baby visa

[Luther]

Since it looks like Jovie and I will probably be getting married in the Philippines, I now have to research the question of possibly getting two people in, if the visa process takes so long (and we get so lucky) that we have a child (before she can come to the US.)

I know, why not wait...once again it's our age and enthusiasm level that is going to make it hard to wait for pregnancy.  She wants an instant baby, she's Catholic and doesn't believe in birth control (an assumption, I should ask her about it).  Her sister is a midwife and she has a good family, so I haven't objected to her wish for instant pregnancy.  I would like to be there during the whole pregnancy and the birth, but because of the extended family I have so far bowed to her wishes since I know the baby would be in a good environment.  I want what she wants...I spose if she's pregnant when the visa is approved she can get in without a baby visa, but if the baby is already born, even very young, then I spose that will cause a serious hangup, because then we'll have to apply for a whole new visa for the baby.

We are going with the CR-1 Immigrant visa at this point (final decision can be made later, when we get married), because of my financial situation in the past 3 years, Ray says they have to accept a qualifying co-sponsor with the Immigrant visa but not so with the K visas.

Any comments?  Is there a heart and soul within this bureacracy that will expedite a baby visa if the spouse visa is already approved, or will there be a whole second waiting process for the child to get let into the USA with the mother?

By the way, now that Jovie realizes there is no real advantage of speed with the fiancee visa, she is ECSTATIC that she will be walking down the aisle in front of her family.  The news is 3 days old and her wedding plans are well underway.  She was happy about the US wedding we would have had with the fiancee visa, but not this kind of happy!

[gregas]

... in response to baby visa, posted by Luther on Sep 16, 2004

I would recommend going to the US Embassy in person. Only took one month for my Filipino Son to become an American Citizen.

[Luther]

... in response to Hi, posted by gregas on Sep 19, 2004

You think I should travel thousands of miles to apply for a birth certificate when I can do it by mail?  I don't understand, can you clue me in to why this would be better?

[gregas]

... in response to trip to Manila for birth certificate?, posted by Luther on Sep 19, 2004

No, do it by mail.

[lswote]

... in response to baby visa, posted by Luther on Sep 16, 2004

If you are a citizen of the US then there is no need for a visa for the baby, because the baby would be eligible to become a United States citizen and will be issued a birth certificate and passport (you have to pay for the passport but it shouldn't cost more than about $20 if I remember correctly).  Now this IS something you would have to go to the Phillipines and apply for in person, but it is the baby's right, in fact it is a requirement that a baby eligible for American citizenship by birth be registered as an American citizen.  

Since you will be in the US most of the time of your marriage before the baby is born while you are waiting for the visa for your wife (or at least she will be your wife at the time in question), the American Embassy in the Phillipines will probably require a DNA test for you and the baby to prove your paternity of the baby since they doubts whether you were in the Phillipines during the time the baby was conceived since conception dates are hard to pin down.  I know this personally, because it happened to me.  This DNA test will cost yo about $300 and and will add about 3 weeks to the time before the baby gets his American citizenship and passport, or at least that is the way it is in Colombia.

If you have anymore questions, email me at the address in my profile as I have been through this in January of this year.

[Ray]

... in response to baby visa, posted by Luther on Sep 16, 2004

Luther,

You should be taking this one step at a time:
1. Meet her first
2. Pop the question
3. Get the marriage license
4. Get married
5. THEN get her pregnant (LOL)

You should tell her that she can’t have an “instant baby”. It normally takes at least 9 months :-)

IF she does happen to have your baby before she gets her visa, then the child will be an American citizen and would not need a visa. You would have to register the birth at the U.S. Embassy in Manila and they will issue the child a U.S. passport. It usually takes a few months or so. Again, wait until it happens before you start planning too much in advance.

For the joint sponsor, I didn’t mean to say that they “have” to accept one, but the law does allow for that so your chances would be much better. With the CR-1 visa, the affidavit of support (I-864) is actually processed in the States at the National Visa Center and then forwarded with your approved petition to Manila. Besides, from what you said, I don’t think you will need a joint sponsor.

