Question about new baby during K-1 process

[euphoriccanineluv 4]

Hello,

 

I am in the process of applying for a K-1 visa for my fiancee.  I recently received NOA2 and we are waiting on the transition to the NVC.

 

My fiancee was pregnant when I filed the application, and didn't know it.  She just gave birth.  I know for a fact that the baby is not biologically mine; that is not something that matters to me and I intend to proceed.

I have used a university-associated agency to help me with the process, who was the preparer of my I-129F.  They have told me they encountered a situation like this once before and that this did not delay the process much --- if at all --- and in this case the baby was already born when the application occurred.  Essentially, editing the I-129F form or resubmitting it was not necessary, and the interview was not delayed, and it was successful, even in adding the child.

 

They basically said that the new baby can be added as a derivative during the NVC process in my circumstances.  I don't know precisely what that means but I can infer.

 

Does that ring true?  Are there any steps I can take to minimize disruptions to the process?

[Pinkrlion 2,715]

3 hours ago, euphoriccanineluv said:

Hello,

 

I am in the process of applying for a K-1 visa for my fiancee.  I recently received NOA2 and we are waiting on the transition to the NVC.

 

My fiancee was pregnant when I filed the application, and didn't know it.  She just gave birth.  I know for a fact that the baby is not biologically mine; that is not something that matters to me and I intend to proceed.

I have used a university-associated agency to help me with the process, who was the preparer of my I-129F.  They have told me they encountered a situation like this once before and that this did not delay the process much --- if at all --- and in this case the baby was already born when the application occurred.  Essentially, editing the I-129F form or resubmitting it was not necessary, and the interview was not delayed, and it was successful, even in adding the child.

 

They basically said that the new baby can be added as a derivative during the NVC process in my circumstances.  I don't know precisely what that means but I can infer.

 

Does that ring true?  Are there any steps I can take to minimize disruptions to the process?

For starters the biological father has to give permission for child to leave the country. Also will need custody agreement from courts saying mom has full custody. That has to be addressed before you can address child’s immigration. 

[Redro 4,611]

Will the child be registered under the biological father's name, as "father unknown" or do you intend for the child to be registered under your name?

 

For the child to be added as a derivative: your fiancee will have to register the child as "father unknown" or indicate the child's name. 

Depending on the country, she will need to get permission from the father showing he is allowing the child to move to the US. 

The Philippines is one country that does not have that rule: no permission required if parents are not married. 

Child will then receive a K2 visa after interview and will be able to move to the US with your partner. 

 

Question: Did the agency you're working with have the "easy" experience with the same consulate or a different consulate?

Which consulate will your fiance be interviewing at?

[euphoriccanineluv 4]

*sighs* --- in relation to the first comment that was posted --- the world is not made in the image of Western countries.  We are dealing with a country where custody orders would be exceedingly rare and most people tend to practice according to custom, rather than modernized law, because almost nobody is motivated to actually go through any type of court process, and the cultural custom is that for married parents, fathers are assumed to have 100% custody rights, and for unmarried parents, mothers keep their children, and there basically are next to zero child support cases.

Put simply, and without going into unnecessary personal details, there's good reason to know the biological father just isn't going to be in the picture.

 

So I would appreciate if comments only focused on the immigration issue going forward, with people who have direct experience with the immigration process in situations like these.

 

 

Redro --- thank you for your response.  To answer your last question first, this is a country where the case will be handled by an embassy that almost never has K-1 cases, so there are almost no cases to go on, which I know may not be extremely helpful, but I always approach everything with honesty, and I intended to go to the interview personally to do whatever I can, unless the embassy just says they vastly prefer against that.

 

It is so rare for a K-1 visa to occur in this country that the official stats show that there is only one in process, which I assume is mine, so for privacy concerns I would rather PM you, if that's okay.  Let me know if that's okay with you.

On your first question, the birth certificate isn't fully processed yet.  I'm not totally sure what she will do about indicating the father but she's very likely to give the child my last name.  The problem is that the passport application for this country asks about parentage, and we aren't super clear how that works for a "father unknown" situation --- we have good reason to think that putting that would be inadequate.  But, on the U.S. side, we obviously can't claim the child is a USC, so we aren't sure what to do.

