k1 applications

[cherylc522 0]

Hey, I'm trying to help out a friend with his paper work, He wants to bring his fiancé and son from mexico. want to make sure we do the application right, because the child IS his, does he need to do an I-130 for the child and then the I-129f for her, or will the child be listed on the I-129f as her child? just want to make sure we do this all right

[Pitaya 2,577]

Hey, I'm trying to help out a friend with his paper work, He wants to bring his fiancé and son from mexico. want to make sure we do the application right, because the child IS his, does he need to do an I-130 for the child and then the I-129f for her, or will the child be listed on the I-129f as her child? just want to make sure we do this all right

Please refer to page 1 of Form !-129F instructionc.

Good luck to your friend.

[leoidiarte 2]

/\ Follow

[cherylc522 0]

Please refer to page 1 of Form !-129F instructionc.

Good luck to your friend.

thank you, i did read through those, but it doesn't specify if the section for also applying for your fiancés children is the same as if the child is yours as well.

[skiptex 225]

http://www.visajourney.com/forums/topic/347113-k2-visa-process-for-child-of-fiancee-k1-visa-beneficiary/page__pid__5102482#entry5102482

http://www.visajourney.com/faq/k1k2visa-outline.html

[cherylc522 0]

http://www.visajourney.com/forums/topic/347113-k2-visa-process-for-child-of-fiancee-k1-visa-beneficiary/page__pid__5102482#entry5102482

http://www.visajourney.com/faq/k1k2visa-outline.html

lol thank you, i have read through all the links on these, so even though the child is his biological child he can be included on the I-129f for the mother, he doesn't need to do a separate application for brining a family member right?

[Doug & Pam 3]

lol thank you, i have read through all the links on these, so even though the child is his biological child he can be included on the I-129f for the mother, he doesn't need to do a separate application for brining a family member right?

So he (your friend) is the child's father and your friend is a US Citizen? If this is the case doesn't that make the child a US Citizen?

[cherylc522 0]

So he (your friend) is the child's father and your friend is a US Citizen? If this is the case doesn't that make the child a US Citizen?

thats what I'm not quite sure on, child is his and he is a us citizen born here, child was born in mexico and never registered here or anything so I'm not sure how that works.

[Matt.M 4]

If the child is his he has to register the baby at the is embassy in Mexico.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

A blood relationship between the person and the father is established by clear and convincing evidence;

The father had the nationality of the United States at the time of the person’s birth;

The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

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 his/her 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.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

This was taken from the Dep Of States website here http://travel.state.gov/law/citizenship/citizenship_5199.html

[cherylc522 0]

If the child is his he has to register the baby at the is embassy in Mexico.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

A blood relationship between the person and the father is established by clear and convincing evidence;

The father had the nationality of the United States at the time of the person’s birth;

The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.

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 his/her 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.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “Old” Section 309(a) of the INA- A child born out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under the former Section 301(a)(7) of the INA as made applicable by the “old” Section 309(a) of the INA if the U.S. citizen father, prior to the child’s birth, had been physically present in the United States or one of its outlying possessions for ten years, five of which were after the age of 14, and if the paternity of the child had been established by legitimation prior to the child reaching the age of 21. The “old” Section 309(a) of the INA is applicable to individuals who were 18 on November 14, 1986 and to individuals whose paternity had been established by legitimation prior to that date. Individuals who were at least 15 on November 14, 1986, but under the age of 18, could opt to have their claim determined in accordance with the provisions of either the “old” or the “new” Section 309(a).

This was taken from the Dep Of States website here http://travel.state.gov/law/citizenship/citizenship_5199.html

Thanks for this information, just have a couple questions about that now that I look at it all. reading http://www.uscis.gov/files/pressrelease/ChildCitizenshipAct_022701.pdf states a $160 filing fee and seems to state that since the child is living outside the US that he needs to file here and then the process is completed once the child is brought here as well, I dont see where we can actually do the registration in mexico. also, is it easier just to include the child on the fiance visa application and then register him as a US citizen once here, or is it better to do his citizenship separately?

[cherylc522 0]

ah im sorry i keep thinking of questions after I finish a reply. Can we start the I-129f petition without having the fiances birth certificate or passport yet? from what i see it doesn't ask for that information until later when she gets the packet to do the non immigrant visa application, is that correct? so we could do the petition while we are waiting for the passport and birth certificate to arrive?

[Penguin_ie 5,993]

The child cannot get a visa if he is/ has a claim to US citizenship. They will delay mom's visa until the child gets CRBA (Consular Record of Birth Abroad).

[cherylc522 0]

The child cannot get a visa if he is/ has a claim to US citizenship. They will delay mom's visa until the child gets CRBA (Consular Record of Birth Abroad).

oh wow ok that was good to know thank you for that, so i guess im getting confused because this is all so different than mine. the baby has not been registered yet at all either in mexico or for the US so no birth certificate yet i dont believe, is the proper procedure for a baby born to 1 US citizen and 1 mexico citizen to register in mexico and then go to us embassy as well and be registered, or is it proper to ONLY register at the US embassy. and then i take it that this CRBA is going to be included with her visa packet because the child will be traveling with her but is technically a citizen in his own right?

[cherylc522 0]

oh wow ok that was good to know thank you for that, so i guess im getting confused because this is all so different than mine. the baby has not been registered yet at all either in mexico or for the US so no birth certificate yet i dont believe, is the proper procedure for a baby born to 1 US citizen and 1 mexico citizen to register in mexico and then go to us embassy as well and be registered, or is it proper to ONLY register at the US embassy. and then i take it that this CRBA is going to be included with her visa packet because the child will be traveling with her but is technically a citizen in his own right?

I was able to find on the application for CRBA that you do need to still have the mexico birth certificate, so that will have to be completed before actually applying for the CRBA. but then the child is still listed on the fiance visa correct?

[cherylc522 0]

just want to group everything into 1 post now cause I have a few questions and they are all spread out between posts. so questions still needing an answer

1. do we need to wait until his fiancee has her passport and birth certificate to start the petition?

2. does the child still get listed on the I-129f petition and the non immigrant visa application? and if not, is there another form or process needed for the child to be able to live in the US?