K1 / pregnant, HELP! All Konfused :)

[subarusrus 1]

My fiancé is currently in her home country and is 4 months pregnant with my child. Starting K1 visa process, and am confused as to best approach, can someone here HELP / give advice?

Circumstances:

- I am a US citizen;

- fiancé has 2 more years left on her B1 tourist visa and can enter US;

- it is a hardship for me to travel to her home country, I would like to stay in USA if possible;

- i129 has not been filed yet.

 

Questions:

- What is the best way to proceed:

• go after K1, give birth to child in foreign country? If so, do I need to travel there to register child as US citizen at embassy or can I do it remotely somehow while we wait for K1 to be approved?
• have her come over on her B1, have child in USA and marry later in the year?
• other options?

- What are the pros and cons to each option below?

- Any other advice for an efficient process to follow that will take care of child's citizenship and legal marriage?

 

Many thanks in advance to everyone who responds!

[Alabamak1 688]

22 minutes ago, subarusrus said:

My fiancé is currently in her home country and is 4 months pregnant with my child. Starting K1 visa process, and am confused as to best approach, can someone here HELP / give advice?

Circumstances:

- I am a US citizen;

- fiancé has 2 more years left on her B1 tourist visa and can enter US;

- it is a hardship for me to travel to her home country, I would like to stay in USA if possible;

- i129 has not been filed yet.

 

Questions:

- What is the best way to proceed:

• go after K1, give birth to child in foreign country? If so, do I need to travel there to register child as US citizen at embassy or can I do it remotely somehow while we wait for K1 to be approved?
• have her come over on her B1, have child in USA and marry later in the year?
• other options?

- What are the pros and cons to each option below?

- Any other advice for an efficient process to follow that will take care of child's citizenship and legal marriage?

 

Many thanks in advance to everyone who responds!

2 options are either K-1 or spousal visa. Both take time to get your fiance here. Try not to get her here on a B-2 because she will have problems adjusting later. The kid is a US citizen by birth, no matter where it is born if you are the father. You get a CBRA i think its called for the kid. There are several threads on similar situations if you look for them. Good luck. 

[Crazy Cat 42,619]

She can not enter the US via the B2 visa with the intent to stay and adjust status.  That is visa fraud.  Therefore you have 2 choices:  K-1 or CR-1.  Her pregnancy is not grounds to expedite. 

[subarusrus 1]

Understood. Going for visa fraud sounds so much simpler though haha Consequences are far not worth it.

 

What about registration of child with US consulate/embassy? I understand it is best done near immediately after birth... Will I have to travel to her home country to do the CBRA? 

 

Many thanks again!

[subarusrus 1]

Quote

 

Found the info on CBRA. You guys rock! Thanks!

[FernandLevi 36]

Congratulations on the baby!

[FamousJerry 47]

If at all possible have the baby in usa!!!! i just went though having our daughter in Thailand, and well after $1,000 in DNA test and yes you can not be in the country to register it but it goes faster and much less paperwork. They look down on you if you are not married yet and have a baby. We are on a K1 visa and our daughter was born on March 5th this year, we had several trips to the consulate and finally she said "she looks to asian to be yours" so they forced a DNA test on us and that was $1,000 and the process has to be followed to the letter and its a pain in the butt.

 

If at all i would highly recommend having the baby in USA. We got our certificate and passport approved today and will get it in 3-4 weeks. All in all it was a month long process ( yes i know not that long compared to waiting for a k1, but the k1 was honestly easier and less hassle ) If we have another child we plan on having it in the USA no matter if we are currently living in my fiancees home country or not.

 

Hope this helps some how.

[geowrian 22,338]

Just as an FYI, if she is visibly pregnant then the CBP officer may be skeptical of both 1) her non-immigrant intentions, and 2) that she has prepared necessary accommodations to give birth in the US and can pay for the medical care on her own out of pocket. (assurances from anybody else are not considered because they cannot be enforced).

 

It's perfectly legal to travel to the US on a tourist visa to give birth, but one must have a plan to give birth and show the means to pay for that birth (usually negotiated with the provider beforehand). Otherwise they may be denied entry.

[JFH 12,191]

Your options for getting her here, and the time it will take, are no different than if she were not pregnant. The sooner you file, the sooner she will be here. Yoir lifestyle choices or poor planning (whichever is the reason for the pregnancy) have no impact on the legal procedures. 

[George & Roth 1,485]

Separately, my son was born in Cambodia and I lived there and took care of his US citizenship at the US embassy in Cambodia. 

 

You get the local birth certificate and go get him/her the Certificate of Birth Abroad. Painless process in terms of the requirements by the US embassy. (Not really relevant, but Cambodia officials tried to make me pay a bribe for my sons Cambodia birth certificate)

[JFH 12,191]

Veiled suggestion that the OP's fiancé should commit fraud has been reported. OP, do NOT follow this advice. Entering the country with the plan to adjust status is not lawful. 

[Penguin_ie 5,997]

**** One post advocating visa fraud which could lead to  a lifetime ban and replies quoting same removed. ******

[FluffyBalls 52]

• Quote

  have her come over on her B1, have child in USA and marry later in the year?

  Even if you do end up going down this route, how will you pay? You're looking at $10-20k cash, and a hell of a lot more if a complication arises during the birth.

[kris&me 572]

 

she would have to travel soon as the airlines restrict travel in  last trimester (depends on the airline itself as to when they refuse travel)

they also are starting to require dr physical and dr permission to travel

that being said,  even if she could come,  you need to get medical insurance and from what i have been reading on here,  insruance companies ( even to add to yours at work ) require the SS number / i will stand corrected if there is a company that will accept without the SS number that a VJ member is aware of

 

also read the many posts on here for what people have gone thru after K1 or traveling on tourist visa and getthing married and AOS to get that SS number/  not easy

Congratulations on the baby and $1000 to do DNA is still cheaper than birthing in the US with no insurance

[payxibka 10,047]

9 minutes ago, kris&me said:

 

she would have to travel soon as the airlines restrict travel in  last trimester (depends on the airline itself as to when they refuse travel)

they also are starting to require dr physical and dr permission to travel

that being said,  even if she could come,  you need to get medical insurance and from what i have been reading on here,  insruance companies ( even to add to yours at work ) require the SS number / i will stand corrected if there is a company that will accept without the SS number that a VJ member is aware of

 

also read the many posts on here for what people have gone thru after K1 or traveling on tourist visa and getthing married and AOS to get that SS number/  not easy

Congratulations on the baby and $1000 to do DNA is still cheaper than birthing in the US with no insurance

SSN is NOT required for health insurance...  It is a confusion based on the new requirements.  They are only required to collect the SSN if a the person has an SSN