[appleblossom 2,446]

21 minutes ago, euphoriccanineluv said:

*sighs* --- in relation to the first comment that was posted --- the world is not made in the image of Western countries.  We are dealing with a country where custody orders would be exceedingly rare and most people tend to practice according to custom, rather than modernized law, because almost nobody is motivated to actually go through any type of court process, and the cultural custom is that for married parents, fathers are assumed to have 100% custody rights, and for unmarried parents, mothers keep their children, and there basically are next to zero child support cases.

Put simply, and without going into unnecessary personal details, there's good reason to know the biological father just isn't going to be in the picture.

 

So I would appreciate if comments only focused on the immigration issue going forward, with people who have direct experience with the immigration process in situations like these.

 

 

Not sure why the 'sighs' was needed to somebody that was just trying to help and give you a heads up on what will be required. That is directly related to the immigration process, what happens in the country you're applying is isn't relevant to US immigration law. If USCIS requires a custody order and/or permission from the father to remove the child from the country, then that will be required no matter what the customs of the home country are. 

Edited February 7 by appleblossom

[euphoriccanineluv 4]

@appleblossom I read the comment a little bit differently than you did.

 

At the very least, in my view, it was non-specific in relation to actual immigration law.  For example it didn't state at what step, or by whom, it would be required, for example.

Edited February 7 by euphoriccanineluv

[milimelo 4,475]

For starters, don't try to claim child as your own as that will not end well. So she shouldn't list your last name on BC. Get the father unknown BC and then K-2. 

 

She'll have to figure out the passport for the child - hire a local lawyer knowledgeable in these things - I'm sure the lawyer can research the local laws for parentage and passport issues. 

[euphoriccanineluv 4]

Thanks @milimelo The problem is that currently my understanding is that there is just literally no way to get a passport with the father unknown in this country --- even for adults.  We will keep pursuing that issue.

[Redro 4,611]

2 hours ago, euphoriccanineluv said:

Thanks @milimelo The problem is that currently my understanding is that there is just literally no way to get a passport with the father unknown in this country --- even for adults.  We will keep pursuing that issue.

You can PM me if you wish. 

Getting the passport is the most important thing. No passport- no ability to move to the U.S… 
1. Don’t list the child as yours or give the child your last name. 
2. If the parents are not married AND the mother has full custody rights- list the biological father in the BC. If he wont be involved with the child at all then there is no harm in naming him on the BC. You can research adoption of the child once you move to the US and then the child can assume your name. 
3. If you list the child as yours or give the child your last name- the consulate might DENY the child a K2 visa and request you go through CRBA. As the child was born out of wedlock they might or might not request a DNA test. 
 

Good luck! It should be a simple enough process as long as you can register the child and get them a passport. 
 

[mam521 2,058]

3 hours ago, euphoriccanineluv said:

We are dealing with a country where custody orders would be exceedingly rare and most people tend to practice according to custom, rather than modernized law, because almost nobody is motivated to actually go through any type of court process, and the cultural custom is that for married parents, fathers are assumed to have 100% custody rights, and for unmarried parents, mothers keep their children, and there basically are next to zero child support cases.

The unfortunate reality for you is that the US does take parental rights seriously and works to head off cases of parental abduction.  Even in Western countries, parents who can actually co-parent effectively face challenges if they don't want to involve the courts.  I am one of these people.  

 

3 hours ago, euphoriccanineluv said:

I would appreciate if comments only focused on the immigration issue going forward, with people who have direct experience with the immigration process in situations like these.

The immigration process requires parental permission.  I have 2 children that I immigrated with.  I had 2 options: provide a court order labeling me as the custodial parent or get permission from their to immigrate.  Luckily, their father is supportive, so he provided a barrister notarized permission letter in addition to our informal parenting agreement that was surrendered to the Consulate during our interviews.  

 

You should fill out your timeline which will help others provide more accurate answers: https://www.visajourney.com/timeline/profile.php?id=447133

[Beth & Achraf 328]

Most important, not to put your name on birth certificate, cause if a paternity test is done which is not unheard of at embassy level, and results show you're not the father,  you will have bigger issues, and most likely a denial will be issued on the visas.

 

You should consult a US immigration attorney, these agencies such as you named, mainly lick the envelope and send the paperwork.  Doubt they will assist you on this matter with a child involved that is not even yours.

[euphoriccanineluv 4]

@mam521 Thank you for thoughtful, considered response.

