K-1/K2 visa and reporting birth abroad process

[bebekins 1]

I am in a position where I don't quite know which path to take. I have already filed for the k-1 visa and received my NOA1. The beneficiary's child is also my own.. although born in another country (chile). I emailed the embassy and they keep referring me to 'report the birth of a child abroad'. The k-1 visa process is currently being reviewed and doing its thing.. I have marked down the child's name on the k-1 and my question becomes what do I do? If i report the birth abroad will that interrupt the k-1 visa process? The embassy keeps referring me to reporting the birth abroad but I just want to know if it will affect the k-1 visa in any way.. or create problems? Thanks for viewing my post.

[Boiler 45,486]

Is the child a USC?

[bebekins 1]

Sorry for leaving out some information.. I am a USC.. the beneficiary is from Chile.. our daughter was born in Chile and so far that's all.

[Boiler 45,486]

Can you pass on US Citizenship or does she need a K2.

[baron555 934]

I am in a position where I don't quite know which path to take. I have already filed for the k-1 visa and received my NOA1. The beneficiary's child is also my own.. although born in another country (chile). I emailed the embassy and they keep referring me to 'report the birth of a child abroad'. The k-1 visa process is currently being reviewed and doing its thing.. I have marked down the child's name on the k-1 and my question becomes what do I do? If i report the birth abroad will that interrupt the k-1 visa process? The embassy keeps referring me to reporting the birth abroad but I just want to know if it will affect the k-1 visa in any way.. or create problems? Thanks for viewing my post.

The child qualifies for a US Passport since you are one of it's parents......that's what the Embassy is trying to say.

Go here: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

[tine71 12]

Your Daughter is an American Citizen since you are an American, I guess you should go to the American Embassy in Chile and let them know about your daughters was born there, they will give her a US passport but I am not sure how long will take

[bebekins 1]

Based on this email I received from the embassy, it seems like I can pass it on. This is what the embassy told me so I contacted the American Citizen Services and explained my situation and they just keep referring me to the process of reporting her birth abroad. I am just curious how it would work since I already sent out the K-1 visa. Would they conflict with each other?


"There is no problem that you mentioned her in the form. It was only lack of information. You need to contact the American citizen services and explain you are a U.S. citizen and have a daughter in Chile and you would like to process her report of birth abroad and her passport. They will contact you with some questions and instructions."

EDIT: You guys are so fast.. my slow fingers!! I guess the only question is how it will affect the K-1 visa since its currently being processed. What should I do?

Edited October 14, 2014 by bebekins

[Boiler 45,486]

Not all USC's can pass on Citizenship there is a presence requirement.

[bebekins 1]

Thanks for all the responses. I just want to make sure that the K-1 visa and reporting birth abroad wouldn't affect each other or am I totally wrong and they are both required? As for more information, I am in Chile currently under a travel visa.

[jan22 3,053]

It will not affect the K-1 application at all. However, your child cannot qualify for a K-2 visa (assuming you transmit US citizenship, i.e., were physically present in the US for at least five years prior to her birth, two of which were after you turned 14). By law, US citizens must enter and leave the US on US passports. So, you should apply for a Consular Report of Birth Abroad while you're in Chili (although your fiancée can still do it if you aren't there -- it's just easier if you are) and, assuming your child is a US citizen, a US passport. Then all you have to worry about is the K-1 process!

[valverdeveslings 10]

Like the others are saying, this won't affect your K1 at all because your child is a USC (once you officially make him/her one, which is what the Embassy is asking you to do) and you won't need to do a K2 because the child will come with their US passport, not a visa.

[XXXYYYZZZ 20]

CRBA has nothing to do with the K-1. It will actually strengthen your case.

You or fiancée needs to complete the CRBA process at the consulate in Chile. Research CRBA on the local consulate web site. Once you have the needed documentation it all takes about 2 weeks. The consulate sends the childs CRBA cert and US passport to your local address in Chile about 2 weeks after the interview. The childs Social Security card gets sent to your address in the US 2-3 months later. The CRBA is actually pretty easy compared to the immigration process.

The reason the consulate keeps pushing you to the CRBA is because your child is probably qualifies for USC and not K-2. If your finance goes to interview without a CRBA odds are she will end up in AP until the CRBA is in hand.

[baron555 934]

The reason the consulate keeps pushing you to the CRBA is because your child is probably qualifies for USC and not K-2. If your finance goes to interview without a CRBA odds are she will end up in AP until the CRBA is in hand.

And we've seen that in cases where the CRBA is not quickly possible, then the child is given a K-2 and you complete everything once they are here.

[bebekins 1]

Wonderful information everyone I appreciate the well written responses and willingness to help. You have made my life much better, thanks!