K1 Filipina abandoned in U.S. Any advice welcomed!

[sjr09 155]

sjr09, why are you so defensive?

(this is just getting funny)

What part of this story is funny to you?

I am not amused at all by this, in fact I feel very sorry for the mother and the child and the grandparents as well.

This USC needs to grow up and at least come back and tell her that he doesn't want to marry her or not.

The grandparents are stuck, they wanted to help their son, but now are stuck with their grandchild and and it's mother and would probably in all sense, want the baby to stay, but that baby also needs a mother. So they are wanting to do what ever they can LEGALLY to keep both of them here until their son comes back.

She needs to get to a free DNA clinic and have a test done, they will petition the dad. I am pretty sure if he doesn't show then he will be considered the father. And at the very least they will have a copy of the baby's DNA for later if the father challenges the Child Support.

Then after that she needs to file for CS while in the States to protect herself in the event the father doesn't come back in time and she should also assume he won't and prepare for the worst by contacting the USCIS and getting their advice.

The hardest part about all of this is that someone needs to be there that she can count on to help her get this stuff done. We don't know how willing the grandparents are to help her since she will be filing against their son. So she will need to find an organization that will assist her in the event that the grandparents decide to not hep her further.

I wish her the best of luck and hopefully the father will come back and own up by at least working something out.

The DNA tests might not even be necessary, but it's impossible to say from the limited information given. The OP said that the child is the biological son of the USC father. However, he didn't say if the child's birth was registered at the consulate in the Philippines, and if the child had a US passport. If this is the case, then the father would have had to cooperate with registering the birth and obtaining citizenship for the child, and probably had to submit an affidavit of paternity. No DNA test should be necessary if the father admitted paternity.

On the other hand, if they got a K2 for the child, and just figured they'd deal with the citizenship issue later, then DNA testing might very well be needed before she's going to get a child support order issued against him.

In any case, I doubt the legal aspects can be accomplished before she'll be required to leave the US.

Note: Looks like the state department website is up again, for now...

Edit: Nevermind. I don't think the child could have had a US passport. Unless I'm missing something in reading the documents, the parents would have had to be married to confer citizenship on the child. Citizenship can be conferred later if the birth is 'legitimated' by marriage of the parents. The fiancee arrived on a K1, and they never got married, so the child is not a US citizen yet. If I'm missing something, please point it out to me.

Married or not! the child born to a USC can get USC/passport, as the father who is the USC can file for CRBA or give the mother formal permission.

I can tell you at this point a DNA test will be needed.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) 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 applicant's birth;

3) the father (unless deceased) has agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309© 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.

1997

[JimVaPhuong 4,863]

sjr09, why are you so defensive?

(this is just getting funny)

What part of this story is funny to you?

I am not amused at all by this, in fact I feel very sorry for the mother and the child and the grandparents as well.

This USC needs to grow up and at least come back and tell her that he doesn't want to marry her or not.

The grandparents are stuck, they wanted to help their son, but now are stuck with their grandchild and and it's mother and would probably in all sense, want the baby to stay, but that baby also needs a mother. So they are wanting to do what ever they can LEGALLY to keep both of them here until their son comes back.

She needs to get to a free DNA clinic and have a test done, they will petition the dad. I am pretty sure if he doesn't show then he will be considered the father. And at the very least they will have a copy of the baby's DNA for later if the father challenges the Child Support.

Then after that she needs to file for CS while in the States to protect herself in the event the father doesn't come back in time and she should also assume he won't and prepare for the worst by contacting the USCIS and getting their advice.

The hardest part about all of this is that someone needs to be there that she can count on to help her get this stuff done. We don't know how willing the grandparents are to help her since she will be filing against their son. So she will need to find an organization that will assist her in the event that the grandparents decide to not hep her further.

I wish her the best of luck and hopefully the father will come back and own up by at least working something out.

