Fiance and petitioner have a child together

[ademkiv 1]

I am helping a friend file for K1 visa for his fiance...

My friend, US citizen petitioner, and his fiancee have a child together. Does he need extra documentation to file I-129F since they have a child together?

Thanks for helping!

[nicolasandres 6]

yea, they need extra evidence to prove that still have a real relationship ...

[canadian_wife 1,822]

They need to provide they have an ongoing relationship

does she child qualify for a US passport? That needs to be done also

good luck

[TKBRAVO 4]

I am helping a friend file for K1 visa for his fiance...

My friend, US citizen petitioner, and his fiancee have a child together. Does he need extra documentation to file I-129F since they have a child together?

Thanks for helping!

Here is excatly my situation. I am a US citizen, and my Fiancee back home has our daughter of 3 years old.In my case I have no picture at all with my fiancee, and my daughter was born when I was In the US. The only proof of relationship I have are

Western Union Receipt, a DNA test result previously done at US embassy and phone call bill.

She is waiting for Packet 3 presently and I hope all will be ok

Good luck to you.

[ademkiv 1]

I know they need proof of ongoing relationship, etc...

I was just wondering if they need anything in addition to all the stuff listed in guides on the website.

I don't think their child is eligible for a US passport. Their son was born in October 2012 and my friend was not a US citizen at that time. He became a US citizen just a few weeks ago...

Edited July 21, 2013 by ademkiv

[Gary and Alla 3,694]

I am helping a friend file for K1 visa for his fiance...

My friend, US citizen petitioner, and his fiancee have a child together. Does he need extra documentation to file I-129F since they have a child together?

Thanks for helping!

On the I-129f they will list the name of the child where it says to list the names of ALL children. The child is a US citizen and is not eligible for a visa.

In addition to all the normal things one needs for a fiancee visa your friend needs to register the child's birth abroad at the US consulate in Kiev (IF the child was born abroad, you do not say) The parent can then apply for a US passport for the child which is all the child will need to come to the US (IF the child is not already in the US, you do not say)

Having the child in itself makes absolutely no difference in the visa process otherwise.

[Gary and Alla 3,694]

I know they need proof of ongoing relationship, etc...

I was just wondering if they need anything in addition to all the stuff listed in guides on the website.

I don't think their child is eligible for a US passport. Their son was born in October 2012 and my friend was not a US citizen at that time. He became a US citizen just a few weeks ago...

Doesn't matter when your friend became a citizen. The child, if under age 18, became a US citizen at the same time. The procedure is exactly the same, the child needs to be registered at the US consulate in Kiev as a citizen and your friend will file a copy of his Citizenship certificate and the childs birth certificate. The child will then be eligible for a US passport. You rfirned may also file an N-600 ($600) for the child to get the child his own citizenship certificate. It is optional.

Alla's youngest son became a citizen when she did (he was under 18 at the time.) He has a US passport obtained by applying with a translated copy of his birth certificate and a copy of her citizenship certificate. We left it up to him to pau the $600 if he wants his own citizenship certificate. Your friend's son is now a naturalized US citizen, just as he is.

The same applies to any child under age 18 adopted by a US citizen.

Edited July 23, 2013 by Gary and Alla

[Penguin_ie 5,993]

OP, are you saying you have not seen your baby or fiance in 3 years?

[ademkiv 1]

Gary and Alla, thank you for a detailed reply. You are correct, my friend's son was born in Ukraine and still remains there.

Penguin_ie, they have seen each other in past 6 months...

[Gary and Alla 3,694]

Gary and Alla, thank you for a detailed reply. You are correct, my friend's son was born in Ukraine and still remains there.

Penguin_ie, they have seen each other in past 6 months...

Your friend's son is now the child of a US citizen and eligible for US citizenship. Have your friend contact the US consulate in Kiev, Ukraine for instructions.

[TKBRAVO 4]

OP, are you saying you have not seen your baby or fiance in 3 years?

