What paperwork is needed for my soon to be born child

[amidigital 0]

My fiance is going for her K1 visa interview on April 23- she will give birth 3 weeks before.

I will go the the Philippines for the birth. Hopefully they can come a few weeks later.

We have not mentioned it in the paperwork so far. Will the child need a visa? I can't get a straight answer on what forms the child needs.

Can I sign the birth certificate at that time and that be helpful in the process?

Thanks!

[baron555 934]

My fiance is going for her K1 visa interview on April 23- she will give birth 3 weeks before.

I will go the the Philippines for the birth. Hopefully they can come a few weeks later.

We have not mentioned it in the paperwork so far. Will the child need a visa? I can't get a straight answer on what forms the child needs.

Can I sign the birth certificate at that time and that be helpful in the process?

Thanks!

Yes every immigrating person needs a visa.

Same forms as the mother.

The BC doesn't prove anything; DNA results proving you as the father also doesn't say anything about your relationship except that maybe one time you two got close together......well, maybe not.

[JimVaPhuong 4,863]

Yes every immigrating person needs a visa.

Same forms as the mother.

The BC doesn't prove anything; DNA results proving you as the father also doesn't say anything about your relationship except that maybe one time you two got close together......well, maybe not.

Nope. If the OP is the father then the child will not be eligible for a visa because it will have a claim to US citizenship. The consulate will insist they file a Consular Report of Birth Abroad (CRBA), and get a US passport for the child. They can expect this to take a month or two, maybe longer. It will be helpful if the OP can attend the CRBA interview the child's mother.

[baron555 934]

Nope. If the OP is the father then the child will not be eligible for a visa because it will have a claim to US citizenship. The consulate will insist they file a Consular Report of Birth Abroad (CRBA), and get a US passport for the child. They can expect this to take a month or two, maybe longer. It will be helpful if the OP can attend the CRBA interview the child's mother.

I've also read of cases where the Consulate doesn't want to pursue the CRBA if the timeline is very close to the K-1/K-2.

I'm no expert and maybe you are; OP you have some homework to do, I suggest contacting the consulate directly; they will know what they will want.

[VanessaTony 3,567]

Jim is right. You will need to file a CRBA. You should prepare the paperwork so you can submit it when you are there. I'm not sure how long it takes in her home country.. see here: http://manila.usembassy.gov/service/citizenship.html You can see you can apply online now and that's probably because of the intense volume of these applications. Because the child will be born out of wedlock they will often require DNA evidence. Sometimes they will accept proof that you were there at the time of conception.

Read up on the process now so you're prepared when the time comes and it can go a lot quicker. ALSO check with your fiancee's doctor about when the child can fly. Online it says if necessary a child can fly at a week old but it's better to wait till 4-6 weeks. Also depending on how your fiancee gives birth she might not be allowed to fly for a couple of weeks either.

Congrats!

[JimVaPhuong 4,863]

I've also read of cases where the Consulate doesn't want to pursue the CRBA if the timeline is very close to the K-1/K-2.

I'm no expert and maybe you are; OP you have some homework to do, I suggest contacting the consulate directly; they will know what they will want.

I've never heard of a consulate doing this. Someone with a claim to US citizenship is ineligible for a visa. If the consulate becomes aware that an applicant might have a claim to US citizenship then they're supposed to require that claim to be processed before considering a visa application, and only issue a visa if the citizenship claim is denied without prejudice.

But, as we all know, consulates don't always follow the rules...

[sonicgihad 4]

My daughter was born in the Philippines, all i did was go to the US embassy with the child, birth certificata and my proof of citizenship and i think i got the passport the same day. I dont remember that part since that was 11 years ago.

Im not sure why the consulate would have any say on pursuing the CRBA while there's a K1 in process as they are 2 seperate cases. The non-us parent does not get instant benefit from the child and besides its the child's right as an american.

[JimVaPhuong 4,863]

My daughter was born in the Philippines, all i did was go to the US embassy with the child, birth certificata and my proof of citizenship and i think i got the passport the same day. I dont remember that part since that was 11 years ago.

I don't think this is possible anymore. Department of State doesn't have the authority to approve claims of citizenship. They have to send the CRBA to USCIS for approval before they can issue a passport. I'm pretty sure that consulates stopped making passports when they switched to the new ePassport. According to the DoS website, all passports are now printed in the US. This would make it virtually impossible to get a passport from a consulate in one day. However, consulates can issue an emergency travel document to a US citizen, which would allow them to travel and enter the US. They wouldn't do this in a CRBA case unless there was an urgent need to travel.

Im not sure why the consulate would have any say on pursuing the CRBA while there's a K1 in process as they are 2 seperate cases. The non-us parent does not get instant benefit from the child and besides its the child's right as an american.

You're correct. They don't have any say. The K1 and CRBA processes are entirely separate. However, the consulate isn't going to issue a K2 derivative visa to a child that has a claim to US citizenship. Many consulates will postpone a final decision on the K1 visa if a CRBA application is needed for a child. If the CRBA is ultimately denied with prejudice then the consulate can use that denial as a basis for denying the K1 visa. In other words, if they determine that the beneficiary lied about who was the father of the child then that would be sufficient reason to deny a K1 visa.

I've heard of K1's being postponed at the embassy in Manila until a CRBA was completed. I personally know two people whose K1's were postponed at the consulate in HCMC for the same reason. I believe this is probably standard procedure.