K1 with Children Big Mistake I made

[Alona_Dan 0]

I wanted to share a recent experience with our K1/K2 processing that some may not be aware of. If processing K1 with K2 for children, if the K2 is the true child of the US petitioner the visa will be denied for the child. I knew about Consular Report of Birth Abroad (CRBA) and being able to claim my son as a US citizen. I thought it would complicate the K1 Fiancee visa process if my son was already a US citizen living in the Philippines with a US Passport. I thought I would be able to process this AFTER we all arrived in the US. I was WRONG. I never really saw any warning when filling out the I-129 or other form for the children. Here's what happened to me and what you should do if you're in the same circumstance.

We arrived for our K1 interview on Jan 16th. I flew from the US to help with the medical done a week before and hoping we can all go home mid Feb. I'm very fortunate my work allows me to work from here whenever I want. We completed the whole K1 process, NOA1, NOA2, medical, fingerprinting, initial Philippine interview without any issues. The final stop, US interviewer. I first want to say that we had Cindy a very very nice blond lady behind the window. We thank God for her. At first she turned to me and said "sir, is this your son?" to which of course I said yes. She then informed me that his visa could not be processed because he is already considered a US citizen even if I did not file CRBA. Fortunately Alona's and her other son visa was able to complete process Our son, Alex was put on admin hold. She told me I had to go upstairs and start the CRBA process. This could delay us months possibly. So I hurried upstairs and went to the window, nobody waiting. I was then told I had to schedule an interview appointment..ohh no..here we go again. I was told to go to the kiosk and use the computer. I went over to the computer only to be told it was down for 3 days now!! What??? I went back to the window..sorry sir it has to filled out online. Getting slightly frustrated but trying to remain calm I went back downstairs to the visa area. Fortunately Cindy was free at the moment. I signaled to her and she allowed me to come over. I asked if there is anywhere in the US Embassy a US citizen (veteran, foreign war) could use a computer. I was told, unfortunately not and had to go across the street to a café to use a computer. Feeling hopeless I pleaded my case that I flew there in hopes of getting the family together, the computer upstairs not working etc etc. She said , hold on. She went upstairs and found a cancellation for the following day....a true angel.. So back to our hotel to reschedule flights to Cebu (home) and rebook hotel room. Due to Sinulog we had to stay in Manila the whole weekend. Back at the hotel I got on line, downloaded the checklist and all forms. Filled everything out and realized it was difficult to prepare as good as I would want with limited time and resources. We did the best we could and went back the following day. My biggest fear was we did not have the original NSO birth for our son because it was with his Visa app on hold. So nervous about that. We went to our appointment on the 2nd floor window 5 and met our 2nd angel who was very patient and understanding and help us through our questions. She even went downstairs and retrieved the Visa package with the original NSO. We then went to the US interviewer and calmly answered everything. We were approved...thank God!! We had enough pictures (only 2) prior to conception and it helped that my son looks like me (sorry babe..haha). So now the K1 with other child is already in the ready stage and our sons citizenship and visa is in route to the US. Hopefully the delay won't be too bad and we will be ready to go by end of Feb.

What to do: Get the CRBA and passport in process BEFORE the K1. The child could stay in country as a dual citizen with both Philippine and US passport. The process for CRBA is not really bad BUT the parents have to show up at the embassy for the appointment. I did not need a DNA test but it's up to the interviewers discretion. We didn't have ultrasound either but that helps and any pictures together BEFORE pregnancy and proof of parent in the country during time of conception (I had my expired visa and copies with me).

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Congrats!