Fiance Pregnant, 129f not yet filed.

[DrEllaNJ 288]

I personally don't have experience with this but from what @NikLR wrote, I understand that you can start the K1 process now for your fiancee, and add the baby as K2 after birth. The K1 petition most likely won't be approved yet before the birth, and there are ways to drag it out a bit (eg,  not scheduling interview at the earliest possible date). 

 

In the unlikely case the petition was approved before the birth, it may drag out the process a lot more.

 

Since you say it was not consensual this is probably unnecessary, but she shouldn't put the bio father's name on the birth certificate so there won't be custody issues. 

[Bfhaynes 0]

Thank you for the information.  I had made the mistaken assumption that I needed a petition that included the K2.  It is good to know that it can be addressed in the actual visa application after processing of the petition.

 

 

[Mira1983 7]

Depending on how far gone she is, I was the beneficiary in UK and I got pregnant pending my K1 being approved however I disclosed it upon my medical in Uk and when I got to my interview and was approved with no problem and I flew into the country at seven months pregnant and also depending on the airlines and your pregnancy. I had a smooth pregnancy and at such I got a letter from my doctor to say I was fit to fly and I did with no problem and proceeded with the process as usual and our child was born in the US and is a US citizen.  But should the child be born outside the US before you come the Father can claim the baby and they will be granted citizenship as the father is American as that's something we looked into if we did not get approved on time. But of course we did not take that route, it worked out for us the smoothest possible way.

[DrEllaNJ 288]

2 minutes ago, Mira1983 said:

 But should the child be born outside the US before you come the Father can claim the baby and they will be granted citizenship as the father is American as that's something we looked into if we did not get approved on time.

That won't work in OP's case though since he's not the biological father. He can however adopt the child but probably after immigration (otherwise everyone would adopt kids left and right to make them American).

[Mira1983 7]

Oh I miss that part, I did not realized he was not the father so yes, adoption will be the way forward.  you never know you maybe approved before time is up for you to be allowed to fly.

[Mollie09 1,543]

OP, do you foresee any issues with the father not wanting the child to leave the country? It could not be so clear.

[Bfhaynes 0]

I do not believe there is any way for the biological father to complicate this.  There is a bit to this story that I am not going to elaborate on, but I am pretty certain that there would not be a problem with that.

[NikLR 13,227]

15 minutes ago, Mollie09 said:

OP, do you foresee any issues with the father not wanting the child to leave the country? It could not be so clear.

Considering the act wasn't consensual aka rape, the biological sperm donor has no rights.  You're not a father when all you did was violate someone and leave your sperm behind. 

[Bfhaynes 0]

That would be an accurate assessment.

[Andrea&Henry 311]

1 hour ago, Bfhaynes said:

That would be an accurate assessment.

As a women and a mother myself I can't imagine the trauma she is currently living. Good to know she met a good guy willing to give her and that innocent baby, a chance for a family and a better life.

[Bfhaynes 0]

It is certainly not the way we planned it, but life doesn't go according to a script.  I love her and I will love the baby just as if it was mine because it will be hers.  Just wanted to make sure what the complications this may add to the whole process

I was worried it could be a killer

 

[geowrian 22,337]

I absolutely hate asking detailed questions about this awful event, but...did she report the rape to police (or therapist)? While not doing so is not a killer by any means, COs are looking for fraud. If it's only her word that the child was conceived via rape, they could believe there is another individual who she is really in a relationship with, and is just waiting to get a green card to bring him to the US. It's absolutely awful, but this happens more often than one would imagine, so it's something they look out for.

 

Anyway, you are free to file anytime. The I-129F can be amended later to include the stepchild and then get a K-2 without having to start the whole process over or anything like that.

 

Best wishes.

[George & Roth 1,485]

My fiancé and I had a son a few years ago, I lived in Cambodia for 5 years and got my son his certificate of birth abroad and US passport without issue. The certificate has my fiancé name on it also as mother. I did not have DNA test but my son looks like me, others I heard did have DNA requirement. 

 

File K-1 whenever, I did if after he was born since I didn’t decide to move back to USA yet. Has no impact but pretty good evidence you’ve met your fiancé  

[Deanwinchester 11]

How did this end up? Any updates?

[Bfhaynes 0]

Just as an update.  We made the choice that we would wait until after the birth to start the process.  We decided among other stressful complications adding the visa process would induce too much stress.

 

The short answer is that the baby was born on 24 May and I will be filing the 129f in the next couple weeks after a trip there to spend time together and pick up some documentation. 

 

Thus no updates to the timeline yet.  Another winter apart except for monthly/bimonthly trips to be together.

 

More to come........

 

Brian