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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello all,

I have filed for the K1 Fiance VISA for my Filipino Fiance. I was there working for 5 months on business and we met and the rest is history. To make a long story short my Fiance was 2 months pregnant when I returned to the USA. When I filled out the application it asked for "Children" but it never did specify "Is your Fiance pregnant" hence I left this section as "None".

With that being said the due date for our child is August 2nd, 2007. I just received the receipt for my application today on Jan 22, 2007. They are stating on the website that my application has been sent to the California Service Center and is pending. The website is also stating that they are currently processing applications from July 17, 2006. I expect that our child will be born before the VISA process is finished.

Can you please advise what steps to take? Should I notify the US Immigration that my Fiance is pregnant? Will this adversely effect our ability to get her VISA approved? If her VISA is approved can she bring the newborn with her to the states or will we have to file another application?

Please advise as this seems serious! :D

Thanks for any help or insight you can offer!

Filed: Citizen (apr) Country: Russia
Timeline
Posted
Hello all,

I have filed for the K1 Fiance VISA for my Filipino Fiance. I was there working for 5 months on business and we met and the rest is history. To make a long story short my Fiance was 2 months pregnant when I returned to the USA. When I filled out the application it asked for "Children" but it never did specify "Is your Fiance pregnant" hence I left this section as "None".

With that being said the due date for our child is August 2nd, 2007. I just received the receipt for my application today on Jan 22, 2007. They are stating on the website that my application has been sent to the California Service Center and is pending. The website is also stating that they are currently processing applications from July 17, 2006. I expect that our child will be born before the VISA process is finished.

Can you please advise what steps to take? Should I notify the US Immigration that my Fiance is pregnant? Will this adversely effect our ability to get her VISA approved? If her VISA is approved can she bring the newborn with her to the states or will we have to file another application?

Please advise as this seems serious! :D

hat is aninteresting question and I don't have the answer for you. However, since your K1 has already been fildi would think she would recieve her visa well before the birth

Thanks for any help or insight you can offer!

filed 129 with vermont 4/19/06

first notice 5/3/06?

IMRA RFE 6/19/06

snail mail RFE 6/22/06

returned 6/22/06

email they recieved 6/26/06

second RFE email 7/11/06

recieved 7/22

returned 7/24

touched 7/25

APProved 10/02/06

NVC sent to Moscow 10/17/06

package from Embassy 11/17/06

interview 01/11/07

approved visa 01/11/07

arrived 02/7/07

married 04/13/07

filed AOS 05/13/07

biometrics 06/06/07

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Hello all,

I have filed for the K1 Fiance VISA for my Filipino Fiance. I was there working for 5 months on business and we met and the rest is history. To make a long story short my Fiance was 2 months pregnant when I returned to the USA. When I filled out the application it asked for "Children" but it never did specify "Is your Fiance pregnant" hence I left this section as "None".

With that being said the due date for our child is August 2nd, 2007. I just received the receipt for my application today on Jan 22, 2007. They are stating on the website that my application has been sent to the California Service Center and is pending. The website is also stating that they are currently processing applications from July 17, 2006. I expect that our child will be born before the VISA process is finished.

Can you please advise what steps to take? Should I notify the US Immigration that my Fiance is pregnant? Will this adversely effect our ability to get her VISA approved? If her VISA is approved can she bring the newborn with her to the states or will we have to file another application?

Please advise as this seems serious! :D

Thanks for any help or insight you can offer!

First, ignore the processing date on the USCIS web site as it's usually way off and useless for anything except making you mad.

By the dates you gave I think it's likely that your child will be born shortly before the interview. The child will be a US citizen because you are a US citizen, but you will probably have to make another trip over there to register the child with the US Embassy. I believe the baby will able to travel on your passport and no separate VISA is required for the baby. Your fiancee's K1 VISA will probably be unaffected but she might be asked about the child.

In case you are about to ask if you can get an earlier interview because of the pregnancy, the answer is probably NO, unless there is some other medical reason to make it urgent. Just having a bun in the oven won't do it. :lol:

You're not the first, or the last to have this happen ... ;)

Filed: K-1 Visa Country: Philippines
Timeline
Posted
First, ignore the processing date on the USCIS web site as it's usually way off and useless for anything except making you mad.

