K2 child of petitioner

[Bella90 0]

Hey guys ! i need help. Me and my fiance got approval from USCIS. Now we're waiting for documents to get to US Embassy in Moldova. I have a 10 months old child. He is also the child of my fiance (petitioner). We decided to get to USA with K1 and K2 visas. But as i still live in my home country my child has a moldovan birth certificate and my last name. His father's name is not even submited in his birth certificate (we thought it's gonna take extra time and extra documentation). So i'm clasificated as a single mother and my son is unwed child.

So my question, is it gonna be a problem for us to get k2 visa ? I know at the interview for k2 visa they need a letter from the second parent. so how am i suppose to explain that petitioner is the father but my kid doesn't have an american passport (just cause i don't want to still live in my country and have different last names with my kid). I want to change my kid's last name only after wedding with his father, so i will change it too.

I know i might doesn't explain everything so clear to you all, i'm confused too . Pleas help with some advices. Thank you.

[LIFE'SJOURNEY 970]

At the time of birth was the birth father a USC?

If your child is the child of a USC, then you should be doing a CBA, your child might be entitled to a US passport. USC can not be given a visa,since they have the right to enter the US.

[Bella90 0]

At the time of birth was the birth father a USC?

If your child is the child of a USC, then you should be doing a CBA, your child might be entitled to a US passport. USC can not be given a visa,since they have the right to enter the US.

Yes, his father was a USC at the time of born. I know that my son can obtain an US passport. But if we decided to get for him an US passport after getting to USA and after wedding? Can we just go to USA with k1 and k2 visa?

[LIFE'SJOURNEY 970]

Yes, his father was a USC at the time of born. I know that my son can obtain an US passport. But if we decided to get for him an US passport after getting to USA and after wedding? Can we just go to USA with k1 and k2 visa?

But if we decided to get for him an US passport after getting to USA and after wedding?

Can we just go to USA with k1 and k2 visa , NO the child MUST have a US passport, he will not be issued a visa.

The embassy will not issue your son a visa.

[JimVaPhuong 4,863]

LJ is correct. The child has a claim to US citizenship, and the consulate is not permitted to issue visas to US citizens. It prohibited by law. They're going to require you to submit the CRBA. They'll only issue a visa if the CRBA is denied. Get started on the CRBA today!

BTW, the child's claim to US citizenship hinges on two things; whether the child has a biological parent who was a US citizen at the time the child was born, and whether the US citizen parent met the physical presence requirements in order to grant US citizenship to a child born abroad. Proof is required to support the claim that both of these requirements has been met.

When the child is born out of wedlock to a US citizen father then the law requires proof of a blood relationship between the father and the child. The consulate may request a DNA test to prove this. This might be less likely if the US citizen appears at the consulate for the CRBA interview and signs a paternity claim in front of the consular officer. Your fiance should probably plan on being at the consulate for the CRBA interview.

The physical presence requirements are that the US citizen parent must have been physically present in the United States for at least five years, at least two of which must have been after the US citizen parent was 14 years old. The consulate will require proof that the US citizen parent has met the physical presence requirement. School records and/or tax returns are often used for this.

The reason for the physical presence requirement is to stop the chain of inherited citizenship with the first child who does not actually immigrate to the United States.

[payxibka 10,045]

Yes, his father was a USC at the time of born. I know that my son can obtain an US passport. But if we decided to get for him an US passport after getting to USA and after wedding? Can we just go to USA with k1 and k2 visa?

no such thing as a k-2 for a child of a usc who has claim to citizenship

[Bella90 0]

Thak you so much for help guys !!!! But one thing i don't understand. So now as my kid has my last name and no father's name in his birth certificate, do i need to get another birth certificate of him with both parent's name and also i need to change the last name of my kid? And if i'm not married his father yet then how people at airport would let me leave my country if i have one last name in passport an my kid another? will i need permision from his father to do that, even if we going to visit his father????

And if for example we were not going to get married but i still want to visit USA with my kid for a short period of time, in order to see relatives and all this stuff, can i get for my kid an US Passport but he will still have my last name. Cause i think it's rediculous to stay in my country with my kid, and him to have a different last name from mine, i will always need permision from his father to do something, even to go to the doctors.

OH God!!! I don't know what to do and how to do. I'm just affraid that i'll go to US and our relationship will not work out and i will not be able to take my son and come back to my country cause he will have his father last name, but i will not. Hopefully it doesn't happen like that but still, i need to know. Please help.