The DNA tests might not even be necessary, but it's impossible to say from the limited information given. The OP said that the child is the biological son of the USC father. However, he didn't say if the child's birth was registered at the consulate in the Philippines, and if the child had a US passport. If this is the case, then the father would have had to cooperate with registering the birth and obtaining citizenship for the child, and probably had to submit an affidavit of paternity. No DNA test should be necessary if the father admitted paternity.

On the other hand, if they got a K2 for the child, and just figured they'd deal with the citizenship issue later, then DNA testing might very well be needed before she's going to get a child support order issued against him.

In any case, I doubt the legal aspects can be accomplished before she'll be required to leave the US.

Note: Looks like the state department website is up again, for now...

Edit: Nevermind. I don't think the child could have had a US passport. Unless I'm missing something in reading the documents, the parents would have had to be married to confer citizenship on the child. Citizenship can be conferred later if the birth is 'legitimated' by marriage of the parents. The fiancee arrived on a K1, and they never got married, so the child is not a US citizen yet. If I'm missing something, please point it out to me.

Married or not! the child born to a USC can get USC/passport, as the father who is the USC can file for CRBA or give the mother formal permission.

Yeah, I got confused because there aren't any official forms listed on the state department website for reporting a birth abroad. They only list the documents you need to bring to the consulate, and they list proof of marriage as "if applicable". I got confused reading the instructions for the N-600 Application for Certificate of Citizenship. Apparently, being 'legitimate' is only required if the child is claiming citizenship by law, rather than by birth.

[sjr09 155]

sjr09, why are you so defensive?

(this is just getting funny)

What part of this story is funny to you?

I am not amused at all by this, in fact I feel very sorry for the mother and the child and the grandparents as well.

This USC needs to grow up and at least come back and tell her that he doesn't want to marry her or not.

The grandparents are stuck, they wanted to help their son, but now are stuck with their grandchild and and it's mother and would probably in all sense, want the baby to stay, but that baby also needs a mother. So they are wanting to do what ever they can LEGALLY to keep both of them here until their son comes back.

She needs to get to a free DNA clinic and have a test done, they will petition the dad. I am pretty sure if he doesn't show then he will be considered the father. And at the very least they will have a copy of the baby's DNA for later if the father challenges the Child Support.

Then after that she needs to file for CS while in the States to protect herself in the event the father doesn't come back in time and she should also assume he won't and prepare for the worst by contacting the USCIS and getting their advice.

The hardest part about all of this is that someone needs to be there that she can count on to help her get this stuff done. We don't know how willing the grandparents are to help her since she will be filing against their son. So she will need to find an organization that will assist her in the event that the grandparents decide to not hep her further.

I wish her the best of luck and hopefully the father will come back and own up by at least working something out.

The DNA tests might not even be necessary, but it's impossible to say from the limited information given. The OP said that the child is the biological son of the USC father. However, he didn't say if the child's birth was registered at the consulate in the Philippines, and if the child had a US passport. If this is the case, then the father would have had to cooperate with registering the birth and obtaining citizenship for the child, and probably had to submit an affidavit of paternity. No DNA test should be necessary if the father admitted paternity.

On the other hand, if they got a K2 for the child, and just figured they'd deal with the citizenship issue later, then DNA testing might very well be needed before she's going to get a child support order issued against him.

In any case, I doubt the legal aspects can be accomplished before she'll be required to leave the US.

Note: Looks like the state department website is up again, for now...

Edit: Nevermind. I don't think the child could have had a US passport. Unless I'm missing something in reading the documents, the parents would have had to be married to confer citizenship on the child. Citizenship can be conferred later if the birth is 'legitimated' by marriage of the parents. The fiancee arrived on a K1, and they never got married, so the child is not a US citizen yet. If I'm missing something, please point it out to me.

Married or not! the child born to a USC can get USC/passport, as the father who is the USC can file for CRBA or give the mother formal permission.

