Can I file a K-1 visa if fiancé gave birth to my child

[kevinbui86 0]

Hi,

I was wondering if I can still file for a K-1 visa if my fiancé and I have a child together. Because of personal reasons, we can not go the CR-1 route. Im guessing I wouldn't need to include the child in the petition since I can just do CBR for the child. Please let me know.

Thanks

btw, this is for a friend.

[Merrytooth 5,748]

As long as they are not yet married and have met within the 2 years, the US citizen could file I-129F.

The child won't need to be included in the petition as the child is US citizen, do the CRBA

Edited March 25, 2014 by Merrytooth

[Pitaya 2,577]

Married = spouse visa

Not married = fiance(e) visa

Do CRBA for the child: http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

Good luck on your visa journey.

[pro_star 52]

Though you saying they won't marry for personal reasons...

They will need to marry and within 90 days of crossing that border once that visa is issued if they go the k1/fiancé route.

[kevinbui86 0]

Thanks a lot everyone. What I meant is that they can't get married at the time for personal reason. They will definitely get married once the fiancé is in the US

[baron555 934]

As long as they are not yet married and have met within the 2 years, the US citizen could file I-129F.

The child won't need to be included in the petition as the child is US citizen, do the CRBA

Yes to the first sentence and No to the second.

ALL children must be listed on the G325a (and/or 129f), regardless of immigration intent. It is on the DS-160 that you would list any children than you wish to receive a K-2.

And yes if you are not married, then the K-1 is the route to go......doesn't matter if you have a child or not....USCIS does not make moral / ethical / religious judgements.

Edited March 26, 2014 by baron555

[Merrytooth 5,748]

Yes to the first sentence and No to the second.

ALL children must be listed on the G325a (and/or 129f), regardless of immigration intent. It is on the DS-160 that you would list any children than you wish to receive a K-2.

And yes if you are not married, then the K-1 is the route to go......doesn't matter if you have a child or not....USCIS does not make moral / ethical / religious judgements.

The child is the bio child of a US citizen, filing CRBA and getting a US passport is the correct way.

The US consulate won't issue the child a K2.

[KayDeeCee 4,896]

The child is the bio child of a US citizen, filing CRBA and getting a US passport is the correct way.

The US consulate won't issue the child a K2.

No, they won't issue the child a K-2 at the consulate, but the child will still be listed on the I-129F petition. The petition asks for all children to be listed. It does not matter if they are a USC or not. They will just not apply for the child to receive a K-2 when the mother is applying for her K-1.

[*HappyInlove* 6]

@Jay-Kay

[kevinbui86 0]

Thanks for the replies everyone. Love this forum!