K2 visa for unborn baby, I am not the father

[Banana]

My fiance is pregnant but I am not the father. I will apply for a K1 visa for her. The baby will be born before the visa is approved. As far as I understand, I cannot apply for a K2 visa for a child that is not born yet. What are my options? Do I have to wait until the baby is born?


Thank you

[mambocowboy]

My fiance is pregnant but I am not the father. I will apply for a K1 visa for her. The baby will be born before the visa is approved. As far as I understand, I cannot apply for a K2 visa for a child that is not born yet. What are my options? Do I have to wait until the baby is born?


Thank you

Seriously?

[Ricardo1]

This is quite odd.  Wondering if there's any truth - at all, to this posting.  If so why would some guy go thru all that trouble to marry or petition a visa for none other than a woman carrying another man's child?

I'm thinking this is a troll....

[Bob_S]

This is quite odd.  Wondering if there's any truth - at all, to this posting.  If so why would some guy go thru all that trouble to marry or petition a visa for none other than a woman carrying another man's child?
I'm thinking this is a troll....

Maybe.  It could be legit.  It takes all kinds.  She could have been pregnant before they met.  Banana may think he is rescuing her.  Or he is just naturally drawn to drama.

In any case, I think a case like this was covered once before in the archives.  Basically your choices are limited.
You cannot get a visa for a baby that is not yet born.  Your best hope is to get her a visa before she pops, then if she is okay to fly, get her to your home country and marry her before she gives birth.  Then you will be put down as the father on the birth certificate.
If the timing doesn't work for that, marry her there ASAP and be sure to be present for the birth, then again you can be put down as the father on the birth certificate.  It should be straight forward to get the wife and child an I-130 in the U.S. to petition for an alien relative.
If you are not married and not present when the baby is born, the sperm donor may get put down as the father, then you are screwed.  The child most likely cannot leave the country without the father's approval, and he will demand big baksheesh to allow his offspring to go, if at all.

[bcc_1_2]

Maybe.  It could be legit.  It takes all kinds.  She could have been pregnant before they met.  Banana may think he is rescuing her.  Or he is just naturally drawn to drama.

In any case, I think a case like this was covered once before in the archives.  Basically your choices are limited.
You cannot get a visa for a baby that is not yet born.  Your best hope is to get her a visa before she pops, then if she is okay to fly, get her to your home country and marry her before she gives birth.  Then you will be put down as the father on the birth certificate.
If the timing doesn't work for that, marry her there ASAP and be sure to be present for the birth, then again you can be put down as the father on the birth certificate.  It should be straight forward to get the wife and child an I-130 in the U.S. to petition for an alien relative.
If you are not married and not present when the baby is born, the sperm donor may get put down as the father, then you are screwed.  The child most likely cannot leave the country without the father's approval, and he will demand big baksheesh to allow his offspring to go, if at all.

With this as a first post and no introduction I'd be leery about this. But just as a father's rights advocate I'd say the guy has the right to know he's a father and be involved before some girl goes running off to another country with his baby. It wouldn't be cool if it happened to an American guy. If he's a deadbeat with no job who'd just try and take advantage of the situation that's one thing... but it wasn't noted. I can't imagine dating a woman who is pregnant from another man. Somebody's attempt at a joke I suppose.

[robert angel]

Odd thread. Other than I wonder if this poster will ever even come back, all I can say is I'm NOT the father!

[Ray]

Relax guys, this type of case is not so unusual at all.
　
What country are we talking about? How far along is she? How long have you known each other?
　
Without knowing any more details than the very limited information in your first post, my general advice would be to put everything on hold until the little one arrives and has a chance to put on a few pounds.
　
Then, if you are still committed to marriage, go ahead and apply for the K-1/K-2 visa (one petition).
　
If you try to represent the child as your own, you may be told by the embassy to provide DNA tests to prove parentage, because the child of an American citizen doesn’t need a visa, but a US passport.
　
In some countries, having the wife give birth after you are married may legally legitimize the child so it is considered yours.
　
Ray
　

[Gato4Astrid]

Have you gone BANANA ?

[Banana]

Yes, it might sound crazy. But if you meet someone and fall in love, what can you do? The pregnancy happened just before the last relationship ended. The relationship ended because the mother refused to abort. We met. Months later, we realize we are in love, but the baby is still there. The father disowned the mother and child. After making my original post, I spent some time reading. I will wait until the baby is born, and then apply with k1/k2.

