in the US and asked about it, and they seem to think he can be filed as K2 and later on fix his citizenship. In order to be sure of this, we've called them back a couple of times and spoke to a couple of different people working there in order to make sure of this. The reason we are a bit insecure of this, is because we came across a thread here regarding someone else who seemed to be in our situation. In their case they had a delay because the daughter was eligble for a US passport and citizenship and therefor was told she should not be requesting a visa. However, the officials have told us they can't see a reason why our son could not be filed as a K2 and travel with his mother here after (hopefully) they get their visa approved.

Any thoughs, advice or help on this would be greatly appreciated!

[Ed+Cindy 1]

Hello,

We're new to posting here but have been reading and watching for a little while now. I'm about to file for a K1 visa for my fiancee and we also have a son together. He was born in her country, Norway, and we have not filed for a citizenship or adjusted his status yet. We're wondering if we're able to file him as a K2 on the same form, or if we will have to bring him to the embassy in her country to get him a US passport and citizenship first?

We've called the embassy here in the US and asked about it, and they seem to think he can be filed as K2 and later on fix his citizenship. In order to be sure of this, we've called them back a couple of times and spoke to a couple of different people working there in order to make sure of this. The reason we are a bit insecure of this, is because we came across a thread here regarding someone else who seemed to be in our situation. In their case they had a delay because the daughter was eligble for a US passport and citizenship and therefor was told she should not be requesting a visa. However, the officials have told us they can't see a reason why our son could not be filed as a K2 and travel with his mother here after (hopefully) they get their visa approved.

Any thoughs, advice or help on this would be greatly appreciated!

Your son is a US citizen and does not need (or should not even be issued) a visa to enter the US. Register him with the Embassy and get his US passport.

[Gary and Alla 3,694]

Hello,

We're new to posting here but have been reading and watching for a little while now. I'm about to file for a K1 visa for my fiancee and we also have a son together. He was born in her country, Norway, and we have not filed for a citizenship or adjusted his status yet. We're wondering if we're able to file him as a K2 on the same form, or if we will have to bring him to the embassy in her country to get him a US passport and citizenship first?

We've called the embassy here in the US and asked about it, and they seem to think he can be filed as K2 and later on fix his citizenship. In order to be sure of this, we've called them back a couple of times and spoke to a couple of different people working there in order to make sure of this. The reason we are a bit insecure of this, is because we came across a thread here regarding someone else who seemed to be in our situation. In their case they had a delay because the daughter was eligble for a US passport and citizenship and therefor was told she should not be requesting a visa. However, the officials have told us they can't see a reason why our son could not be filed as a K2 and travel with his mother here after (hopefully) they get their visa approved.

Any thoughs, advice or help on this would be greatly appreciated!

If your son has a claim to US citizenship (and it sounds like he does) you need to work that out. You do not needa visa for him, and will not receive one. Concurrent with your K-1 application you need to go about getting his citizenship taken care of and get his passport.

The problem with calling the enbassy is that is the state department. The state department has nothing to do with citizenship, it is not their area of concern and like all government employees they prefer to make up laws rather than inform you correctly. USCIS handles citizenship, contact them. There is a process for registering the birth of a US citizen abroad.

[Wade+Kristin 0]

Thanks for the quick reply! We were hoping we could just file him as a K2 and later on fix his citzenship, but it seems as if we will have to take him to the embassy and have the paperwork done prior to his arrival. What confuses me, is how the US embassy have told us tree times now how he can be filed as a K2, if this is not the case..

When filing for citizenship for our son, they state we might have to prove physical presence in the US for me (the US citizen) . Does anyone know what this means, and how exactly we can prove this, what sort of documentation we need etc?

Thanks again!

[Wade+Kristin 0]

Hi Gary and Alla, thank you so much for the detailed answer. It sure sounds a lot more clear than the wage answers we have been getting from the embassy as well as the department of immigration. I guess we'll get in touch with the right people as well as preparing for our son to travel to the capital in Norway where the embassy is at! I assume we can file for the K1 at the same time, so there won't be any additional delays.

Again, thanks everyone for the help. It really is appreciated in the jungle of papers!

[Ed+Cindy 1]

When filing for citizenship for our son, they state we might have to prove physical presence in the US for me (the US citizen) . Does anyone know what this means, and how exactly we can prove this, what sort of documentation we need etc?

Tax return, mortgage in your name, job contract in the US, etc....