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K1/K2 visa when fiancee pregnant

K1/K2 visa when fiancee pregnant

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Old Nov 11th 2003, 11:12 am
  #1  
Lostboy99
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Posts: n/a
Default K1/K2 visa when fiancee pregnant

My fiancee is a Colombian national. We are expecting our child in May.
She just returned to Colombia last week after having been here awhile
on her tourist visa. Originally, before we found out she was pregnant,
we were going to petition for a K1 visa for her. However, now she is
going to stay in Colombia until the birth of our child.

If I went ahead and applied for a K1 visa for her now (through the
Texas Service Center), the child will be born by the time she receives
it. The child would then (presumably) need his/her own K2 visa, and I
imagine by the time that is issued, six months will have probably
passed since the issuance of my fiancee's K1 visa and it will have
expired.

Is the best route here to wait until the birth of the child and apply
simultaneously for the K1 and K2 visas? I will also be going down
there during her pregnancy and there is a possibility, if not
probability, we will get married. In that case, we would be filing for
a K3 for her. Would the child still need a K2 then?

I just want her and the baby to be able to enter the U.S. as early as
possible after the baby's birth. Any advice as to other possible
routes here would be greatly appreciated.
 
Old Nov 12th 2003, 5:14 am
  #2  
Ingo Pakleppa - See Web Site For Email
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Posts: n/a
Default Re: K1/K2 visa when fiancee pregnant

There are special rules for newborn children; they can be added to the
mother's fiance visa. It may not matter, though: most likely, the child
will be a US citizen from birth (as long as the father is a US citizen and
legally acknowledges that fact).

If you are getting married, the child would need a K-4 instead of a K-2 -
again, unless the child is a US citizen. However, if you get married, you
may have yet another option. I heard - please confirm this before making
any plans - that you can file a petition for an immigrant visa right at
the US consulate in Colombia (not all consulates accept that, but
apparently, Colombia does) and may be able to bring your wife and child to
the US with an immigrant visa rather than just a fiance visa.

On Tue, 11 Nov 2003 04:12:53 -0800, LostBoy99 wrote:

    > My fiancee is a Colombian national. We are expecting our child in May.
    > She just returned to Colombia last week after having been here awhile on
    > her tourist visa. Originally, before we found out she was pregnant, we
    > were going to petition for a K1 visa for her. However, now she is going
    > to stay in Colombia until the birth of our child.
    >
    > If I went ahead and applied for a K1 visa for her now (through the Texas
    > Service Center), the child will be born by the time she receives it.
    > The child would then (presumably) need his/her own K2 visa, and I
    > imagine by the time that is issued, six months will have probably passed
    > since the issuance of my fiancee's K1 visa and it will have expired.
    >
    > Is the best route here to wait until the birth of the child and apply
    > simultaneously for the K1 and K2 visas? I will also be going down there
    > during her pregnancy and there is a possibility, if not probability, we
    > will get married. In that case, we would be filing for a K3 for her.
    > Would the child still need a K2 then?
    >
    > I just want her and the baby to be able to enter the U.S. as early as
    > possible after the baby's birth. Any advice as to other possible routes
    > here would be greatly appreciated.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Nov 12th 2003, 11:38 am
  #3  
Lostboy99
Guest
 
Posts: n/a
Default Re: K1/K2 visa when fiancee pregnant

Thank you, Ingo. Yes, I meant a K4 instead of a K2. I had not known,
though, that the child would be automatically considered a U.S.
citizen if I simply acknowledged the fact. I'm not sure whom I'd
acknowledge the fact to -- the U.S. Embassy in Bogotá?

The embassy in Bogotá apparently no longer accepts petitions,
according to its website: "Until recently, the Immigrant Visa Unit
accepted petitions for spouses and children under the age of 21 from
non-resident U.S. citizens. However, due to the overwhelming volume of
petition filings, effective July 1, 2003, the Embassy will no longer
be able to accept petitions for immediate family members (spouses &
children under 21) from U.S. citizens who are not residents of
Colombia." (http://usembassy.state.gov/colombia/wwwsc148.shtml)

I suppose that leaves me with only the K4/K2 option. I'm very
interested in the possibility that our child would not need a visa as
a U.S. citizen since my understanding is that otherwise I would have
to put him/her on the I-129F petition filed with the Chicago Service
Center, and of course could not do so until the child's birth. (I
would think I could go ahead and file the I-130 form right after
marriage since the child apparently doesn't need to be mentioned on
it, although I could be wrong.)


Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    > There are special rules for newborn children; they can be added to the
    > mother's fiance visa. It may not matter, though: most likely, the child
    > will be a US citizen from birth (as long as the father is a US citizen and
    > legally acknowledges that fact).
    >
    > If you are getting married, the child would need a K-4 instead of a K-2 -
    > again, unless the child is a US citizen. However, if you get married, you
    > may have yet another option. I heard - please confirm this before making
    > any plans - that you can file a petition for an immigrant visa right at
    > the US consulate in Colombia (not all consulates accept that, but
    > apparently, Colombia does) and may be able to bring your wife and child to
    > the US with an immigrant visa rather than just a fiance visa.
    >
    > On Tue, 11 Nov 2003 04:12:53 -0800, LostBoy99 wrote:
    >
    > > My fiancee is a Colombian national. We are expecting our child in May.
    > > She just returned to Colombia last week after having been here awhile on
    > > her tourist visa. Originally, before we found out she was pregnant, we
    > > were going to petition for a K1 visa for her. However, now she is going
    > > to stay in Colombia until the birth of our child.
    > >
    > > If I went ahead and applied for a K1 visa for her now (through the Texas
    > > Service Center), the child will be born by the time she receives it.
    > > The child would then (presumably) need his/her own K2 visa, and I
    > > imagine by the time that is issued, six months will have probably passed
    > > since the issuance of my fiancee's K1 visa and it will have expired.
    > >
    > > Is the best route here to wait until the birth of the child and apply
    > > simultaneously for the K1 and K2 visas? I will also be going down there
    > > during her pregnancy and there is a possibility, if not probability, we
    > > will get married. In that case, we would be filing for a K3 for her.
    > > Would the child still need a K2 then?
    > >
    > > I just want her and the baby to be able to enter the U.S. as early as
    > > possible after the baby's birth. Any advice as to other possible routes
    > > here would be greatly appreciated.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
 
Old Nov 12th 2003, 6:31 pm
  #4  
 
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Default Re: K1/K2 visa when fiancee pregnant

Originally posted by Lostboy99
Thank you, Ingo. Yes, I meant a K4 instead of a K2. I had not known,
though, that the child would be automatically considered a U.S.
citizen if I simply acknowledged the fact. I'm not sure whom I'd
acknowledge the fact to -- the U.S. Embassy in Bogotá?

The embassy in Bogotá apparently no longer accepts petitions,
according to its website: "Until recently, the Immigrant Visa Unit
accepted petitions for spouses and children under the age of 21 from
non-resident U.S. citizens. However, due to the overwhelming volume of
petition filings, effective July 1, 2003, the Embassy will no longer
be able to accept petitions for immediate family members (spouses &
children under 21) from U.S. citizens who are not residents of
Colombia." (http://usembassy.state.gov/colombia/wwwsc148.shtml)

I suppose that leaves me with only the K4/K2 option. I'm very
interested in the possibility that our child would not need a visa as
a U.S. citizen since my understanding is that otherwise I would have
to put him/her on the I-129F petition filed with the Chicago Service
Center, and of course could not do so until the child's birth. (I
would think I could go ahead and file the I-130 form right after
marriage since the child apparently doesn't need to be mentioned on
it, although I could be wrong.)
Lostboy:
I used the option to file directly at the Consulate for my spouse (different country) and have followed the procedure for different countries. Several posts stopped offering this filing (nicknamed DCF) this past summer, including Colombia.

If the prospective baby is yours, when born, you can file a Registration of Birth Abroad (http://usembassy.state.gov/colombia/wwwsc127.shtml). The child would not need a K derivitive visa and you don't need to wait until after the birth to file any petitions.

I know there are some complexities to getting married in Colombia (the Embassy website has details) but you might consider asking the Consul to make an exception in your case and allow you to file your petition I-130 in Colombia. Of course, you must be married to file this petition. If they say no, and you ask again and they still say no, you can file a K3 petition, which may move faster than a K1 (depending on where you live in the US). You can read an overview of these differnt options here: http://k1.exit.com/dcf.html but please keep in mind that some information may be out of date.
meauxna is offline  
Old Nov 13th 2003, 7:30 am
  #5  
Ingo Pakleppa - See Web Site For Email
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Posts: n/a
Default Re: K1/K2 visa when fiancee pregnant

You would have to be legally declared the father with all rights and
obligations (remember that while you may be obligated to pay alimony,
fatherhood isn't always automatically a foregone conclusion if the child
is born out of wedlock). I really don't know the process, since this is
family law rather than immigration law. I wouldn't rule out that at this
early stage in the child's life, a simple affidavit might be enough, or
even the mere fact that you signed on the birth certificate (or whatever
else there may be). The consulate should be able to provide guidance.

Of course, if you are married when the child is born, this becomes a
non-issue, and you would be automatically considered the father unless you
dispute fatherhood.

There are a few exceptions to the rule, but as long as you have lived in
the USA for most your life, your children are automatically US citizens.