By the dates you gave I think it's likely that your child will be born shortly before the interview. The child will be a US citizen because you are a US citizen, but you will probably have to make another trip over there to register the child with the US Embassy. I believe the baby will able to travel on your passport and no separate VISA is required for the baby. Your fiancee's K1 VISA will probably be unaffected but she might be asked about the child.

In case you are about to ask if you can get an earlier interview because of the pregnancy, the answer is probably NO, unless there is some other medical reason to make it urgent. Just having a bun in the oven won't do it. :lol:

You're not the first, or the last to have this happen ... ;)

Well that is better news than I expected. Thanks a lot for the helpful insight!

Filed: Country: Canada
Timeline
Posted

Hi

you'll also need a passport for the baby. My daughter was born in California (2 days before I was to fly back to Toronto for her birth scheduled nearly a month later) so she is an American Citizen with an American Birth Certificate. I'm not sure how hard getting the passport without an american Birth Certificate or how hard it is to get a passport in your fiancee's country, but as of Jan. 23 all infants require one with a picture----which is amusing because my daughter will look different in a month as we are scheduled to fly to US for 30 days.

Either way, double check the requirements for passports and which one is easier/faster to get

Best of luck

Angel

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Hi

you'll also need a passport for the baby. My daughter was born in California (2 days before I was to fly back to Toronto for her birth scheduled nearly a month later) so she is an American Citizen with an American Birth Certificate. I'm not sure how hard getting the passport without an american Birth Certificate or how hard it is to get a passport in your fiancee's country, but as of Jan. 23 all infants require one with a picture----which is amusing because my daughter will look different in a month as we are scheduled to fly to US for 30 days.

Either way, double check the requirements for passports and which one is easier/faster to get

Best of luck

Angel

Well it only took about 1 week to get my fiance's Filipino passport. Here is a point I am confused on. Regarding the baby since it is born in the Philippines (I think it will be) then it would have dual citizenship? So then it could fly to the USA on a filipino passport? Or will I need to obtain an american passport? This is a MUCH more time consuming and expensive prospect and not convenient since the child will be in the philippines!

Posted

here is link to info from US Embassy in Manila. http://usembassy.state.gov/manila/wwwha003.html

US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

  • 2 months later...
Filed: AOS (pnd) Country: Philippines
Timeline
Posted
Hi

you'll also need a passport for the baby. My daughter was born in California (2 days before I was to fly back to Toronto for her birth scheduled nearly a month later) so she is an American Citizen with an American Birth Certificate. I'm not sure how hard getting the passport without an american Birth Certificate or how hard it is to get a passport in your fiancee's country, but as of Jan. 23 all infants require one with a picture----which is amusing because my daughter will look different in a month as we are scheduled to fly to US for 30 days.

Either way, double check the requirements for passports and which one is easier/faster to get

Best of luck

Angel

Well it only took about 1 week to get my fiance's Filipino passport. Here is a point I am confused on. Regarding the baby since it is born in the Philippines (I think it will be) then it would have dual citizenship? So then it could fly to the USA on a filipino passport? Or will I need to obtain an american passport? This is a MUCH more time consuming and expensive prospect and not convenient since the child will be in the philippines!

The baby will have a USA Passport, once the CRBA is issued AFTER the baby is born. Call ACS at the USE. You will find them much more helpful than the Visa sections.

Filed: Country: United Kingdom
Timeline
Posted
Should I notify the US Immigration that my Fiance is pregnant? Will this adversely effect our ability to get her VISA approved?

It's important that you do in fact notify the USCIS of the pregnancy because by the time your fiancee is interviewed, she will either be very clearly pregnant (and pregnancy will have an impact on the medical of course) or she'll have had the child. In either event, if there is no clear indication from you, the petitioner, that you are aware of the pregnancy and wish the case to proceed, the embassy will return the case to the USCIS for administrative review, which at the very least will require them to write to you to tell you there is a pregnancy and ask if you wish to proceed. In some cases it would result in revocation of the I-129F approval. If you have already notified the USCIS of your knowledge of it and you wish to proceed, there would be no need for review and no risk of revocation.

