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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello all,

I have posted a few message regarding this in the past but now I have more facts. Maybe you all can help me with this as I am concerned and my Filipina Fiancee is outright freaking out.

FACTS:

Fiancee estimated pregnancy date: Late November 2006.

Fiancee estimated delivery date: Late July 2007 > Beginning August 2007 (Original due date set as Aug 2, Revised to July 24 by OB/GYN after Multiple Ultrasounds)

Interview date at US Embassy, Manila, Philippines: July 17 2007, scheduled per packet recieved by fiancee.

Visa applied for: K-1 Fiancee VISA

Baby girl (unborn) was not included on the original petition per the questions I asked in this forum back in January. Embassy/USCIS/NVC/any other organization has not been informed of pregnancy since all indicators seemed to point to "If the child is not born, the child does not exist." That is from this forum, as well as the mouth of the filipina girl at the US Embassy when I went in person to ask that very question (see if there was anything I could do to avoid later disaster)

MISC Complications: Fiancee has a 5 year old son who was listed on original petition submitted by me. Son will not be coming with Fiancee initially (speaks no english plus need to prepare US situation and get fiancee comfortable here before having a new baby + 5 year old non-english speaking son).. Newborn baby girl will be coming with. Son will be following in the next couple of years.. (Fiancee has 11 bro/sis. Son will be well taken care of)

QUESTIONS:

We have concluded child will be born in the Philippines. No doctor or airline is going to let her fly when she is this pregnant.

Since we are not married and I am male I am thinking that I will need to file for derivitive citizenship (us citizenship) for the baby girl.

1. Can the babygirl fly without a passport to the USA on my fiancee's filipino passport/k1-visa as a filipina child even though it was not originally included on the petition/application/etc?

2. Can I file for derivitive citizenship for the baby from the USA or must the baby remain out of the country during this process?

3. How can she still get the VISA approved without getting the X-RAYs or VACCINATIONS at St. Lukes? They will not do these things from what I have read on the forum if the girl is pregnant.

4. Is the consulate going to give her a hard time about this or will it complicate her getting the VISA approved? (I.E. are we going to have to restart this whole process? If that is the case I believe my parents may have a coronary and I will surely be furious) Is there a way I can invoke the LIFE act to combat any resistance from the goverments b.s. in this matter.

5. If she ends up delivering on the or around the day of her scheduled VISA interview, what is do we do to not screw up this whole process? How can we continue with a rescheduled interview in case this happens? I do not want to get shoved to the bottom of the pile. This process is already ridiculous. The fact that it takes this long is a fine example of why government doesn't work and all of this should be privatized. (I work in insurance and we can process 40,000 claims a day. It takes the governement 6mo to 1year to process one application. give me a break there is absoloutely no excuse for these delays.)

5. Is there anything I am missing here? The goal is to have the baby (before or after the interview, who knows they are scheduled so close together), get the VISA, and fly to USA with new born.

6. Any other advice you can offer is greatly appreciated!

We are scared, my whole family is. Please help!! Thanks!

Met 07/12/06

Pregnant 11/25/06

Left Philippines 12/27/06

Filed 01/23/07

NOA1 02/18/07

NOA2 04/20/07

Received Interview Date 05/25/07

Interview scheduled 07/17/07

Filed: Citizen (apr) Country: China
Timeline
Posted

If the un-born child has at least one parent that is a US citizen, then the child when born (if before the visa interview) can be claimed as a US citizen, the birth needs to be registered at the embassy and an American passport can be issued.

SEE: http://manila.usembassy.gov/wwwha003.html

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Yes you can apply for a US passport for your daughter once the birth is registered with the US consulate in the Phillipines.

