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Im pregnant and my fiance are filling for K-1 . I just need to ask something.

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  • Im pregnant and my fiance are filling for K-1 . I just need to ask something.

    Hi! Im 2 months pregnant now and my fiance is filling a K-1 visa for me. I just wanna ask if the fiance visa processing is 5 months and by that time
    im 7 months pregnant already. If for example I got approved for our petition can i still travel even if im 7 or 8 months already. Or if not if i give birth here in my country (Philippines). How can i bring my child to the US? Do we need to file another papers for my child so i can bring her with me? Just need some help. Thanks!

  • #2
    Originally posted by happy_01 View Post
    Hi! Im 2 months pregnant now and my fiance is filling a K-1 visa for me. I just wanna ask if the fiance visa processing is 5 months and by that time
    im 7 months pregnant already. If for example I got approved for our petition can i still travel even if im 7 or 8 months already. Or if not if i give birth here in my country (Philippines). How can i bring my child to the US? Do we need to file another papers for my child so i can bring her with me? Just need some help. Thanks!
    If you are in good health during your pregnancy you should be able to travel no problem and then the baby will be born in US and he/she is a US citizen if born there. But if your fiance is just filing now 129f petition I don't think you will be there before baby is born. Then it's a whole other ball game. I am sure the professionals here can help more with this. Take care though.

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    • #3
      Originally posted by barbarajlw View Post
      If you are in good health during your pregnancy you should be able to travel no problem and then the baby will be born in US and he/she is a US citizen if born there. But if your fiance is just filing now 129f petition I don't think you will be there before baby is born. Then it's a whole other ball game. I am sure the professionals here can help more with this. Take care though.
      Thank you so much. Anyway, what if we just get married here in January 2011 and file for K-3. Which is better filling fiance visa (I-129f) or get married here and apply K-3 after? Were so confused right now. Need really help. thanks!

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      • #4
        Is he the father?

        If your fiance is the father of the child, it is in the best interest of the child to be born in wedlock. INA Sec. 301 is easier for the child to be considered a USC at birth to a married father rather than a USC at birth to an unwed father under INA Sec. 309. You register the child's birth at the consulate and apply for a form FS-240 and a passport for the child.

        Then he files an I-130 for you and when he gets the receipt notice he files a follow-up I-129F for a K-3 visa for you (there is no additional charge).

        Then you come to the U.S. and when the I-130 is approved you file a form I-485 for adjustment.

        You will get a conditional status and in the 3 months before the card expires you file a form I-751 to lift condition on status.

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        • #5
          thank you.

          Originally posted by BigJoe5 View Post
          If your fiance is the father of the child, it is in the best interest of the child to be born in wedlock. INA Sec. 301 is easier for the child to be considered a USC at birth to a married father rather than a USC at birth to an unwed father under INA Sec. 309. You register the child's birth at the consulate and apply for a form FS-240 and a passport for the child.

          Then he files an I-130 for you and when he gets the receipt notice he files a follow-up I-129F for a K-3 visa for you (there is no additional charge).

          Then you come to the U.S. and when the I-130 is approved you file a form I-485 for adjustment.

          You will get a conditional status and in the 3 months before the card expires you file a form I-751 to lift condition on status.
          Thanks for the advice BogJoe5! I really appreciate it! God Bless You always!

          Comment


          • #6
            Originally posted by happy_01 View Post
            Hi! Im 2 months pregnant now and my fiance is filling a K-1 visa for me. I just wanna ask if the fiance visa processing is 5 months and by that time
            im 7 months pregnant already. If for example I got approved for our petition can i still travel even if im 7 or 8 months already. Or if not if i give birth here in my country (Philippines). How can i bring my child to the US? Do we need to file another papers for my child so i can bring her with me? Just need some help. Thanks!
            I filed the K1 for my wife last year and she got her K1 in 8 months. My co worker also filed the K1 and his fiancee which is now wife was pregnant at the time when the K1 was still being process. The baby ended up be born and my co worker flew down to his fiancee home country and went into the embassy with his fiancee and child and provided that he was the father. The embassy issued a special birth cert. and process the child USA PASSPORT. He did not have to do any DNA test. USA law states that if you are a US citizen and your child is born overseas then your child is a US citizen. I would call the embassy and explain your situation. Asked the embassy offical what docunmenst are needed from you and your fiancee to process your child US passport. You can get the number of the embassy by going on the website.Best of luck.

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            • #7
              thank you.

              Originally posted by kprettypaul View Post
              I filed the K1 for my wife last year and she got her K1 in 8 months. My co worker also filed the K1 and his fiancee which is now wife was pregnant at the time when the K1 was still being process. The baby ended up be born and my co worker flew down to his fiancee home country and went into the embassy with his fiancee and child and provided that he was the father. The embassy issued a special birth cert. and process the child USA PASSPORT. He did not have to do any DNA test. USA law states that if you are a US citizen and your child is born overseas then your child is a US citizen. I would call the embassy and explain your situation. Asked the embassy offical what docunmenst are needed from you and your fiancee to process your child US passport. You can get the number of the embassy by going on the website.Best of luck.
              Thank you. Ill send your message to my fiance for another info. Thank you so much!

              Comment


              • #8
                hi I'm Paula from Philippines

                Hi, my boyfriend going here to Philippines on September, we're planning to have a baby, but he's doing k1 visa, so what if I get pregnant while waiting the visa? Is that OK? Thanks

                Comment


                • #9
                  It depends. Better ask lawyer. And, in general, find a good lawyer Because it can be required. But if you get visa while you're pregnant, be very accurate, because flying after 8th month is rather risky. The best month to fly is 4-7.

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