Yeah, I got confused because there aren't any official forms listed on the state department website for reporting a birth abroad. They only list the documents you need to bring to the consulate, and they list proof of marriage as "if applicable". I got confused reading the instructions for the N-600 Application for Certificate of Citizenship. Apparently, being 'legitimate' is only required if the child is claiming citizenship by law, rather than by birth.

Yeah you can find more info at http://travel.state.gov/law/info/info_609.html

You make some very good points in your post, but I must say at this point she will need to have a DNA test of the child and the father only for the CRBA. With the father gone one would think he's not going to challenge her for custody or take any responsibity.

This will put her case with the consulate under more scrutiny. 9) of instructions, is what seems to be the main emphasis and area of concern and investigation.

One thing to be concerned is For out of wedlock children But I must emphasize all of the documentary evidence on part 9

For me the main things they looked at was physical presence in the same location at applicant's time of conception, ultrasound and pre-natal care records, photos. They never ask for pictures or looked at the one's I submitted." but never say never"

They talked a lot about DNA and my case was bullet proof so just be prepared. ( I did get the CRBA with out DNA TESTING)

Don't forget you have to bring the child with you they want to see him/her.

[MikenKyhen 0]

sjr09, why are you so defensive?

(this is just getting funny)

What part of this story is funny to you?

I am not amused at all by this, in fact I feel very sorry for the mother and the child and the grandparents as well.

This USC needs to grow up and at least come back and tell her that he doesn't want to marry her or not.

The grandparents are stuck, they wanted to help their son, but now are stuck with their grandchild and and it's mother and would probably in all sense, want the baby to stay, but that baby also needs a mother. So they are wanting to do what ever they can LEGALLY to keep both of them here until their son comes back.

She needs to get to a free DNA clinic and have a test done, they will petition the dad. I am pretty sure if he doesn't show then he will be considered the father. And at the very least they will have a copy of the baby's DNA for later if the father challenges the Child Support.

Then after that she needs to file for CS while in the States to protect herself in the event the father doesn't come back in time and she should also assume he won't and prepare for the worst by contacting the USCIS and getting their advice.

The hardest part about all of this is that someone needs to be there that she can count on to help her get this stuff done. We don't know how willing the grandparents are to help her since she will be filing against their son. So she will need to find an organization that will assist her in the event that the grandparents decide to not hep her further.

I wish her the best of luck and hopefully the father will come back and own up by at least working something out.

The DNA tests might not even be necessary, but it's impossible to say from the limited information given. The OP said that the child is the biological son of the USC father. However, he didn't say if the child's birth was registered at the consulate in the Philippines, and if the child had a US passport. If this is the case, then the father would have had to cooperate with registering the birth and obtaining citizenship for the child, and probably had to submit an affidavit of paternity. No DNA test should be necessary if the father admitted paternity.

On the other hand, if they got a K2 for the child, and just figured they'd deal with the citizenship issue later, then DNA testing might very well be needed before she's going to get a child support order issued against him.

In any case, I doubt the legal aspects can be accomplished before she'll be required to leave the US.

Note: Looks like the state department website is up again, for now...

Edit: Nevermind. I don't think the child could have had a US passport. Unless I'm missing something in reading the documents, the parents would have had to be married to confer citizenship on the child. Citizenship can be conferred later if the birth is 'legitimated' by marriage of the parents. The fiancee arrived on a K1, and they never got married, so the child is not a US citizen yet. If I'm missing something, please point it out to me.

Married or not! the child born to a USC can get USC/passport, as the father who is the USC can file for CRBA or give the mother formal permission.

Yeah, I got confused because there aren't any official forms listed on the state department website for reporting a birth abroad. They only list the documents you need to bring to the consulate, and they list proof of marriage as "if applicable". I got confused reading the instructions for the N-600 Application for Certificate of Citizenship. Apparently, being 'legitimate' is only required if the child is claiming citizenship by law, rather than by birth.

