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Newborn Baby/Pregnancy Options

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Hi - Brand spanking new to this and needing some advice/direction!

I am a female Australian citizen planning to move to the United States next year via the K-1 Visa process to be with my Sweetheart, who is a USC. Put simply, due to the preference for the Australian Health system, family support and the maternity benefits associated with my work here in Aussie land, we have decided that I should have the baby BEFORE moving to the U.S. We are aiming for him to be here for the birth and hopefully I could follow him to the U.S a few weeks later. We are both in our mid 30's and for obvious reasons, don't wish to delay falling pregnant.

My questions are these:

1. Would I have to wait until the baby is born until I commenced the K-1 process as the child would be fathered by a USC OR would I need to just prove paternity and use some other simpler process to take our baby back to the U.S after I had already had my part of things approved?

2. If I wanted to commence the K-1 process DURING my pregnancy, are there provisions for including an unborn child?

I have read extensively on the K-1 application process and cannot find anything on pregnancy. I really do not want to have to start the process AFTER the baby is born as it could take several months and I don't want to miss out on sharing those special moments. Surely there must be an easier way if the child is fathered by a USC?

Feedback would be much appreciated!!!

CR-1/IR-1 Journey for Self

12th April 08 - Married in Australia

21st April 08 - Mailed off I-130 but with incorrect title on cheques

30th April 08 - USCIS returned petitions requesting correct title on cheques

2nd May 08 - Mailed out I-130s again! Finally on our way!!!

9th May 08 - NOA-1

7th Nov 08 - Tranferred to CSC

4th Dec 08 - Approved!!!

22nd Dec 08 - NVC # assigned

23rd June 09 - Case Complete at NVC (We slowed down the process on purpose to time interview accordingly)

18th August 09 - Medical

25th August 09 - Interview Date - Approved!!!

19th February 10 - POE L.A (No dramas, just SLOW)

2nd March 10 - Welcome to America Letter

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Filed: K-1 Visa Country: Wales
Timeline

Is there any reason your partner can not transfer US Citizenship, the easiest way would be for the child to enter on a US passport.

If you enter pregnant then obviously there is no child and no additional issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Country: United Kingdom
Timeline

Can dad-to-be come over there for 6+ months?

That could make a lot of things a lot easier.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Is there any reason your partner can not transfer US Citizenship, the easiest way would be for the child to enter on a US passport.

If you enter pregnant then obviously there is no child and no additional issue.

CR-1/IR-1 Journey for Self

12th April 08 - Married in Australia

21st April 08 - Mailed off I-130 but with incorrect title on cheques

30th April 08 - USCIS returned petitions requesting correct title on cheques

2nd May 08 - Mailed out I-130s again! Finally on our way!!!

9th May 08 - NOA-1

7th Nov 08 - Tranferred to CSC

4th Dec 08 - Approved!!!

22nd Dec 08 - NVC # assigned

23rd June 09 - Case Complete at NVC (We slowed down the process on purpose to time interview accordingly)

18th August 09 - Medical

25th August 09 - Interview Date - Approved!!!

19th February 10 - POE L.A (No dramas, just SLOW)

2nd March 10 - Welcome to America Letter

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Thanks for the response Boiler! Excuse my ignorance but are you saying if my partner who is a USC has proof of paternity and is registered as the child's father on the baby's birth certificate here in Australia, that it is possible to apply for a US passport for the child whilst we are still in Aussie land? Do you know where I could read up on this?

Meauxna, it would ideal if he could be in Australia for 6 months but unfortunately his work commitments stand in the way of that.

Cheers.

CR-1/IR-1 Journey for Self

12th April 08 - Married in Australia

21st April 08 - Mailed off I-130 but with incorrect title on cheques

30th April 08 - USCIS returned petitions requesting correct title on cheques

2nd May 08 - Mailed out I-130s again! Finally on our way!!!

9th May 08 - NOA-1

7th Nov 08 - Tranferred to CSC

4th Dec 08 - Approved!!!

22nd Dec 08 - NVC # assigned

23rd June 09 - Case Complete at NVC (We slowed down the process on purpose to time interview accordingly)

18th August 09 - Medical

25th August 09 - Interview Date - Approved!!!

