Have a kid with fiance but didn't get US citizenship, want to apply for i-129f

[payxibka 10,047]

7 minutes ago, gattigcg said:

So just to be very clear, would you say n600k for my son, and k1 for my fiance, and i wait for both processes to be approved? 

Read the n600k requirements.   I think you are missing one requirement.

 

Your best path is i130.  Child will become a USC immediately upon arrival 

Edited March 21, 2021 by payxibka

[gattigcg 4]

6 minutes ago, payxibka said:

Read the n600k requirements.   I think you are missing one requirement.

 

Your best path is i130.  Child will become a USC immediately upon arrival 

You're right, I seem to be missing having physical custody of him at the moment. Thanks for the advice. 

[Mike E 11,742]

20 minutes ago, gattigcg said:

So just to be very clear, would you say n600k for my son, and k1 for my fiance, and i wait for both processes to be approved? 

edit: oops. Physical custody. 
 

i-130 it is then.  

Once your son enters the USA on an immigration visa, and he is in your physical and legal custody, he will be a US citizen.  
 

So the original high level advice: get a US passport for your son still applies.  It was a tortured path though.  

 

 

Edited March 21, 2021 by Mike E

[SteveInBostonI130 3,477]

56 minutes ago, Mike E said:

 So the original high level advice: get a US passport for your son still applies.  It was a tortured path though.  

First, son will need a PH passport.  Then I-130 (PH passport can be done during I-130 process)

 

After child arrives in the US, N600k and the US Passport for the son.

[payxibka 10,047]

23 minutes ago, SteveInBostonI130 said:

First, son will need a PH passport.  Then I-130 (PH passport can be done during I-130 process)

 

After child arrives in the US, N600k and the US Passport for the son.

N600k is not applicable here either 

[Chris and Jenn 20]

You can try to apply for CRBA if you believed that citizenship through grandparents will suffice but, you have to execute a Letter of Authorization. Affidavit /LOA that specifically authorize the representative/legal guardian (fiancé at this point) to apply for the CRBA in your absence.

 

Here's part of the actual checklist of CRBA in USEM. I applied for my daughter way back 2019 but she is a legitimate child (born after marriage)

 

* Only the child's parent(s), legal guardian, or person acting in loco parentis for the child may apply on the 
child's behalf. If a person other than a parent or the child is applying for the CRBA, the person must present 
a certified copy of legal guardianship or notarized affidavit or letter of authorization (LOA) from the 
parent(s) authorizing the person to make the application. The affidavit /LOA must specifically authorize 
the representative to apply for the CRBA. The document must be duly notarized by a U.S. commissioned 
notary or a U.S. Consular Officer. The parents must also provide photocopies of the front and back side of 
the photo I.D.s used during notarization of the affidavit /LOA.

 

Burden is fulfilling below requirements. 

* Evidence of the parents’ location at the time of conception

* Evidence of the mother’s pregnancy

* Evidence of parents’ relationship before pregnancy

* Blood relationship (biological relationship with the child applicant) 

 

They do count the dates and check the pre natal records and everything. Since your child was born out of wedlock they're most likely going to require you to do a DNA testing which you will be required to be present when they give you the dates and hospital to go to. 

 

I suggest you check the actual USEM website for the checklist and requirements and go from there. It's pretty straightforward if you met the requirements and wouldn't take that long. 

 

Hope this helps. 

 

 

Edited March 22, 2021 by Chris and Jenn

[payxibka 10,047]

52 minutes ago, Chris and Jenn said:

You can try to apply for CRBA if you believed that citizenship through grandparents will suffice but, you have to execute a Letter of Authorization. Affidavit /LOA that specifically authorize the representative/legal guardian (fiancé at this point) to apply for the CRBA in your absence.

 

Here's part of the actual checklist of CRBA in USEM. I applied for my daughter way back 2019 but she is a legitimate child (born after marriage)

 

* Only the child's parent(s), legal guardian, or person acting in loco parentis for the child may apply on the 
child's behalf. If a person other than a parent or the child is applying for the CRBA, the person must present 
a certified copy of legal guardianship or notarized affidavit or letter of authorization (LOA) from the 
parent(s) authorizing the person to make the application. The affidavit /LOA must specifically authorize 
the representative to apply for the CRBA. The document must be duly notarized by a U.S. commissioned 
notary or a U.S. Consular Officer. The parents must also provide photocopies of the front and back side of 
the photo I.D.s used during notarization of the affidavit /LOA.

 

Burden is fulfilling below requirements. 

* Evidence of the parents’ location at the time of conception

* Evidence of the mother’s pregnancy

* Evidence of parents’ relationship before pregnancy

* Blood relationship (biological relationship with the child applicant) 

 

They do count the dates and check the pre natal records and everything. Since your child was born out of wedlock they're most likely going to require you to do a DNA testing which you will be required to be present when they give you the dates and hospital to go to. 

 

I suggest you check the actual USEM website for the checklist and requirements and go from there. It's pretty straightforward if you met the requirements and wouldn't take that long. 

 

Hope this helps. 

 

 

You cannot get a CRBA using grandparents 

[Chris and Jenn 20]

8 minutes ago, payxibka said:

You cannot get a CRBA using grandparents 

Understood, that's why I mentioned if OP believes that citizenship through grandparents will suffice and can satisfy the physical presence for the CRBA, then it his own discretion to do so. That is why I suggested to go to the actual website and see the checklist and requirements for US Embassy in Manila.