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  • Citizen & fiance visa

    Hi,
    I am a US citizen and am having a question related to my fiance. I met my fiance, who was here in the US on a valid visa, and we lived together for a few months. She has now gone back to her home country, India, as her visa expired. We are expecting our baby somewhere in Jan 06.

    My questions are:
    a) How do I sponsor her and my child (who is yet to arrive)?
    b) Since the baby will be born overseas and out of wedlock, will the child still be considered as an American citizen (since I am a citizen)?
    c) If the child would be out of wedlock, how can I legitimate the child? What needs to be done for this?
    d) If I go and marry my fiance in India prior to the birth of the baby, will that make the child a US citizen. Pls advice. In that case, I would just need to file for my spouse.
    e) And most important, in the case the baby is born without our marriage, out of wedlock, and assuming it does not qualify for automatic US citizenship, is it still possible for me to add the child's name to the same fiance petition (I-129F) that I would be filing in. Will our son be able to accompany my fiance when her petition is approved.
    (Note that when the child would be born, the birth certificate would be carrying my name as the child's father, irrespective of whether I marry her now or later).


    So in a nutshell, US citizen is looking to bring her fiance and the to-be-born baby to US, to live together with the family. Any help would be appreciated.

    Thanks.

  • #2
    Hi,
    I am a US citizen and am having a question related to my fiance. I met my fiance, who was here in the US on a valid visa, and we lived together for a few months. She has now gone back to her home country, India, as her visa expired. We are expecting our baby somewhere in Jan 06.

    My questions are:
    a) How do I sponsor her and my child (who is yet to arrive)?
    b) Since the baby will be born overseas and out of wedlock, will the child still be considered as an American citizen (since I am a citizen)?
    c) If the child would be out of wedlock, how can I legitimate the child? What needs to be done for this?
    d) If I go and marry my fiance in India prior to the birth of the baby, will that make the child a US citizen. Pls advice. In that case, I would just need to file for my spouse.
    e) And most important, in the case the baby is born without our marriage, out of wedlock, and assuming it does not qualify for automatic US citizenship, is it still possible for me to add the child's name to the same fiance petition (I-129F) that I would be filing in. Will our son be able to accompany my fiance when her petition is approved.
    (Note that when the child would be born, the birth certificate would be carrying my name as the child's father, irrespective of whether I marry her now or later).


    So in a nutshell, US citizen is looking to bring her fiance and the to-be-born baby to US, to live together with the family. Any help would be appreciated.

    Thanks.

    Comment


    • #3
      CR-1 visa :^_^

      Comment


      • #4
        a) You can file K-1 fiance petition for her/or she can apply for her us visa and you can get married in US. or you can get married in India and file I-130 for her to come to US.

        b)(1)Sec. 309 [8 U.S.C. 1409] The provisions of paragraphs(c),(d),(e) and (g) of section 301 and of praagraph(2) of section308 shall apply as of the date of birth to aperson born out of wedlock if-
        (1) A blood reslationship between the person and the father is established by clear and convincing evidence,
        (2) The father had the nationality of the United States at the time of the person's birth,
        (3) the father(unless deceased) has agreed in writing to provide financial support for the person untill the person reaches the age of 18 years, and
        (4) while the person is under the age of 18 years-
        (A) the person is legitimated under the law of the person's residence or domicile,
        (B)the father acknowledgedges paternity of the person in writing under oath, or
        (C) the paternity of the person is established by adjudication of a competent court.
        (b)Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after Jan.13, 1941 and before Dec.24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
        (c) Notwithstanding the provision of subsection(a) of this section aperson born, after Dec. 13, 1952, outside of the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such persons birth, and if the mother had previously been physically present in the US or one of its outlying possessions for continuous period of one years.
        CITIZENSHIP BASED ON BIRTH ABROAD:
        CHILD BORN OUT OF WEDLOCK TO US CITIZEN FATHER AND ALIEN MOTHER ON OR AFTER NOV. 11, 1986.
        (1) Father physicall present in U.S. or possession 5 years prior to childs birth 2 of which after age 14. Honorable US military service,employement with U.S.Government or intergovernmental international organization, or as dependent unmarried sonor daughter and member of the household of aparent in such service or employment, may be included; and
        (2) Blood relationship established between father and child, father a U.S. citizen at time of child's birth, father(unless deceased) agrees in writing to support child until 18 years and while child is under 18 years and while child is under 18 years (i)child is legitimated (ii)father acknowledges paternity,or (iii)paternity established by court adjudication. Sec.309(a)INA, as ammended 11/14/86 102 Stat 2619
        Under the above law the child can claim the U.S. citizenship if you complete the above process.

        Comment

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