Fiancee gave birth while awaiting K1 visa

[araali 0]

I have just received notice of approval for 1129F, but my fiancee has given birth to our child since we filed the original petition. I mentioned in my cover letter that she was pregnant, but I did not list a child on the petition as he was far from born at that time. My approval notice mentions my fiancee but does not say anything about a child.

Will I need to refile?

Trying to contact USCIS, but not having luck.

thanks.

[himher 634]

Congrats

Your child is not an immigrant - he/she is under the law a USC. Advised to obtain the birth cert / do the necessary and apply for a US passport/consular report of birth abroad for the child and have the child enter under his/her new passport.

I believe that you have to show physical presence in the US (yourself) for 5 years, and I believe (3???) of them have to be after age 16.

USC children do not otherwise fall under the jurisdiction of USCIS.

The application / passport takes about 3 weeks and has to be done at the consulate abroad. USCIS is not the correct place to contact - the consulate/embassy where the child was born has responsibility to issue the birth report and passport.

I have just received notice of approval for 1129F, but my fiancee has given birth to our child since we filed the original petition. I mentioned in my cover letter that she was pregnant, but I did not list a child on the petition as he was far from born at that time. My approval notice mentions my fiancee but does not say anything about a child.

Will I need to refile?

Trying to contact USCIS, but not having luck.

thanks.

Edited February 17, 2012 by himher

[sonicgihad 4]

My daughter was born in the Philippines. I went to the US embassy and reported a child birth abroad. You'd be able to get your child a passport and a Child birth abroad certificate (which will act as her proof of citizenship since her birth certificate will be Indonesian) when you go to the US Embassy in Indonesia. You don't need to worry about petitioning for your child or adding him/her as K2. I just don't remember if you're fiancee can file the birth abroad for you but I think you'd have to do it in person since you're the US citizen but dont quote me on that. Go check out the US Embassy site in Indonesia. I suggest when your fiancee goes for her interview, plan on being there so you can file for your child, then bring em both home with you when you return. btw, I filed for my daughter's child birth abroad status when she was 10 months old. I don't know if that's different for every country.

Congratulations!

Edited February 17, 2012 by sonicgihad

[VanessaTony 3,567]

My daughter was born in the Philippines. I went to the US embassy and reported a child birth abroad. You'd be able to get your child a passport and a Child birth abroad certificate (which will act as her proof of citizenship since her birth certificate will be Indonesian) when you go to the US Embassy in Indonesia. You don't need to worry about petitioning for your child or adding him/her as K2. I just don't remember if you're fiancee can file the birth abroad for you but I think you'd have to do it in person since you're the US citizen but dont quote me on that. Go check out the US Embassy site in Indonesia. I suggest when your fiancee goes for her interview, plan on being there so you can file for your child, then bring em both home with you when you return. btw, I filed for my daughter's child birth abroad status when she was 10 months old. I don't know if that's different for every country.

Congratulations!

She does it, he doesn't have to be there in person but there are forms for him to sign. A friend of mine did it for her Aussie born USC child

[himher 634]

Prolly want to check the specific rules in that country. I had to appear in person with my wife and daughter to apply.

She does it, he doesn't have to be there in person but there are forms for him to sign. A friend of mine did it for her Aussie born USC child

[VanessaTony 3,567]

Prolly want to check the specific rules in that country. I had to appear in person with my wife and daughter to apply.

You're right. More high fraud countries probably require it. I apologise to the OP. Check your countries rules.