AOS

Filled : 2007-09-17

NOA : 2007-09-25

Biometrics : 2007-12-13

EAD card prod : 2007-12-13

Job Offer : 2007-12-18

EAD card prod : 2007-12-18

EAD approved mailed : 2007-12-21

EAD in Hand : 2007-12-24 (Awesome Christmas Present)

Applied for SSN : 2007-12-26

SSN arrives in mail : 2008-01-05 (Happy New Year)

Start work :2008-01-15

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes, you're fiancee won't be allowed to fly if she's more than 8 months on the time of her scheduled flight. But you can always come here when she gives birth and acknowledge that you're the father of the child and then register her at the US Embassy as a USC and will be issued a US passport. Then she will be able to fly with her mom without any problems. I got a friend who did this last year, and it took longer to have the mom's paperworks done ;)

Posted
MISC Complications: Fiancee has a 5 year old son who was listed on original petition submitted by me. Son will not be coming with Fiancee initially (speaks no english plus need to prepare US situation and get fiancee comfortable here before having a new baby + 5 year old non-english speaking son).. Newborn baby girl will be coming with. Son will be following in the next couple of years.. (Fiancee has 11 bro/sis. Son will be well taken care of)

children can usually easily adapt to a new situation, probably more so than us adults. My wife and I were also considering having her daughter follow to join. After much consideration decided the most important thing was being together as a family. I know everyone's circumstances are different. I wish you well in whatever you decide to do.

US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

Filed: K-1 Visa Country: Philippines
Timeline
Posted
MISC Complications: Fiancee has a 5 year old son who was listed on original petition submitted by me. Son will not be coming with Fiancee initially (speaks no english plus need to prepare US situation and get fiancee comfortable here before having a new baby + 5 year old non-english speaking son).. Newborn baby girl will be coming with. Son will be following in the next couple of years.. (Fiancee has 11 bro/sis. Son will be well taken care of)

children can usually easily adapt to a new situation, probably more so than us adults. My wife and I were also considering having her daughter follow to join. After much consideration decided the most important thing was being together as a family. I know everyone's circumstances are different. I wish you well in whatever you decide to do.

So they can issue a US passport at the embassy in manila? I am a little unclear. The child will most likely be born after the interview or right before. Regardless of that what about the medical exam? She will have that while she is still pregnant. How is this going to effect the interview and or timely issuance of a visa? I think my thread got moved for whatever reason but there are several questions I listed originally that I am still very unclear on :(

Thanks for everyones help in regards to the child though!

Posted

We recently had a VJ member that was put on AR and required to get a DNA test to prove paternity. I think it's on the old Manila thread if I remember right. The child had been born by the time of interview. The VJ member is Gobdogman if I remember right maybe you can look him up since he has experience with this. I'm not saying you are headed for AR so try not to freak out. These things are in the hands of each individual CO.

All that is necessary for the triumph of evil is that good men do nothing.

DEAN AND SHERYL

Posted
MISC Complications: Fiancee has a 5 year old son who was listed on original petition submitted by me. Son will not be coming with Fiancee initially (speaks no english plus need to prepare US situation and get fiancee comfortable here before having a new baby + 5 year old non-english speaking son).. Newborn baby girl will be coming with. Son will be following in the next couple of years.. (Fiancee has 11 bro/sis. Son will be well taken care of)

children can usually easily adapt to a new situation, probably more so than us adults. My wife and I were also considering having her daughter follow to join. After much consideration decided the most important thing was being together as a family. I know everyone's circumstances are different. I wish you well in whatever you decide to do.

So they can issue a US passport at the embassy in manila? I am a little unclear. The child will most likely be born after the interview or right before. Regardless of that what about the medical exam? She will have that while she is still pregnant. How is this going to effect the interview and or timely issuance of a visa? I think my thread got moved for whatever reason but there are several questions I listed originally that I am still very unclear on :(

Thanks for everyones help in regards to the child though!