Yes, I use to be an asylee and when my daughter was born I was here in the US. and never got back. I join the US navy, got my citizenship and apply for them. they waive the 2 years requirement because a couldn't go back to my country, they olso expedite my case. I apply on May the 3 rd and got approved on June 7th.

My fiancee and I were married according to our custom,but we did not have a valid or offical marriage certificate. that is why when i Petition for them I730 in 2010, only my daughter got approved after a DNA test, the embassy refuse to issue the visa to my wife, stating that I did not have a marriage certificate. So I decided to reapply for both of them K1 ans K2 since I am a US citizen now.

[Gary and Alla 3,694]

Yes, I use to be an asylee and when my daughter was born I was here in the US. and never got back. I join the US navy, got my citizenship and apply for them. they waive the 2 years requirement because a couldn't go back to my country, they olso expedite my case. I apply on May the 3 rd and got approved on June 7th.

My fiancee and I were married according to our custom,but we did not have a valid or offical marriage certificate. that is why when i Petition for them I730 in 2010, only my daughter got approved after a DNA test, the embassy refuse to issue the visa to my wife, stating that I did not have a marriage certificate. So I decided to reapply for both of them K1 ans K2 since I am a US citizen now.

Your daughter does not need a K2, she is eligible to be a citizen as you are now a citizen. She/you will need to file her citizenship with the consulate and get a US passport.

You will likely also run into a problem with the K1 as many people have. Many people have been denied an I-130 without a marriage certificate and then are denied a K1 because they are married. A marriage certficiate does not "make you married", it proves you are married.

You ARE married, your wife is not eligible for a K1 visa and they have a record that you have stated you are married. You either need to get divorced and have a divorce certificate to send with your I-129f or you need to get a marriage certificate and apply for a CR-1. This is a problem that often happens with what people think are "unofficial" traditional marriages. The US federal government recognizes them as a marriage but requires a certificate to PROVE it.

[TKBRAVO 4]

Your daughter does not need a K2, she is eligible to be a citizen as you are now a citizen. She/you will need to file her citizenship with the consulate and get a US passport.

You will likely also run into a problem with the K1 as many people have. Many people have been denied an I-130 without a marriage certificate and then are denied a K1 because they are married. A marriage certficiate does not "make you married", it proves you are married.

You ARE married, your wife is not eligible for a K1 visa and they have a record that you have stated you are married. You either need to get divorced and have a divorce certificate to send with your I-129f or you need to get a marriage certificate and apply for a CR-1. This is a problem that often happens with what people think are "unofficial" traditional marriages. The US federal government recognizes them as a marriage but requires a certificate to PROVE it.

If what you say is true, how come do they approve my I129F petition for Fiancee? they are suppose to know better than that.Before I apply for K1 visa, I call USCIS and ask them what I should do, and they recommend me the K1 visa.

I did it and they approve it here in the US. Why would they approve if they know (from expreience of previous cases) that the consulate would refuse to issue the visa?

First I apply for the I730(asyle family relative petition) not the I130 , and secondly,when they refuse the visa to my wife, they ask her to bring a valid marriage certificate.

[d3adc0d3 186]

If the child has one parent that is a US Citizen, and the two parents are not yet married, aside from needing all the necessary documents and evidence for the K1, you can file for a Consular Report of a Birth Abroad (CRBA)

Here's a quote from the Travel.state.gov page:

If you are a U.S. citizen and the parent of a child born out of the United States, you will need to document your child’s U.S. citizenship with a Consular Report of Birth Abroad.

This document is used in the United States like a certified copy of a birth certificate, and it is acceptable evidence of citizenship for obtaining a passport and entering school. Although the application forms and final documents are the same everywhere, our embassies and consulates have different procedures to get them. If you haven’t done so already, check your local post website to learn the local rules. Our Embassies and Consulates will need you to make an appointment for this service.

Source:
http://travel.state.gov/travel/living/living_5497.html