Getting your Filipina fiance pregant a question?

[Heruamen]

    I talked to my fiance today and she expressed a worry, something about if she were to have the baby(she is pregnant by me) in the Phils before she were to come here and marry me then we would have to wait three years to bring the baby here.  Is that true? If anyone knows about these things let me know. Also if there is so info online I would be happy to see the source.  My girl seems to be very worried about that.  Also what kind of travel restrictions could she face?   Thanks

[Nathan]

Hi-

  You can set your mind at ease. I have been in exactly your situation. The baby's status is not determined by the mother's citizenship, but by YOURS. What you need to do is contact whichever consulate is closer ( other than manila there is a limited one in Cebu that handles this kind of thing.) You will be getting a form for "Registration of Birth to Americans Abroad"

Go Here:
http://travel.state.gov/law/info/overseas/overseas_703.html

As such the child is born a US citizen (as well as a Filipino citizen). Keep in mind it may take a few months to get together everything needed for Documentation, as since the baby would be born there, the US forms will require some documents from the NSO, not just the provincial birth certificate issued at birth. My daughter's US passport took over 4 months.
The application and receiving the passport must be done in person, and the baby must appear with the parent(s). This is done just the same way even if you are not legally married at the time. I was in exactly your situation and though it took some time and frustration, it was not that big a deal- it is routine.

Nathan

[Nathan]

Wow...I see you are in CDO...and Xavier Estates no less. I was living int the same community for a time. Our daughter was born at the private hospital Cagayan De Oro Polymedic- your GF will know this one. There is an OB/GYN lady doctor there named Dr. Yap, she is excellent.(She is associated with that same hospital)
Let me know if you have any questions...I quite like CDO...far better than Cebu City...

Nathan

[Ray]

Hi Heruamen,

I don’t know where she heard that 3-year rumor, but like Nathan told you, it ain’t so.

The only possible restriction on her travel would be if she were very pregnant and within a few weeks of delivery. The airlines have policies on this.

If she were to obtain a visa and come over before the birth, then everything becomes much easier. Unfortunately, visa processing normally takes too long to make that option feasible.

You should register the birth of the child with the US Consulate in Manila and the child can travel to the US on a US passport with no visa required. The registration is MUCH easier if you are over there to file the paperwork in person. It’s also much easier if you are married, but not essential. You will need a bunch of documentation for this procedure. Even if you decide not to marry her, I would strongly recommend the early birth registration for your child.

http://manila.usembassy.gov/wwwha003.html

You could marry there and petition her for a spouse visa. Visa process would take around 9-12 months probably.

If you do a fiancée visa, it might be a few months faster.

Either way, if you are shown to be the parent of the child, they will have you do the birth registration to establish the child’s US citizenship first.

Ray

[robert angel]

Heruamen,

I don't claim to be any expert in immigration, but I have been through it and done it myself.

Plus, I stayed in a Holiday Inn Express last night, so I'm supposed to be extra sharp today--haha.

At first when you look at the USCIS site and paperwork, it seems impossible to do yourself without a lawyer.

Back in the RP, there's a lot of mis information that goes around. Sadly sometimes a Filipina's friends--even cousins--may be resentlfull that another lady got lucky and will deliberatley feed them misinformation--jealousy knows no boundaries.

Even with a child en route (congratulations!) it's not as difficult as it seems. It's not easy, but if you can follow instructions and call the USCIS, I am sure you can do it. If you pay close attention to the details, doing it yourself is probably the fastest way.

She'll have to take a class over there before being able to marry/leave--probably in Cebu and you'll have to show that you're legally free to marry--show divorce degree if there's one involved.

You can pay for a lawyer and he/she might be good--or you may be paying big bucks for the lawyer's paralegal to fill out the forms after you've gathered all the information they've told you to bring. It can actually slow down the process sometimes, as you're gathering all the info to give them and have them go over it all again.

Make--get--a checklist.

Yes, it's a  pain, but also labor of love. When calling the USCIS, I have found that with their insane phone menu, that if we go right when they say left and vice versa, we always get a real live person much faster and that person helps or refers us  to the right person. Nonetheless, if you're in the 'waiting stage' USCIS will probably tell you that they only have access to the same computer screen info you're looking at.

Different USCIS processing centers move at different speeds, usually the fastest in order are: Vermont, Nebraska, Texas and California.  Visajourney.com may give you a rough 'ball park' estimate of how long various petitions from the various centers are taking to be processed.

Another variable is your file will end up on some person's desk and different people work at different speeds and on top of that, some are more picky about little details than others are.


Keep up on any current changes in rules--processing--they change the regs. on occasion.

It's amazing that there's no consulate in Davao City (closer to CDO) last time we checked--Davao's twice as big as Cebu.

There are some other online resources out there that can help you.

If you're decided and ready, I'd get going ASAP and of course keep copies. If you do hit a road block somewhere, your area Congressional rep. is usually very helpful.

I know it seems mind scrambling, but a lot of us have done it!--Good luck!

[Dave H]

The only possible restriction on her travel would be if she were very pregnant and within a few weeks of delivery. The airlines have policies on this.


Ray


[/quote]

I have found Philippine Airlines to be particularly strict in enforcing pregnancy policies and travel authorization documents for children. Northwest Airlines didn't even bat an eye when my wife traveled to the Philippines, around 6 months pregnant. She had to fight with PAL in Manila just to fly a 1 hour domestic flight. Eventually they let her on board after she completed a "Expectant Mother's Information Sheet." Good luck finding a doctor willing to sign it after 6 months of pregnancy.


http://airtravel.about.com/gi/o.htm?zi=1/XJ&zTi=1&sdn=airtravel&cdn=travel&tm=3&f=00&tt=13&bt=0&bts=0&zu=http://www.philippineairlines.com/Images/EMIS_Form_tcm61-4870.pdf

Dave