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Filed I129F - Fiance is Having a Baby

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Hello Board members,

I filed for a I129F around June 5, 2009. On the application I did not put anything regarding children (both my fiance and I do not have any). Fast foward to today - she is expecting our baby boy next month (will be born in Mexico).

My question is - How do I go about adjusting the forum to include our baby? Or better yet - what do I need to do to make sure the birth does not delay our paperwork and my fiance and son will be able to cross the border so we can have one big happy family.

This is my first post so please bare with me - thanks for your help in advance.

CA

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I think that you can just add it later on, possibly at the Embassy stage.

My question is how did she or you not know she was pregnant in June when she must have been at least 6 months pregnant when you filed? Or did you just decide to not worry about it until the baby was born?

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It's you, it's you, You make me sing.

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ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

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I think that you can just add it later on, possibly at the Embassy stage.

My question is how did she or you not know she was pregnant in June when she must have been at least 6 months pregnant when you filed? Or did you just decide to not worry about it until the baby was born?

We knew before hand - I honestly was not worried about it - but now the the ball in rolling (paperwork) - I am stressing.

Thanks for your help :)

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Filed: Citizen (apr) Country: Ireland
Timeline

Unborn children don't count in the visa process, so you did nothing wrong in not mentioning the baby in the paperwork. Once it is born you can add him/her, but as a previous poster says, if you as the USC dad have spent at least 5 years in the USA, the child may have a claim to US citizenship, which would make things even easier. Look up CRBA for details.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Hello Board members,

I filed for a I129F around June 5, 2009. On the application I did not put anything regarding children (both my fiance and I do not have any). Fast foward to today - she is expecting our baby boy next month (will be born in Mexico).

My question is - How do I go about adjusting the forum to include our baby? Or better yet - what do I need to do to make sure the birth does not delay our paperwork and my fiance and son will be able to cross the border so we can have one big happy family.

This is my first post so please bare with me - thanks for your help in advance.

CA

best to call the NVC for your unique case. but just a thought, if your application is still being processed (no NOA2 yet) it might still be the fastest thing to submit new forms to include your son, after he is born. he'll be a K2 since your fiance is on a K1. you can bring them both at the same time...just a thought :)

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Filed: AOS (apr) Country: Philippines
Timeline
best to call the NVC for your unique case. but just a thought, if your application is still being processed (no NOA2 yet) it might still be the fastest thing to submit new forms to include your son, after he is born. he'll be a K2 since your fiance is on a K1. you can bring them both at the same time...just a thought :)

No, NVC would not be the correct place as NVC has little or nothing to do with "K" visas. Proper place to deal with this would be the consulate.

No. most likely the child will be potentially a USC and not a K-2 if the OP is a qualifying USC (assumng of course the USC is the biological father)..... A USC does not need a visa and cannot be issued a visa. Any potential claims to citizenship need to be resolved first.

Edited by payxibka

YMMV

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Check into his citizenship status. Assuming he is a citizen, he does not need a visa. you would just get him a passport and he could enter the country at any point of your choosing.

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

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Filed: K-1 Visa Country: Philippines
Timeline
Check into his citizenship status. Assuming he is a citizen, he does not need a visa. you would just get him a passport and he could enter the country at any point of your choosing.

I hope this could help try to read about CRBA....

http://manila.usembassy.gov/wwwha003.html

h E i s *

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Filed: Citizen (apr) Country: Ecuador
Timeline

A DNA test might be required to prove your fatherhood of the child. When you contact the consulate, remember to ask them about the necessity and the protocol of this.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 2 weeks later...
Filed: K-1 Visa Country: Laos
Timeline

According to process at consular, once the child is born, you'll have to write a letter of acknowledgement to US consular stating that you still want to marry your fiance(e) in the USA and then they will issue the baby (him/her) a visa, providing that you pass the interview. Reason being is this, it may be possible that USC fiance may not be the father of the baby and may therefore change his mind about the engagement. With this being said, whether the baby is your or not, they will issue the baby a visa regardless.

Hope this help.

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