[JimVaPhuong 4,863]

Thak you so much for help guys !!!! But one thing i don't understand. So now as my kid has my last name and no father's name in his birth certificate, do i need to get another birth certificate of him with both parent's name and also i need to change the last name of my kid? And if i'm not married his father yet then how people at airport would let me leave my country if i have one last name in passport an my kid another? will i need permision from his father to do that, even if we going to visit his father????

And if for example we were not going to get married but i still want to visit USA with my kid for a short period of time, in order to see relatives and all this stuff, can i get for my kid an US Passport but he will still have my last name. Cause i think it's rediculous to stay in my country with my kid, and him to have a different last name from mine, i will always need permision from his father to do something, even to go to the doctors.

OH God!!! I don't know what to do and how to do. I'm just affraid that i'll go to US and our relationship will not work out and i will not be able to take my son and come back to my country cause he will have his father last name, but i will not. Hopefully it doesn't happen like that but still, i need to know. Please help.

You don't need to get a new birth certificate. In some countries it's helpful with the CRBA process if the US citizen father is listed on the child's birth certificate, but it's not required. The child's name on his US passport must be his LEGAL name. It doesn't have to be his father's last name.

The child will, for all practical purposes, be a citizen of two countries. If he leaves the country using his US passport then he probably wouldn't need parental permission. The problem this causes is that he would be a US citizen leaving with no record of having ever entered the country. This complicates things from an immigration perspective in the home country. Many countries would require a person in this situation to obtain an exit visa granting them permission to leave. In order to avoid this scenario most people have the child leave using a passport for their home country, and then enter the US using their US passport. I don't know what the laws are in your country, but if permission is required from both parents to leave the country then have your fiancee either write a letter or accompany you and your child when you leave. The child's CRBA certificate is proof of who the child's father is.

I think it's odd that you can't take your child to the doctor without his father's permission. What do single mothers and widows in your country do?

There's something you need to understand about family law in the US. Both parents have rights and responsibilities. Once you and your child enter the US the child will not be able to leave without his father's permission. This doesn't mean you'll be barred from leaving at the airport. In fact, if the child has a valid US passport and isn't on a blocked traveler's list then they'll let the child leave. The US doesn't stop US citizens from traveling abroad except in specific circumstances, such as certain tax or child support absconders or people under indictment for criminal charges, etc. It's not likely your child is going to end up on any of those lists, so they'd allow him to travel. The problem is if you take the child out of the US without the father's permission then you could be charged with international child abduction. If your fiancee wants to keep the child here then he could ask a family court judge to seize the child's passport to prevent you from taking him, and Department of State won't issue a replacement passport without permission from both parents. This is all designed to prevent parental abduction. Immigrant parents involved in a divorce in the US sometimes grab the children and head back to their home country, in spite of the fact that the parent remaining in the US may have been granted joint or sole custody. Some countries refuse to return the children to their custodial parents in the US.

What's more, once your child becomes a US citizen then, in addition to having the rights of a US citizen, he'll also have the responsibilities of a US citizen. For example, once he grows up then he'll be expected to file a tax return in the US, even if he's living and working abroad. Once you've filed the CRBA then you're making a commitment on behalf of your son that you won't be able to undo later. If you have doubts about the relationship with the child's father then you should work those out before continuing.

[Bella90 0]

You don't need to get a new birth certificate. In some countries it's helpful with the CRBA process if the US citizen father is listed on the child's birth certificate, but it's not required. The child's name on his US passport must be his LEGAL name. It doesn't have to be his father's last name.

The child will, for all practical purposes, be a citizen of two countries. If he leaves the country using his US passport then he probably wouldn't need parental permission. The problem this causes is that he would be a US citizen leaving with no record of having ever entered the country. This complicates things from an immigration perspective in the home country. Many countries would require a person in this situation to obtain an exit visa granting them permission to leave. In order to avoid this scenario most people have the child leave using a passport for their home country, and then enter the US using their US passport. I don't know what the laws are in your country, but if permission is required from both parents to leave the country then have your fiancee either write a letter or accompany you and your child when you leave. The child's CRBA certificate is proof of who the child's father is.

I think it's odd that you can't take your child to the doctor without his father's permission. What do single mothers and widows in your country do?