Only if you lived outside the USA for most of your life would that
possibly not be the case.

On Wed, 12 Nov 2003 04:38:12 -0800, LostBoy99 wrote:

    > Thank you, Ingo. Yes, I meant a K4 instead of a K2. I had not known,
    > though, that the child would be automatically considered a U.S. citizen
    > if I simply acknowledged the fact. I'm not sure whom I'd acknowledge the
    > fact to -- the U.S. Embassy in Bogotá?
    >
    > The embassy in Bogotá apparently no longer accepts petitions, according
    > to its website: "Until recently, the Immigrant Visa Unit accepted
    > petitions for spouses and children under the age of 21 from non-resident
    > U.S. citizens. However, due to the overwhelming volume of petition
    > filings, effective July 1, 2003, the Embassy will no longer be able to
    > accept petitions for immediate family members (spouses & children under
    > 21) from U.S. citizens who are not residents of Colombia."
    > (http://usembassy.state.gov/colombia/wwwsc148.shtml)
    >
    > I suppose that leaves me with only the K4/K2 option. I'm very interested
    > in the possibility that our child would not need a visa as a U.S.
    > citizen since my understanding is that otherwise I would have to put
    > him/her on the I-129F petition filed with the Chicago Service Center,
    > and of course could not do so until the child's birth. (I would think I
    > could go ahead and file the I-130 form right after marriage since the
    > child apparently doesn't need to be mentioned on it, although I could be
    > wrong.)
    >
    >
    > Ingo Pakleppa - see web site for email <[email protected]> wrote in message
    > news:<[email protected]>. ..
    >> There are special rules for newborn children; they can be added to the
    >> mother's fiance visa. It may not matter, though: most likely, the child
    >> will be a US citizen from birth (as long as the father is a US citizen
    >> and legally acknowledges that fact).
    >>
    >> If you are getting married, the child would need a K-4 instead of a K-2
    >> - again, unless the child is a US citizen. However, if you get married,
    >> you may have yet another option. I heard - please confirm this before
    >> making any plans - that you can file a petition for an immigrant visa
    >> right at the US consulate in Colombia (not all consulates accept that,
    >> but apparently, Colombia does) and may be able to bring your wife and
    >> child to the US with an immigrant visa rather than just a fiance visa.
    >>
    >> On Tue, 11 Nov 2003 04:12:53 -0800, LostBoy99 wrote:
    >>
    >> > My fiancee is a Colombian national. We are expecting our child in
    >> > May. She just returned to Colombia last week after having been here
    >> > awhile on her tourist visa. Originally, before we found out she was
    >> > pregnant, we were going to petition for a K1 visa for her. However,
    >> > now she is going to stay in Colombia until the birth of our child.
    >> >
    >> > If I went ahead and applied for a K1 visa for her now (through the
    >> > Texas Service Center), the child will be born by the time she
    >> > receives it. The child would then (presumably) need his/her own K2
    >> > visa, and I imagine by the time that is issued, six months will have
    >> > probably passed since the issuance of my fiancee's K1 visa and it
    >> > will have expired.
    >> >
    >> > Is the best route here to wait until the birth of the child and apply
    >> > simultaneously for the K1 and K2 visas? I will also be going down
    >> > there during her pregnancy and there is a possibility, if not
    >> > probability, we will get married. In that case, we would be filing
    >> > for a K3 for her. Would the child still need a K2 then?
    >> >
    >> > I just want her and the baby to be able to enter the U.S. as early as
    >> > possible after the baby's birth. Any advice as to other possible
    >> > routes here would be greatly appreciated.
    >>
    >> --
    >> Remember, I am strictly a layperson without any legal training. I
    >> encourage everybody to seek competent legal counsel rather than relying
    >> on usenet newsgroups.
    >>
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >>
    >> Please visit my new FAQ at http://www.kkeane.com (always under
    >> construction)
    >>
    >> My email address in usenet posts is now invalid for spam protection.
    >> See my Web site for information on how to contact me.
    >>
    >> Please feel free to enjoy some of my photographs at my Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Nov 14th 2003, 7:45 pm
  #6  
Angelmaries
Guest
 
Posts: n/a
Default Re: K1/K2 visa when fiancee pregnant

this is a little bit different but related because iam married to a US
citizen & just come to deliver the baby in the philippines but to make
the story short, i applied for his US passport there presenting all
necessary documents that will proved that me & my husband were in the
same place during the concepcion of my son, pictures, stamped passport
etc. my son's US passport was delivered there in the philippines
together with the certificate of US citizenship.....the US embassy
there filed for everything for him including his ssn....when its time
for me to get back here in the US theres no problem also in taking him
with me because he has a US passport.

hope this helps
angel
 

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