We have a baby and not married yet which is easier and fastest way: k-1 or k-3?

[franzmaputi 0]

Hi! I live in the Philippines and met the love of my life here. We didn't meet online whatsoever. We met personally here. After almost a year, I found out I'm pregnant! And baby is due this first week of July! We are so happy and excited. However, there's been an issue we have been trying to answer for the last couple of months. We can't wait to get married. However we do not know if we should file for fiancé or spousal visa. The family of my fiancé is very excited to meet me and my baby especially that my fiancé is the only son. So before we make another move, we want to make sure this will make it easier for us to visit the US. Should we get married first and file a spousal visa for me and child visa for our baby or we should not get married yet so we can file for a fiancé visa but what about our baby? Pls help us. We are confuse.

[TBoneTX 45,309]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is weighing visa paths. ***

[Teripid 5]

Hi franzmaputi,

The K-1 Visa is typically faster (check recent timelines but ~7 months) but it would be potentially difficult for your family to attend unless they can show ties to PHI.
The CR-1 Visa takes longer (~12-13ish months give or take) and requires that you are married before you file which can file.

Either way there are procedural steps needed and requirements like CENOMAR, NBI clearance the the like. Check out some of the guides available (specifically Hank's K-1 guide). Based on your situation the K-1 is likely to be your fastest and overall easiest method to be together in the US.

The child won't need to be added as you can get a passport and confirm citizenship with the embassy after birth. There may be other requirements or potentially a paternity test etc but I'll let someone who has done that answer that specific but either way the kid doesn't need to be part of the visa process but will need that step done before you come over for sure.

Good luck and congrats on being buntis and the kid!

[awaywego 28]

It sounds like both have you have been living in the Philippines for a while. If so, you are probably eligible to file DCF for the CR-1. (I can't give you details about how exactly this works in PI, since every consulate is different, but there are plenty of posters on the DCF board who could help you out.) This would be a faster processing time, and you would not need to worry about the AOS period once you enter the US.

[franzmaputi 0]

Thank u so much for the replies! I never thought someone would actually reply. So really appreciate ur response! So just what my fiancé thought, the K1 is faster but wil I be able to bring my baby with me? I'm worried I filed for fiancé and what about our baby.

And yes my fiancé lived here with me for almost a year. May 2013 to April 2014. Wil that qualify for a DCF?

Again, thank u so much for the reponses.

[memai81 0]

Your fiance lives with for almost a year, then you are qualify for DCF for CR1 visa as long as he still here all the way through the process. You can join this group on FB and all members will guide you accordingly. https://www.facebook.com/groups/asawaworld/

goodluck

[Hank_ 9,174]

Hi! I live in the Philippines and met the love of my life here. We didn't meet online whatsoever. We met personally here. After almost a year, I found out I'm pregnant! And baby is due this first week of July! We are so happy and excited. However, there's been an issue we have been trying to answer for the last couple of months. We can't wait to get married. However we do not know if we should file for fiancé or spousal visa. The family of my fiancé is very excited to meet me and my baby especially that my fiancé is the only son. So before we make another move, we want to make sure this will make it easier for us to visit the US. Should we get married first and file a spousal visa for me and child visa for our baby or we should not get married yet so we can file for a fiancé visa but what about our baby? Pls help us. We are confuse.

1st and foremost, the child is a U.S. citizen once born and does not get a visa... gets a U.S. passport, after you complete CRBA.

Is your fiance still living in the Phils with you? If so get married and do a DCF for a spousal visa... that is the absolute, quickest way.

If your fiance is not living in the Phils currently the K-1 visa will be the quickest as it can be filed immediately whereas the IR/CR-1 couldn't be started until after he flew there, handled the marriage license requirements (normally 30 days), got married, got certified copies of your marriage certificate from the local registrar... then started the I-130 petition. This will get your into the USA the quickest.

[franzmaputi 0]

Thank u so much Hanks. I will keep this in mind. Once our baby is born and we are not married yet, should he bring his fathers family name or mine? Coz usually in the Philippines if I'm not mistaken, if ur not married, the kid wil have his mothers family name.

[Leatherneck 693]

You have the option to give your child the father's family name -- if the father signs the birth certificate.

[apple21 953]

Thank u so much Hanks. I will keep this in mind. Once our baby is born and we are not married yet, should he bring his fathers family name or mine? Coz usually in the Philippines if I'm not mistaken, if ur not married, the kid wil have his mothers family name.

Nowadays, an illegitimate baby can use their father's name as long as dad signs and acknowledges the child on the birth certificate.

If you get married before the child is born, well and good. If you marry after the child is born, you might want to file Legitimation at the Local Civil Registry so the child will be recognized as a legitimate child on his NSO BC.

Edited May 30, 2014 by apple21

[franzmaputi 0]

Your fiance lives with for almost a year, then you are qualify for DCF for CR1 visa as long as he still here all the way through the process. You can join this group on FB and all members will guide you accordingly. https://www.facebook.com/groups/asawaworld/

goodluck

He's only been here in the Phils less than a year and went back to the US and then he just arrived again today! Would we qualify for a DCF?

[memai81 0]

As long as he stayed for 6 months here in the Philippines, you are qualified for DCF.

[Leatherneck 693]

He's only been here in the Phils less than a year and went back to the US and then he just arrived again today! Would we qualify for a DCF?

In addition to residing there for 6 months as the major requirement -- you need evidence to support the claim of permanent residency.

Many items can be used to show such, even simple items

• rental/lease agreements
• gym memberships
• school records
• bank account(s)
• I-card

[franzmaputi 0]

<p> In addition to residing there for 6 months as the major requirement -- you need evidence to support the claim of permanent residency. Many items can be used to show such, even simple items

• rental/lease agreements
• gym memberships
• school records
• bank account(s)
• I-card

Hi. Yes we all have those. However his visa when he came here last year was only tourist visa. Would that make a whole lot of difference? He will stay here for the next 5 months. And on that spun of time it would be perfect for us to process the DCF.

[Leatherneck 693]

It makes no difference what type of visa he was granted upon entering the country. He must also prove his intent to Domicile in the U.S.