There's something you need to understand about family law in the US. Both parents have rights and responsibilities. Once you and your child enter the US the child will not be able to leave without his father's permission. This doesn't mean you'll be barred from leaving at the airport. In fact, if the child has a valid US passport and isn't on a blocked traveler's list then they'll let the child leave. The US doesn't stop US citizens from traveling abroad except in specific circumstances, such as certain tax or child support absconders or people under indictment for criminal charges, etc. It's not likely your child is going to end up on any of those lists, so they'd allow him to travel. The problem is if you take the child out of the US without the father's permission then you could be charged with international child abduction. If your fiancee wants to keep the child here then he could ask a family court judge to seize the child's passport to prevent you from taking him, and Department of State won't issue a replacement passport without permission from both parents. This is all designed to prevent parental abduction. Immigrant parents involved in a divorce in the US sometimes grab the children and head back to their home country, in spite of the fact that the parent remaining in the US may have been granted joint or sole custody. Some countries refuse to return the children to their custodial parents in the US.

What's more, once your child becomes a US citizen then, in addition to having the rights of a US citizen, he'll also have the responsibilities of a US citizen. For example, once he grows up then he'll be expected to file a tax return in the US, even if he's living and working abroad. Once you've filed the CRBA then you're making a commitment on behalf of your son that you won't be able to undo later. If you have doubts about the relationship with the child's father then you should work those out before continuing.

Thank you so much! I appreciate your help. I think we might star getting the US Passport for my son as soon as it's possible, so we might get done befor my interview. But now i'm confused about K1 visa. Obviously my son will not be issued a visa, i'm not going even to submit the required documents for K2. But what about me? Will i be able to get the K1 visa. Anyways, if we are not in time with US passport, after getting the visa i can stay longer in my country and leave after my son gets his passport. Is it possible? Thank you

[payxibka 10,045]

Thank you so much! I appreciate your help. I think we might star getting the US Passport for my son as soon as it's possible, so we might get done befor my interview. But now i'm confused about K1 visa. Obviously my son will not be issued a visa, i'm not going even to submit the required documents for K2. But what about me? Will i be able to get the K1 visa. Anyways, if we are not in time with US passport, after getting the visa i can stay longer in my country and leave after my son gets his passport. Is it possible? Thank you

why are you worried about your k-1? you have 6 months after the visa is issued to arrive in the usa.

[Bella90 0]

why are you worried about your k-1? you have 6 months after the visa is issued to arrive in the usa.

well i understand that...actually i'm worring that consul would not even issued the K1 for me, cause in petition was listed my kid, and at interview i'll not present any documents for K2 visa. I know it might sound stupid but would it be a problem then to get K1, even if all my documents are good? Or it's even no sens to apply for K1?

[JimVaPhuong 4,863]

well i understand that...actually i'm worring that consul would not even issued the K1 for me, cause in petition was listed my kid, and at interview i'll not present any documents for K2 visa. I know it might sound stupid but would it be a problem then to get K1, even if all my documents are good? Or it's even no sens to apply for K1?

Most consulates will not issue the K1 if there is a child involved that has a claim to US citizenship, and that claim has not yet been processed. They won't deny the K1 visa. They'll give you a 221G slip asking you to come back to the consulate with the CRBA certificate.

A friend of mine went through this process at the consulate in Saigon, Vietnam. He rescheduled the original K1 interview because it was scheduled only two weeks after his fiancee was due to deliver their child. She ended up having the baby the same day the interview was originally scheduled. The rescheduled K1 interview was scheduled for two weeks before the CRBA interview. She got a 221G sheet asking for the CRBA certificate, but they kept her passport. She was notified the CRBA was approved less than six weeks after the CRBA interview. When she went to pick up the baby's passport she gave them her 221G sheet, and they got her passport for her. The K1 visa was already in it.

[Bella90 0]

Most consulates will not issue the K1 if there is a child involved that has a claim to US citizenship, and that claim has not yet been processed. They won't deny the K1 visa. They'll give you a 221G slip asking you to come back to the consulate with the CRBA certificate.

A friend of mine went through this process at the consulate in Saigon, Vietnam. He rescheduled the original K1 interview because it was scheduled only two weeks after his fiancee was due to deliver their child. She ended up having the baby the same day the interview was originally scheduled. The rescheduled K1 interview was scheduled for two weeks before the CRBA interview. She got a 221G sheet asking for the CRBA certificate, but they kept her passport. She was notified the CRBA was approved less than six weeks after the CRBA interview. When she went to pick up the baby's passport she gave them her 221G sheet, and they got her passport for her. The K1 visa was already in it.

Oh God why everything has to be so complicated???!!! Ok anyways thank you SO MUCH !!! Now I know why i might expect. BUt however for appliyng for CRBA i need to make the birth certificate all over again, at least for adding in there the father's name and details.