If she will plan a church wedding, she should have a talk with her pastor to see if there will be any problem with your religious persuasion, etc.  Keep in mind that there is a 10-day waiting period for the marriage license and you will have to get some paperwork from the U.S. Consulate before you can apply for the license. I would recommend that you allow at least 2 weeks from arrival in the Phils to the wedding date, preferably 3 weeks. If you have been baptized, you should try to get a recent copy of the certificate from your church because she will likely need it.

Ray

[Luther]

... in response to Baby wouldn't need a visa, posted by Ray on Sep 16, 2004

Thanks Ray, as always, for your detailed and thoughtful analysis of the situation...and especially the revelation that it takes nine months to make baby...I was thinking we would just "add water and stir," but as always I am thinking ahead about situations that don't exist yet.

What with being lost in the future and stuck in the past, I barely have time for the present!

I am interested to know what you have to say about the other response to my posting from Iswote, who seems to indicate that I will have to travel to the Philippines to apply for US citizenship for the (hypothetical) baby including a DNA test...dudes, what if I don't have any DNA!!!  Anyhow, I was hoping you'd tell me they are just paranoid in Columbia because of what they smoke...

So thanks Iswote and Ray, I will look into all the details if there are any and make up something to worry about if there isn't.

And Iswote, thanks for the email address, I will definitely get in touch with you if I think of any more questions.

Luther

[Ray]

... in response to aliens have DNA?, posted by Luther on Sep 17, 2004

Luther,

Although it would be somewhat easier to register the birth if you were there in person, it isn’t an absolute requirement. In fact, you don’t even have to be living when the application is submitted.

If you are married to the alien mother, then it’s pretty straightforward. You submit the child’s birth cert, your marriage cert, proof of your U.S. citizenship and minimum residency requirements, evidence that you and mom were physically in the same place around the time of conception, and some other stuff. If you weren’t married to the mother, then more documentation is required. DNA tests can be required in some cases, but that would be the exception, not the rule.

You can read about the birth registration requirements here:

http://usembassy.state.gov/manila/wwwha003.html#supportderiv

While you are at it, better read this too:

http://usembassy.state.gov/manila/wwwha009.html

Ray

[lswote]

... in response to Aliens have DNA!, posted by Ray on Sep 17, 2004

The problem that leads to a possible DNA test is that if you are only in the Phillipines for a few weeks around the time of conception, then because determining the exact conception date is difficult they tend to error into a window a couple months wide.  With it being from about 10 months before the baby was born on the assumption the baby might have been born late to the other assumption that the baby might have been born early so they error to 8 months before the baby was born.  If you aren't with your wife for that entire 2 month window, then doubts will be raised.  In my case, I hadn't brought any proof that my wife had physically been in the US at the time of conception. It was clear I had been in the US since a couple months before the conception date until the baby was born, so the Embassy person was looking for proof my wife had been in the US too.  But unfortunately, the list of things that I needed to bring to the Embassy interview on their website hadn't included this info so I hadn't asked my wife to bring any proof, in fact I had specifically told her not to bring it.  I thought since the Embassy had issued a spousal visa for my wife a year before it would be obvious she was in the US for the past year but they wanted the proof of a passport.  It was only because my wife had felt the passport might be necessary and brought it with her that I ended up not having a problem in the end.

I am not familiar with filing for the citizenship without physically going to the place where the child is, but I know it is possible, though I am sure that it would take longer for the process than if you physically went there.

BTW, your joke about what Colombians is a huge stereotype, even if it makes a good joke.  I know a number of Americans who smoke Marijuiana, but not a single Colombian.  It is the US that has the dope problem, not Colombia.  It seems to be a product for export only.

[Ray]

... in response to Re: Aliens have DNA!, posted by lswote on Sep 17, 2004

My joke about Colombians???

[lswote]

... in response to What have YOU been smoking?, posted by Ray on Sep 17, 2004

Sorry, not your joke, but Luther's in the post you answered.

[Luther]

... in response to Aliens have DNA!, posted by Ray on Sep 17, 2004

Thanks Ray,

That Manila Embassy website is full of surprises.  Every time I think I've printed up the whole thing, here comes more.  Mucho gracias.

If you have kids, check out my brother's puppet troupe, in San Diego, Icarus Puppet Co.

Luther