Yeah you can find more info at http://travel.state.gov/law/info/info_609.html

You make some very good points in your post, but I must say at this point she will need to have a DNA test of the child and the father only for the CRBA. With the father gone one would think he's not going to challenge her for custody or take any responsibity.

This will put her case with the consulate under more scrutiny. 9) of instructions, is what seems to be the main emphasis and area of concern and investigation.

One thing to be concerned is For out of wedlock children But I must emphasize all of the documentary evidence on part 9

For me the main things they looked at was physical presence in the same location at applicant's time of conception, ultrasound and pre-natal care records, photos. They never ask for pictures or looked at the one's I submitted." but never say never"

They talked a lot about DNA and my case was bullet proof so just be prepared. ( I did get the CRBA with out DNA TESTING)

Don't forget you have to bring the child with you they want to see him/her.

Yeah, I got the CRBA without DNA testing too. Good thing, since the test is about 800 dollars. Ouch!

[sjr09 155]

sjr09, why are you so defensive?

(this is just getting funny)

What part of this story is funny to you?

I am not amused at all by this, in fact I feel very sorry for the mother and the child and the grandparents as well.

This USC needs to grow up and at least come back and tell her that he doesn't want to marry her or not.

The grandparents are stuck, they wanted to help their son, but now are stuck with their grandchild and and it's mother and would probably in all sense, want the baby to stay, but that baby also needs a mother. So they are wanting to do what ever they can LEGALLY to keep both of them here until their son comes back.

She needs to get to a free DNA clinic and have a test done, they will petition the dad. I am pretty sure if he doesn't show then he will be considered the father. And at the very least they will have a copy of the baby's DNA for later if the father challenges the Child Support.

Then after that she needs to file for CS while in the States to protect herself in the event the father doesn't come back in time and she should also assume he won't and prepare for the worst by contacting the USCIS and getting their advice.

The hardest part about all of this is that someone needs to be there that she can count on to help her get this stuff done. We don't know how willing the grandparents are to help her since she will be filing against their son. So she will need to find an organization that will assist her in the event that the grandparents decide to not hep her further.

I wish her the best of luck and hopefully the father will come back and own up by at least working something out.

The DNA tests might not even be necessary, but it's impossible to say from the limited information given. The OP said that the child is the biological son of the USC father. However, he didn't say if the child's birth was registered at the consulate in the Philippines, and if the child had a US passport. If this is the case, then the father would have had to cooperate with registering the birth and obtaining citizenship for the child, and probably had to submit an affidavit of paternity. No DNA test should be necessary if the father admitted paternity.

On the other hand, if they got a K2 for the child, and just figured they'd deal with the citizenship issue later, then DNA testing might very well be needed before she's going to get a child support order issued against him.

In any case, I doubt the legal aspects can be accomplished before she'll be required to leave the US.

Note: Looks like the state department website is up again, for now...

Edit: Nevermind. I don't think the child could have had a US passport. Unless I'm missing something in reading the documents, the parents would have had to be married to confer citizenship on the child. Citizenship can be conferred later if the birth is 'legitimated' by marriage of the parents. The fiancee arrived on a K1, and they never got married, so the child is not a US citizen yet. If I'm missing something, please point it out to me.

Married or not! the child born to a USC can get USC/passport, as the father who is the USC can file for CRBA or give the mother formal permission.

Yeah, I got confused because there aren't any official forms listed on the state department website for reporting a birth abroad. They only list the documents you need to bring to the consulate, and they list proof of marriage as "if applicable". I got confused reading the instructions for the N-600 Application for Certificate of Citizenship. Apparently, being 'legitimate' is only required if the child is claiming citizenship by law, rather than by birth.

Yeah you can find more info at http://travel.state.gov/law/info/info_609.html

You make some very good points in your post, but I must say at this point she will need to have a DNA test of the child and the father only for the CRBA. With the father gone one would think he's not going to challenge her for custody or take any responsibity.

This will put her case with the consulate under more scrutiny. 9) of instructions, is what seems to be the main emphasis and area of concern and investigation.