Write to the USCIS, quoting the reference number on the receipt you have received from them, and enclosing a copy of the receipt for reference, stating that you are writing to let them know that your fiancee is pregnant with your child, and you wish the case to continue, and be expedited if possible. They won't expedite the case, but asking is a clear statement of your wish and intent to proceed. In due course, write another note along the same lines, but addressed to the Consulate so that your fiancee so she can include it in paperwork submitted to the them when the time comes, so it is also clear to them that you have knowledge of the pregnancy (or child if it has been born by then) and wish the case to proceed.

Filed: AOS (pnd) Country: Philippines
Timeline
Posted
Hello all,

I have filed for the K1 Fiance VISA for my Filipino Fiance. I was there working for 5 months on business and we met and the rest is history. To make a long story short my Fiance was 2 months pregnant when I returned to the USA. When I filled out the application it asked for "Children" but it never did specify "Is your Fiance pregnant" hence I left this section as "None".

With that being said the due date for our child is August 2nd, 2007. I just received the receipt for my application today on Jan 22, 2007. They are stating on the website that my application has been sent to the California Service Center and is pending. The website is also stating that they are currently processing applications from July 17, 2006. I expect that our child will be born before the VISA process is finished.

Can you please advise what steps to take? Should I notify the US Immigration that my Fiance is pregnant? Will this adversely effect our ability to get her VISA approved? If her VISA is approved can she bring the newborn with her to the states or will we have to file another application?

Please advise as this seems serious! :D

Walang Problema - Just file a CRBA with the ACS at the USE. After your interview and your acknowledgment of your paternity, the baby will be issued a US passport. Just read our timeline and watch out for typhoons.

Thanks for any help or insight you can offer!

First, ignore the processing date on the USCIS web site as it's usually way off and useless for anything except making you mad.

By the dates you gave I think it's likely that your child will be born shortly before the interview. The child will be a US citizen because you are a US citizen, but you will probably have to make another trip over there to register the child with the US Embassy. I believe the baby will able to travel on your passport and no separate VISA is required for the baby. Your fiancee's K1 VISA will probably be unaffected but she might be asked about the child.

In case you are about to ask if you can get an earlier interview because of the pregnancy, the answer is probably NO, unless there is some other medical reason to make it urgent. Just having a bun in the oven won't do it. :lol:

You're not the first, or the last to have this happen ... ;)

Filed: AOS (pnd) Country: Philippines
Timeline
Posted
Hello all,

I have filed for the K1 Fiance VISA for my Filipino Fiance. I was there working for 5 months on business and we met and the rest is history. To make a long story short my Fiance was 2 months pregnant when I returned to the USA. When I filled out the application it asked for "Children" but it never did specify "Is your Fiance pregnant" hence I left this section as "None".

With that being said the due date for our child is August 2nd, 2007. I just received the receipt for my application today on Jan 22, 2007. They are stating on the website that my application has been sent to the California Service Center and is pending. The website is also stating that they are currently processing applications from July 17, 2006. I expect that our child will be born before the VISA process is finished.

Can you please advise what steps to take? Should I notify the US Immigration that my Fiance is pregnant? Will this adversely effect our ability to get her VISA approved? If her VISA is approved can she bring the newborn with her to the states or will we have to file another application?

Please advise as this seems serious! :D

We had our child with us at her K1 POE(LAX). The USCIS officer asked my finacee if she had any children. I explained to him that the baby wasnt born when the I129f was filed, so he added our baby's name to the I129f on the spot. We went through the CRBA process via the ACS at the USE, so our baby had her own US passport anyway, so it wasnt that critical that our baby was listed on the I129f - it just helps keep the record straight. I would keep a copy of your notification of the pregnancy to the USE.

Thanks for any help or insight you can offer!

Posted

What's with all the replying to ancient threads?! :blink:

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

  • 1 month later...
Filed: Timeline
Posted
What's with all the replying to ancient threads?! :blink:

These antiquities still come up on google searches, so I just want to close the loop and maybe even help out someone who faces a similar situation.

There's no need to refresh every thread that comes up in searches.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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