19th February 10 - POE L.A (No dramas, just SLOW)

2nd March 10 - Welcome to America Letter

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Filed: K-1 Visa Country: Philippines
Timeline

HI

Yes even if your baby is born down under, then the baby can become a USC. I think the consolate would want a parent test to prove it. I think he can just feel out paper work their and then the baby will be a USC.

I think some requirments also fall in place, I think he has to lived in the USA for 5 year or so to claim a baby to USC.

Good luck

Yogi

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Thanks for the response Boiler! Excuse my ignorance but are you saying if my partner who is a USC has proof of paternity and is registered as the child's father on the baby's birth certificate here in Australia, that it is possible to apply for a US passport for the child whilst we are still in Aussie land? Do you know where I could read up on this?

Yes, assuming one parent is a US citizen who has lived in the US for five years, at least two years of which were after the citizen's 14th birthday, then the child is automatically a US citizen from birth. A consular report of birth abroad provides proof of this US citizenship. With documentation of the US Citizenship, you can apply for a US passport.

The nearest US consulate should have info. Here's the web page from Sydney: http://sydney.usconsulate.gov/consular/birthreport.html

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Thanks for the response Boiler! Excuse my ignorance but are you saying if my partner who is a USC has proof of paternity and is registered as the child's father on the baby's birth certificate here in Australia, that it is possible to apply for a US passport for the child whilst we are still in Aussie land? Do you know where I could read up on this?

Yes, assuming one parent is a US citizen who has lived in the US for five years, at least two years of which were after the citizen's 14th birthday, then the child is automatically a US citizen from birth. A consular report of birth abroad provides proof of this US citizenship. With documentation of the US Citizenship, you can apply for a US passport.

The nearest US consulate should have info. Here's the web page from Sydney: http://sydney.usconsulate.gov/consular/birthreport.html

Thankyou for the input. I have now accessed the info I needed. :-)

CR-1/IR-1 Journey for Self

12th April 08 - Married in Australia

21st April 08 - Mailed off I-130 but with incorrect title on cheques

30th April 08 - USCIS returned petitions requesting correct title on cheques

2nd May 08 - Mailed out I-130s again! Finally on our way!!!

9th May 08 - NOA-1

7th Nov 08 - Tranferred to CSC

4th Dec 08 - Approved!!!

22nd Dec 08 - NVC # assigned

23rd June 09 - Case Complete at NVC (We slowed down the process on purpose to time interview accordingly)

18th August 09 - Medical

25th August 09 - Interview Date - Approved!!!

19th February 10 - POE L.A (No dramas, just SLOW)

2nd March 10 - Welcome to America Letter

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Share on other sites

Thanks for the response Boiler! Excuse my ignorance but are you saying if my partner who is a USC has proof of paternity and is registered as the child's father on the baby's birth certificate here in Australia, that it is possible to apply for a US passport for the child whilst we are still in Aussie land? Do you know where I could read up on this?

Yes, assuming one parent is a US citizen who has lived in the US for five years, at least two years of which were after the citizen's 14th birthday, then the child is automatically a US citizen from birth. A consular report of birth abroad provides proof of this US citizenship. With documentation of the US Citizenship, you can apply for a US passport.

The nearest US consulate should have info. Here's the web page from Sydney: http://sydney.usconsulate.gov/consular/birthreport.html

Thankyou for the input. I have now accessed the info I needed. :-)

I'm pregnant and we started the K1 process after we found out I was pregnant....So far, everything's been fine....Planning to go to the US at 32 weeks pregnant and have the baby there.

Naturalization

Son's N-400 Timeline

08/14/2020 - Sent N-400 and I-912 waiver to TX lockbox

09/18/2020 - NOA via text

06/05/2021 - Notification of biometrics scheduled

09/17/2021 - Interview - decision cannot be made

11/24/2021 - Denial letter, 30 days to appeal

12/24/2021 - Appeal sent back with I-912 waiver

12/24/2021 - Motion to terminate deportation proceedings from 2013 filed

 

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