Fiance Pregnant, 129f not yet filed.

[Bfhaynes 0]

Hi, new poster here.

My fiance is pregnant.  I am just preparing the 129f.  Does anyone know if this will cause a denial or what are my avenues that I can follow?  Dp\on't want to wait for baby to be born to apply but don't know if it will be possible.

 

Any information would be appreciated.

 

Brian

[ThomasNC1988 762]

I don't mean for this to sound rude, but is it your baby. I just ask because if it isn't that might be a so called "red flag"

Edited November 2, 2017 by ThomasNC1988

[AussieTam 48]

The process  takes approximately  6 months or more . Most airlines will not let you fly after 32 weeks. How far along is she ? My daughter immigrated while pregnant  but was not pregnant  when we applied for k visas. The pregnancy  itself didn't  interfere  with the immigration . You could apply still and possibly  get a k2 for the baby when it is born, the k1 visa has a six month expiry and currently  takes around 6 plus months to get. It is a long stressful  process , more stressful  when pregnant . 

[NikLR 13,227]

doesnt need a k2 for a USC baby.  needs a CRBA.

[Bfhaynes 0]

The question was not rude, it was a good question.  The fact is that the baby is not mine.  The conception was not consensual and it doesn't change my feelings one bit.  She is just over 2 months pregnant so the birth will almost certainly happen in Ukraine given current processing times.  I have read another post here that inferred that what I need to do is write a letter to the Embassy to tell them that I am aware of the pregnancy and still love her and want to go ahead with the marriage.  I am concerned with what happens when she gives birth in Ukraine, How does the baby come with her to the US, assuming they approve the K1?  Worst case to me being birth before the Interview, what do I do then?

[JFH 12,190]

If it's not your child then you will need a K-2 for the baby. 

[Bfhaynes 0]

Does that mean that I have to wait for the baby to be born and then wait 7 months again or is a K2 a faster processing time?

[N-o-l-a 7,167]

1 hour ago, JFH said:

Just had a thought....I'm wondering if it would make more sense to be married before the baby is born. A baby born in wedlock would be your legal child, if not your biological child. 

 

The assumption is that the child of the marriage belongs to the marriage, but the US embassy might still require a DNA test for the CRBA.  I wouldn't count on the child getting a CRBA - as was brought up recently with a lesbian couple, both on the birth certificate.  Embassy required a CR2.  There have been some other cases too.  I would even think that falsely representing the child as biological, when it is in fact not, would create more issues.

Edited November 3, 2017 by N-o-l-a

[Bfhaynes 0]

There is no way I would even unintentionally try to falsely represent the baby as mine biologically.  I will be completely honest in this and so will Karina.  Just looking for what hurdles I need to jump and what roadblocks I have to negotiate.

[Bfhaynes 0]

So, if she has the baby in Ukraine, I knew the baby would qualify for the K2, I just wasn't sure if there is a long waiting period or is that an abbreviated process?

[NikLR 13,227]

13 hours ago, Bfhaynes said:

Hi, new poster here.

My fiance is pregnant.  I am just preparing the 129f.  Does anyone know if this will cause a denial or what are my avenues that I can follow?  Dp\on't want to wait for baby to be born to apply but don't know if it will be possible.

 

Any information would be appreciated.

 

Brian

You can start the process now and apply for a K2 for the baby after he or she is born as the child will not qualify for a CRBA.  Once in the USA you may have to adopt the baby as well if born out of wedlock. 

[jan22 3,056]

1 hour ago, Bfhaynes said:

So, if she has the baby in Ukraine, I knew the baby would qualify for the K2, I just wasn't sure if there is a long waiting period or is that an abbreviated process?

If born before she gets her visa (which it will be, since she's already 2 months along), the K-2 can be processed at the same time, on the same petition.

[Ontarkie 14,227]

~~Posts derailing the OP's question removed. Stay on track and what applies to the OP.~~

[Bfhaynes 0]

Maybe I am a little slow, but if I start a visa petition now, I am not sure how you would include an unborn child onto petition. 

 

Perhaps you are suggesting waiting until the baby is born to start the petition.  I didn't want to wait that long. 

 

Perhaps there is a way to modify an ongoing process to add the K2, if so, I am unaware or have not read about it.

[jan22 3,056]

26 minutes ago, Bfhaynes said:

Maybe I am a little slow, but if I start a visa petition now, I am not sure how you would include an unborn child onto petition. 

 

Perhaps you are suggesting waiting until the baby is born to start the petition.  I didn't want to wait that long. 

 

Perhaps there is a way to modify an ongoing process to add the K2, if so, I am unaware or have not read about it.

You don't include an unborn child, of course.  By the time you get to the visa application stage, however, there will be a child that can be included when you fill in the paperwork for the actual visa.  The birth certificate will prove birth after petition filing.  If the petition is actually approved too quickly (which isn't too likely), you can delay the visa portion until after the baby is born or she can get her visa and explain that she will need to apply for a K-2 soon -- as long as she can do so during the time her K-1 is valid ( 6 months from the date of her vIsa medical exam).  The Embassy will tell her what to do then if she asks.  Personally, I would delay the paperwork until after the baby is born...it's easier and you don't have to worry about her visa expiring before the baby can travel.

 

In other words, you can file the I-129 whenever you're ready and not worry right now.

Edited November 3, 2017 by jan22