 

I don't view what you said as unfortunate --- I view it as a good thing.  I wanted someone to respond with carefully considered thought, and you did so, so I am grateful for that.

 

There are details I know that are simply too personal or sensitive to post here.  First, the reality of the legal system in the country I am speaking of is ... there is corruption.  That is not unique in the world, I know.  There is also information which leads me to believe that a custody case would actually be pretty easy to win, even in those circumstances.  The problem is --- could it be done in six months?  Well, perhaps, since it is likely that the opposing party would be unable to keep things going that long for a child they didn't really want to begin with.

 

With all that being said, my fiancee has said that she doesn't want to deny the right of the father to be involved in parenthood if he wants.  I told her that in that case ... there is only one option ... to contact him and talk to him about it.

 

With all that said --- I was admittedly irritated at some of the comments is because I saw them as missing the point of my question, and not meaningfully answering what I asked.  I wasn't asking about parental concerns.  I was basically asking if not including a child on the initial I-129F was really "not a big problem" like the agency stated.  The child, obviously, wasn't born when I filed the application --- so the I-129F was accurate.  I needed to know the procedures for trying to sponsor a second person when I was already so close to the finish line for the first.  I needed to make sure there was no need to edit the I-129F, that that wouldn't start the timeline all over again, that I didn't need to do something like have the NVC send the I-129F back --- in other words I was concerned with paperwork / procedural issues and that the light of the end of the tunnel I saw that I had worked so hard for wasn't fading all of a sudden.  The sum total of all the comments does give me the information that I need --- that there is no need to be alarmist over that type of thing.

 

----

 

The agency that is helping is directly associated with a major public university, which I happen to currently be a student of (working on my second master's while working full time).  They are generally helpful, including in this circumstance, but they had only encountered a situation like this once.  Overall, they are reliable, helpful, and generally successful.

[Redro 4,611]

@euphoriccanineluv the agency is correct. There is no issue with adding a K2 to the process if the child was born after the I129F was filed. This has happened with several members on the forum. 
Generally though, the petitioner is the father and CRBA is filed so the child obtains a US passport and is not issued the K2 visa. 
In cases where the child cannot obtain a US passport the child is added to the DS160 application as a derivative. 
Unfortunately? US immigration is so slow so USCIS and the embassies are familiar with new borns being added to the process at NVC/ embassy stage. 
People are just telling you about potential issues you will face adding a child who is not yours- this is something people do even if the initial I129F or I130 is not on file yet. 

Edited February 7 by Redro

[Pinkrlion 2,715]

12 hours ago, euphoriccanineluv said:

*sighs* --- in relation to the first comment that was posted --- the world is not made in the image of Western countries.  We are dealing with a country where custody orders would be exceedingly rare and most people tend to practice according to custom, rather than modernized law, because almost nobody is motivated to actually go through any type of court process, and the cultural custom is that for married parents, fathers are assumed to have 100% custody rights, and for unmarried parents, mothers keep their children, and there basically are next to zero child support cases.

Put simply, and without going into unnecessary personal details, there's good reason to know the biological father just isn't going to be in the picture.

 

So I would appreciate if comments only focused on the immigration issue going forward, with people who have direct experience with the immigration process in situations like these.

 

 

Redro --- thank you for your response.  To answer your last question first, this is a country where the case will be handled by an embassy that almost never has K-1 cases, so there are almost no cases to go on, which I know may not be extremely helpful, but I always approach everything with honesty, and I intended to go to the interview personally to do whatever I can, unless the embassy just says they vastly prefer against that.

 

It is so rare for a K-1 visa to occur in this country that the official stats show that there is only one in process, which I assume is mine, so for privacy concerns I would rather PM you, if that's okay.  Let me know if that's okay with you.

On your first question, the birth certificate isn't fully processed yet.  I'm not totally sure what she will do about indicating the father but she's very likely to give the child my last name.  The problem is that the passport application for this country asks about parentage, and we aren't super clear how that works for a "father unknown" situation --- we have good reason to think that putting that would be inadequate.  But, on the U.S. side, we obviously can't claim the child is a USC, so we aren't sure what to do.

Regardless of what you believe about modern laws, when it comes to immigration, if you do not adhere to the requirements of child immigration they will not be issued a visa. 

[happyscrub 32]

This is going to be an interesting VISA interview. You could be denied if all of this is revealed. On the surface, it looks like more of charity to get an immigration benefit than a bonafide relationship