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If during the time you are waiting for your appointment for your K1 visa, you and your fiance have a child together, born in the Dominican Republic, there are several steps that must be taken to obtain U.S. Citizenship for that child. You must apply for a "Birth Abroad" prior to your interview for your Fiances visa, as the embassy will not issue a visa to the child, with an American parent.

Begin this process by completing the "Birth Abroad petition" and filing it with the Embassy in Santo Domingo. Follow all instructions outlined within this document, including all supporting documentation. The process for filing a birth abroad application will be in two (2) parts.
1. You will file the documents with the American Services Unit at the Embassy and obtain an appointment
2. You will receive an interview date, were you, your Fiance and the child must attend

American Citizens Services Unit
Requirements of U.S. Immigration and Naturalization Act for Transmission of U.S. Citizenship to Children Born Abroad

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father and Alien Mother:

A child born abroad out-of-wedlock to a U.S. citizen father and alien mother may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by Section 309(a) of the INA, provided:

   1. A blood relationship between the applicant 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 child's birth;
   3.The father (unless deceased) had agreed in writing to provide financial support for the child until reaches the age of 18 years, and
   4.While the child is under the age of 18 years -

   1. Applicant is legitimated under the law of their residence or domicile,
   2. Father acknowledges paternity of the person in writing under oath, or
   3. The paternity of the applicant is established by court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother and Alien Father:

A child born abroad out-of-wedlock to a U.S. citizen mother and alien father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by Section 309(c) of the INA, if the mother was a U.S. Citizen at the time of the child's birth and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the child's birth.

K1 or K3 Fiancee and Spouse Cases for Couples with Common Children Born in the Dominican Republic

Q: I am an American citizen petitioning for my spouse or fiancée (K1 case) and we have a joint child born in the Dominican Republic. How will this influence our case?

U.S. law requires that a U.S. citizen, including dual citizens, enter the U.S. with their U.S. passport, which means the consular section cannot place a visa of any type in the passport of someone who we believe may qualify for U.S. citizenship.   A final decision whether or not the child qualifies for citizenship can only be made in the American Citizen Services (ACS) section of the U.S. Embassy. In order to transmit citizenship to the child, the American citizen parent must have been in compliance with the citizenship transmission requirements (which can be found at http://santodomingo.usembassy.gov/Consular/ACS/what_is_crba-s.htm) at the time the child was born. K1 or K3 couples whose child may qualify for U.S. citizenship but do not bring the CRBA (Consular Report of Birth Abroad) or documentation from the ACS section regarding that decision will receive an open appointment to return to their interview once the child’s process is complete. This can be a source of delay and frustration, so we recommend that couples who believe their child may qualify complete the citizenship process for the child prior to their visa interview. If the child did not qualify for US citizenship, he or she can generally be added to K3 and K1 cases as a dependent.