[bcc_1_2]

Yes, it might sound crazy. But if you meet someone and fall in love, what can you do? The pregnancy happened just before the last relationship ended. The relationship ended because the mother refused to abort. We met. Months later, we realize we are in love, but the baby is still there. The father disowned the mother and child. After making my original post, I spent some time reading. I will wait until the baby is born, and then apply with k1/k2.

Well it sounds like the guy is a real winner. It'd be nice to know he's not going to cause any problems for you with getting that kid out of the country. If he's a deadbeat loser he might see dollar signs with you taking his woman and kid to the States. I'd agree that you should really think this over and wait for the kid to be born. Adding a newborn that's not yours to all this makes a challenging situation even more challenging. Throwing the kid into a new relationship is really something. I can't imagine doing it.

[Gato4Astrid]

Yes, it might sound crazy. But if you meet someone and fall in love, what can you do? The pregnancy happened just before the last relationship ended. The relationship ended because the mother refused to abort. We met. Months later, we realize we are in love, but the baby is still there. The father disowned the mother and child. After making my original post, I spent some time reading. I will wait until the baby is born, and then apply with k1/k2.

If you aren't the father of the baby, and she is still pregnant, it doesn't take an Einstein to work out how long you have been seeing her!  You need to think carefully about this sort of relationships.

[Banana]

Thanks guys, I will wait. You are right. I was just a little excited 

[adlv81]

Hi banana, how is your visa process going? I am going through the same exact situation? I submitted the application before the baby was born. Baby is 2 months now and I'm waiting for interview in the embassy? Baby was not included in application because he was not born yet.

[Ray]

Hi banana, how is your visa process going? I am going through the same exact situation? I submitted the application before the baby was born. Baby is 2 months now and I'm waiting for interview in the embassy? Baby was not included in application because he was not born yet.

  Which country are we talking here?
　
Since the child wasn’t listed on the K-1 petition, it is likely that she will be denied at her interview, or at least put on hold pending your acknowledgement of the child’s existence.
　
I would write a letter addressed to the Consular Officer at the US Consulate where her interview will take place. Explain the situation in detail, making it perfectly clear that you are aware that she has a child and that it is not yours. Request that a K-2 visa be issued for the child along with your fiancée’s K-1.
　
To be safe, I would have the letter notarized, send the original to the consulate, c/o Immigrant Visa Section, and also send one copy to you fiancée to present at her interview. Make sure you reference the case number and all of your full names in your letter.
　
It would also help if she had some photos of you and her together during your visit that clearly shows her pregnant condition. 
 
Let us know how her interview goes…
　
 
Ray
　

[SkyNorth]

Same here but TRIPLETTS from 4 different Dads.  She says she a virgin, and of course I believe her 'cause i'm in love. It happened once before and that turned out great !!!

[piglett]

Same here but TRIPLETTS from 4 different Dads.  She says she a virgin, and of course I believe her 'cause i'm in love. It happened once before and that turned out great !!!

your bad : )

[robert angel]

Maybe the original poster was a troll--he hasn't been back since January.  Banana split. 

[Ray]

I don’t understand the apparent hostility toward the OP or the most recent new poster in this thread.
　
Folks come here asking for advice or opinions because they don’t know how the system works and they need help. Calling them trolls or making stupid remarks is not productive and only serves to chase away new members.
　
Why is meeting a pregnant lady and falling in love so much different than meeting a lady with a small child and falling in love? Gato?
　
I see nothing in these gentlemen’s posts to indicate that they are trolling or came here to cause trouble. So my advice, if you wish to respond, is to at least be welcoming to a new member before you offer your opinions and tell him to dump her.
　
Ray

[piglett]

Maybe the original poster was a troll--he hasn't been back since January.  Banana split. 

hard saying, not knowin 









 

[Ray]

Maybe the original poster was a troll--he hasn't been back since January.  Banana split. 

 

hard saying, not knowin 

 
Or maybe he just didn't like the atmosphere around here, with all the ignorant, insulting replies to his question ...
 
 
 
Ray
 

[Bob_S]

Same here but TRIPLETTS from 4 different Dads.  She says she a virgin, and of course I believe her 'cause i'm in love. It happened once before and that turned out great !!!

Not so great.  Her boy got arrested by the colonial authority and was tried and executed for rabble rousing.