One thing to be concerned is For out of wedlock children But I must emphasize all of the documentary evidence on part 9

For me the main things they looked at was physical presence in the same location at applicant's time of conception, ultrasound and pre-natal care records, photos. They never ask for pictures or looked at the one's I submitted." but never say never"

They talked a lot about DNA and my case was bullet proof so just be prepared. ( I did get the CRBA with out DNA TESTING)

Don't forget you have to bring the child with you they want to see him/her.

Yeah, I got the CRBA without DNA testing too. Good thing, since the test is about 800 dollars. Ouch!

Yup you have go with a test site from the consulate!

[sjr09 155]

sjr09, why are you so defensive?

(this is just getting funny)

What part of this story is funny to you?

I am not amused at all by this, in fact I feel very sorry for the mother and the child and the grandparents as well.

This USC needs to grow up and at least come back and tell her that he doesn't want to marry her or not.

The grandparents are stuck, they wanted to help their son, but now are stuck with their grandchild and and it's mother and would probably in all sense, want the baby to stay, but that baby also needs a mother. So they are wanting to do what ever they can LEGALLY to keep both of them here until their son comes back.

She needs to get to a free DNA clinic and have a test done, they will petition the dad. I am pretty sure if he doesn't show then he will be considered the father. And at the very least they will have a copy of the baby's DNA for later if the father challenges the Child Support.

Then after that she needs to file for CS while in the States to protect herself in the event the father doesn't come back in time and she should also assume he won't and prepare for the worst by contacting the USCIS and getting their advice.

The hardest part about all of this is that someone needs to be there that she can count on to help her get this stuff done. We don't know how willing the grandparents are to help her since she will be filing against their son. So she will need to find an organization that will assist her in the event that the grandparents decide to not hep her further.

I wish her the best of luck and hopefully the father will come back and own up by at least working something out.

The DNA tests might not even be necessary, but it's impossible to say from the limited information given. The OP said that the child is the biological son of the USC father. However, he didn't say if the child's birth was registered at the consulate in the Philippines, and if the child had a US passport. If this is the case, then the father would have had to cooperate with registering the birth and obtaining citizenship for the child, and probably had to submit an affidavit of paternity. No DNA test should be necessary if the father admitted paternity.

On the other hand, if they got a K2 for the child, and just figured they'd deal with the citizenship issue later, then DNA testing might very well be needed before she's going to get a child support order issued against him.

In any case, I doubt the legal aspects can be accomplished before she'll be required to leave the US.

Note: Looks like the state department website is up again, for now...

Edit: Nevermind. I don't think the child could have had a US passport. Unless I'm missing something in reading the documents, the parents would have had to be married to confer citizenship on the child. Citizenship can be conferred later if the birth is 'legitimated' by marriage of the parents. The fiancee arrived on a K1, and they never got married, so the child is not a US citizen yet. If I'm missing something, please point it out to me.

Married or not! the child born to a USC can get USC/passport, as the father who is the USC can file for CRBA or give the mother formal permission.

Yeah, I got confused because there aren't any official forms listed on the state department website for reporting a birth abroad. They only list the documents you need to bring to the consulate, and they list proof of marriage as "if applicable". I got confused reading the instructions for the N-600 Application for Certificate of Citizenship. Apparently, being 'legitimate' is only required if the child is claiming citizenship by law, rather than by birth.

Yeah you can find more info at http://travel.state.gov/law/info/info_609.html

You make some very good points in your post, but I must say at this point she will need to have a DNA test of the child and the father only for the CRBA. With the father gone one would think he's not going to challenge her for custody or take any responsibity.

This will put her case with the consulate under more scrutiny. 9) of instructions, is what seems to be the main emphasis and area of concern and investigation.