Yes, embassies and consulates abroad can issue passports. I'm not really sure about the complexities of having a medical exam while pregnant. The consulate may require another medical again after the child is born, or they may just require the medical to be completed before applying for AOS.

keTiiDCjGVo

Posted
MISC Complications: Fiancee has a 5 year old son who was listed on original petition submitted by me. Son will not be coming with Fiancee initially (speaks no english plus need to prepare US situation and get fiancee comfortable here before having a new baby + 5 year old non-english speaking son).. Newborn baby girl will be coming with. Son will be following in the next couple of years.. (Fiancee has 11 bro/sis. Son will be well taken care of)

children can usually easily adapt to a new situation, probably more so than us adults. My wife and I were also considering having her daughter follow to join. After much consideration decided the most important thing was being together as a family. I know everyone's circumstances are different. I wish you well in whatever you decide to do.

I agree that you should keep the family together, and bring her 5yr old son with! You may think that the language thing is hard, but children pick it up very very quickly. By the time he's done with kindergarten, he'll speak it very well. I talk from experience, because when I was little, I entered school with zeroooo english, by first grade I caught up with all the kids :)

Don't wait a couple years, it will only make it much harder to adjust to new language, new country. It will be better if he does it along with his mom. I think you also are thinking leaving him behind for your own personal benefit. Sorry for drawing conclusions, this is just what I feel. Its cuter to be with mom & YOUR baby. But you knew about him, and should welcome him into your home too. I'm not that familiar with the conditions in Phillipines, but from what I read, they are worse than in the US. So no matter what, he'd have better care and be with his mom. Don't separate the family please!

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  • 2 weeks later...
Posted (edited)

I understand this is somewhat a late post but I hope this answers some of your questions.

You can obtain a US passport for your daughter. The US Embassy will require the following information.

(1) An official record of the childs foreign birth;

(2) Evidence of the parent(s) U.S. citizenship (e.g., a certified birth certificate, current U.S.

Passport, or Certificate of Naturalization or Citizenship);

(3) Evidence of the parents marriage, if applicable; and

(4) Affidavits of parent(s) residence and physical presence in the United States.

They also asked us for ultrasound and OB/GYN records, my passport to verify dates that I was in the country (baby was conceived by me). A US Passport photo taken of our 2 week old daughter and foot print taken at USE.

After this was completed we were issued (within 2 weeks) a US Passport for my daughter and a Consular Report of Birth Abroad. We then had to register with Philippines Bureau of Immigration, and paid a fine when my daughter departed the Philippines as USC. Documentation will state that you need to register your child with Philippine BI.

Edited by Sky_Cruiser

11/13/2006 - Filing Date.

11/20/2006 - NOA date for I-485.

02/01/2007 - I-485 Biometrics Appt Date.

03/15/2007 - Interview Date.

04/04/2007 - (Info Pass) Pending - name check.

05/xx/2007 - Phone Call to NSC - name check returned.

06/04/2007 - (CRIS) Notice mailed welcoming new permanent resident.

06/04/2007 - (USCIS) Welcome to USA letter received 10 Year PRC K-1 & k-2.

06/05/2007 - (USCIS) Card production ordered.

06/11/2007 - (USCIS) 10 Year PRC received K-1 & k-2.

03/11/2010 - File for Citizenship

04/02/2012 - N-400 mailed via carrier

09/21/2012 - Oath Los Angeles - United State Citizen

AOS approved (start to finish) 7 months.

AOS approved 2 months and 20 days after AOS Interview (was in FBI name check).

Posted

The doctor at the medical won't require her to have an x-ray.

Neither will she need to have the MMR until after the baby is born.

As for flying, if Continental flies to the Phillipines, they let you fly until the due date.

If she has the baby right before the interview, the only thing I guess you could do is call them.

It might be worth contacting the Embassy now to advise them she might possibly miss the interview so they have some sort of forwwarning.

Even though you have not asked for comments on her son following to join, I would DEFINITELY advise she brings him with her.

My son is 6, I can't see the problem with coping with a newborn and a five year old.

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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