K1- Fiancee - She is pregnant

[OmarHdez 0]

Hi, I need help to clear my mind.

I'm US citizen born abroad and I have lived all the time in DR, I just moved to US 6 months ago. I submitted the papers for a K-1 fiancee visa. I'm still waiting for the approval but now my fiancee is pregnant and I think that she is going to have her baby in DR. I was thinking that my son could get his citizenship through me but after researching I think that I don't qualify for the request of The certificate of birth abroad. So, what can I do?

[Ian H. 207]

If your child isn't eligible for citizenship, you would be able to add him to your wife's petition. I don't think you can add him while the application is at USCIS, you can call and find out, but once approved you may be able to add him during the visa process.

You can either contact the NVC to see if they could add your child on the case at that point or you can do it during the interview. Your petition should be approved by the time your wife gives birth. If your wife gives birth after she gets her visa, she would still be able to get a visa for your child.

You guys would have to contact the embassy and find out what steps to take. It should just be the same documentation as any other K2 applicant.

All of the above is only if your child doesn't get citizenship from you, because if he does then all you would need is to get him his US passport.

[KayDeeCee 4,893]

Hi, I need help to clear my mind.

I'm US citizen born abroad and I have lived all the time in DR, I just moved to US 6 months ago. I submitted the papers for a K-1 fiancee visa. I'm still waiting for the approval but now my fiancee is pregnant and I think that she is going to have her baby in DR. I was thinking that my son could get his citizenship through me but after researching I think that I don't qualify for the request of The certificate of birth abroad. So, what can I do?

Do you not meet the requirement about presence in the US for at least 5 years? You need to apply for the CRBA. If it is denied, then you can use the K-2 visa to get them to the US. http://santodomingo.usembassy.gov/crba_main-e.html

This thread has really good information about getting a child to the US and getting them their citizenship documentation when being denied the CRBA> http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

This thread also has helpful information > http://www.visajourney.com/forums/topic/357998-k2-child-of-petitioner/

~ Moved from K-1 Process to CRBA ~

[jan22 3,049]

Do you not meet the requirement about presence in the US for at least 5 years? You need to apply for the CRBA. If it is denied, then you can use the K-2 visa to get them to the US. http://santodomingo.usembassy.gov/crba_main-e.html

This thread has really good information about getting a child to the US and getting them their citizenship documentation when being denied the CRBA> http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

This thread also has helpful information > http://www.visajourney.com/forums/topic/357998-k2-child-of-petitioner/

~ Moved from K-1 Process to CRBA ~

Sorry, but this is bad advice. the OP said he was born abroad (so he, himself, has a CRBA) and only moved to the US 6 months ago. Clearly, it would be impossible to meet the requirements to transmit US citizenship to the baby. Assuming the K-1 visa allows for derivatives, so the baby would be able to get a K-2 visa. Nothing can be done, however, until the baby is born.

[Ian H. 207]

Fortunately, he will be able to get a K2 for the baby. The I-129F mentions derivative status for the child in the case the child isn't eligible for USC. Of course, the baby would be eligible for USC once the AOS is approved. I believe the child shouldn't be subject to the ROC because he is his child so I assume he would be able to just apply for the passport.

[Ian H. 207]

The actual law for the Child Citizenship Act says nothing about conditional residents. It just says the child must be an LPR and maintaining that status, it says nothing whatsoever about conditional status. Therefore, your child should be able to apply for a US passport once the AOS is approved. It looks like he doesn't have to file for ROC. Your then wife would have to apply for ROC and become a USC after the 3 year requirements are met however.

http://www.gpo.gov/fdsys/pkg/PLAW-106publ395/pdf/PLAW-106publ395.pdf

[KayDeeCee 4,893]

Sorry, but this is bad advice. the OP said he was born abroad (so he, himself, has a CRBA) and only moved to the US 6 months ago. Clearly, it would be impossible to meet the requirements to transmit US citizenship to the baby. Assuming the K-1 visa allows for derivatives, so the baby would be able to get a K-2 visa. Nothing can be done, however, until the baby is born.

No, he doesn't qualify. I apologize if I gave bad advice. Never want to do that. It is my understanding that a consulate will not issue a K-2 to a child that has claim to US citizenship, so that was the point of getting the CRBA denial, so the K-2 could then be issued. This was something being discussed in both of the threads I posted above. But you are probably right and he can just skip trying to get the CRBA, save money and only worry about it if the CO has an issue with the citizenship of the child. And yes, none of this happens until the child is born.

OP> How about contacting your consulate at SDOAmericans@state.gov to inquire about perhaps getting a non-citizenship letter for your child because you do not meet the physical presence requirements? I have seen that mentioned on other US Embassy websites, so perhaps the one in the DR does the same, or something similar. At least they could tell you exactly what you need to do to get the K-2 visa issued for your child.

[Ian H. 207]

It's true that he may need the letter of denial in order to get the K2. It should be easy to get because the consul will deny the crba as soon as he realizes he doesn't meet the 5 year physical presence req. You can try finding out before the child is born of what steps to take so that you're prepared.

[OmarHdez 0]

Thanks for the information... In the case that I had to apply for a K2, how long would it take to get the approval?

[MAXX1 8]

Thanks for the information... In the case that I had to apply for a K2, how long would it take to get the approval?

My friend's Fiance gave birth after K-1 petition was filed. At the US Embassy in Cambodia on July 30,2014 she was told to get $800.00 worth of DNA testing on the mother, father and child!!

[Ian H. 207]

You already submitted your fiances petition so you would be able to add your child to the case when her case gets approved. If her visa is issued by the time she gives birth and hasn't traveled to the US, you can still get the K2 visa at the embassy. It should be pretty straightforward.

Thanks for the information... In the case that I had to apply for a K2, how long would it take to get the approval?

[Ian H. 207]

I think they only do that when the consul has doubts about the relationship to the child because there are plenty of people who have children with a pending petition and they don't get tested. Also if the documentation isn't in order (ie late birth cert) that can also trigger a dna test.

My friend's Fiance gave birth after K-1 petition was filed. At the US Embassy in Cambodia on July 30,2014 she was told to get $800.00 worth of DNA testing on the mother, father and child!!

Edited August 3, 2014 by Ian H.