One thing to be concerned is For out of wedlock children But I must emphasize all of the documentary evidence on part 9

For me the main things they looked at was physical presence in the same location at applicant's time of conception, ultrasound and pre-natal care records, photos. They never ask for pictures or looked at the one's I submitted." but never say never"

They talked a lot about DNA and my case was bullet proof so just be prepared. ( I did get the CRBA with out DNA TESTING)

Don't forget you have to bring the child with you they want to see him/her.

Yeah, I got the CRBA without DNA testing too. Good thing, since the test is about 800 dollars. Ouch!

Yup you have go with a test site from the consulate!

But now that I think about it that cost is if your in the PI, it may cost less in the US?

AABB Accredited Relationship Testing Facilities

http://www.aabb.org/Content/Accreditation/...aboutptlabs.htm

[TBoneTX 45,959]

Folks, do we need to copy the ENTIRE string of previous correspondence just to post a one-line reply when the context thereof is obvious?

[Krikit 1,165]

Folks, do we need to copy the ENTIRE string of previous correspondence just to post a one-line reply when the context thereof is obvious?

I was thinking the same thing. I was like..... "Holy mackerel, you guys. Do you not know how to cut and paste?"

[JimVaPhuong 4,863]

Folks, do we need to copy the ENTIRE string of previous correspondence just to post a one-line reply when the context thereof is obvious?

I was thinking the same thing. I was like..... "Holy mackerel, you guys. Do you not know how to cut and paste?"

I don't think it's the "how" as much as the "where" to make the cut. There seems to be a lot of fractured BBCode in posts lately from people who've attempted to slice up a long chain of quotes. Some people just paste the original text into their own posts, making no distinction between which words are their own and which belong to someone else.

Or, perhaps it's the fear that a moderator will delete every post except their own, and they are only attempting to preserve the ENTIRE conversation.

[TBoneTX 45,959]

Holy mackerel, you guys.

While we are talking about religious mackerels, note the judicious use of cut-&-paste (there's a genuine Texas town called "Cut & Shoot," by the way, si man) of the last poster's post in order to present the following dictionary definition:

Civil sturgeon, n. - a polite, caviar-producing fish, si man.

[William Savage 0]

The last time I read from the OP was yesterday at 8:41 P.M. I wonder where he is now.

Waiting to see if the blame game is going to subside. Gee wiz..... we are a judgmental bunch aren't we.

At any rate, no one is trying to do anything illegal. Just the opposite. We just wanted to hear what her option are if he doesn't return because this is a bit of an unusual situation. I think we have enough information for her to begin putting her life back together. A very big THANK YOU to those who offered constructive advice and info (especially sjr09). It's just a shame this thread got so ugly.

[Donna A 4]

Has anyone even reported him missing? there might be more about this than he just ran away. I would have thought if he was just a run away groom he would have called his parents by now and said he dont want to get married, send her back.

no one even knows if this child is his anyway so i wouldnt be telling him he needs to start paying child support so quickly.

[bulaklak 0]

It seems the guy developed a cold feet. he may be reliazed that's a too much responsibilities for him to handle the reason he ran-away.

This is ONE of the reason Women should not to get pregnant soon while still in the process. make sure that you are all done the immigration papers before you decide to get PREGNANT, you never know.

Also there is a posibility he may be just got an accident somewhere and lost his memories and coudn't remember his family. so, it's better to report him to the police make sure if he still alive or what.

[Fizz 1]

i dont know if anyone has suggested this yet (i didnt really want to read all 8 pages) but has anyone suggested contacting the US congressman for that area?

it seems to me the child is a US citizen and was abandoned. That leaves only the mother to care for him.

[justashooter 430]

i dont know if anyone has suggested this yet (i didnt really want to read all 8 pages) but has anyone suggested contacting the US congressman for that area?

it seems to me the child is a US citizen and was abandoned. That leaves only the mother to care for him.

you could request that the congressman author a private bill granting the mother status to allow her to raise the child in USA, but this case is not so extraordinary. this kind of thing happens all the time. parents without status have to leave USC children behind or take them to foreign countries due to deportation on a daily basis.