urgent help

[Ann25 4]

Hi. I have my interview today and they gave me i think this is called refusal letter and i need to accomplish this one. We were not given our visa because of my daughters situation.

1. Please make an appointment with American Citizen Service to apply for a certificate of report of birth abroad and a USA passport for your daughter.

2. Please have the child's biological father write a statement granting consent for the child to emigrate to the USA.

Does anyone knows what are the possible ways to continue our process without this two?

[Minya's wife 25]

Is the child's father the petitioning US citizen or a US citizen? If so #1 applies, as the child is a US citizen and must be issued a US passport before travel. If not, then #2 applies, and it looks like there isn't a way around that. Some do not require the consent of the non-custodial parent, but it seems that this is what the consulate is requesting from you. Are you not able to obtain #2 from your child's father?

[Ann25 4]

Is the child's father the petitioning US citizen or a US citizen? If so #1 applies, as the child is a US citizen and must be issued a US passport before travel. If not, then #2 applies, and it looks like there isn't a way around that. Some do not require the consent of the non-custodial parent, but it seems that this is what the consulate is requesting from you. Are you not able to obtain #2 from your child's father?

No, its not my daughters father who is petitioning US citizen. The father wont give a consent and my daughter is using her family name coz her father signed at her birth certificate too.

No, its not my daughters father who is petitioning US citizen. The father wont give a consent and my daughter is using her family name coz her father signed at her birth certificate too.

What if I cant make the 2 and I would just leave my daughter and maybe try to find a way later. do you think its possible? what would I do to change our papers?

[Darnell 8,478]

this smells like 2 children -

one with the former husband, that child a Thai citizen,

and the 2nd with current USC husband.

The 2nd child needs CRBA.

The first needs consent from ex-husband.

If I've missed it, then repost exactly what it says on the 221(g) form.

Good Luck !

[Ann25 4]

this smells like 2 children -

one with the former husband, that child a Thai citizen,

and the 2nd with current USC husband.

The 2nd child needs CRBA.

The first needs consent from ex-husband.

If I've missed it, then repost exactly what it says on the 221(g) form.

Good Luck !

Thank you. Here it is for you to understand.

I am not married to my daughters father but he signed the birth certificate of my daughter. Then we broke up and after that, i came here to thailand and met my boyfriend now.

It says that this office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under section 221(g) of the Immigration and Nationality Act which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. Further consideration will be given to your visa application after you obtain and present the documents listed below.. And the documents i need to present is this 2.

What do you think?

[Darnell 8,478]

you are not Thai citizen? ok.

is only one child? ok.

in order for that child to come with you -

you must get both of these things.

I must assume father is USCitizen, if the Embassy is asking for CRBA for the child.

[Ann25 4]

you are not Thai citizen? ok.

is only one child? ok.

in order for that child to come with you -

you must get both of these things.

I must assume father is USCitizen, if the Embassy is asking for CRBA for the child.

Yes, father is a US Citizen.

Do you know if i can just go and maybe leave my daughter in Philippines coz I am from Philippines

[Darnell 8,478]

I would suggest trying / attempting to contact with the father, regardless of 'how he feels' or 'where he is', to get the paperwork.

re: leaving daughter - sure - can do - but then - any derivative K-2 status for daughter - must 'give that up' for now, IMO, without the father's involvement.

You might be able to prove up that the father abandoned you and his daughter - you have some legal issues to cover, I think so.

Good Luck !

[JimVaPhuong 4,863]

Yes, father is a US Citizen.

Do you know if i can just go and maybe leave my daughter in Philippines coz I am from Philippines

From what you've said, it sounds like you need both items listed on the 221(g) notice.

Your daughter has a US citizen father, so she has a claim to US citizenship. Because of this, she needs a US passport, and not a visa to the US. You don't necessarily need the father's cooperation to file the CRBA. You need to prove who the father is (the signed birth certificate is a BIG help), and you need to prove the father is a US citizen. If you can prove these things, then your daughter's US citizenship will be recognized, and she'll get a US passport.

That's half the battle...

Next, you need the father's permission for her to move permanently to the US, even though she is a US citizen. As far as the consulate is concerned, the father could be living in the Philippines (or Thailand), and may not WANT his daughter moving to the US. They need confirmation from him that this is ok.

If you can find your daughter's father you can probably clear up both of these fairly quickly, presuming he'll cooperate. If not, you'll either have to leave your daughter behind, or give up your own visa and stay with her.

[Ann25 4]

From what you've said, it sounds like you need both items listed on the 221(g) notice.

Your daughter has a US citizen father, so she has a claim to US citizenship. Because of this, she needs a US passport, and not a visa to the US. You don't necessarily need the father's cooperation to file the CRBA. You need to prove who the father is (the signed birth certificate is a BIG help), and you need to prove the father is a US citizen. If you can prove these things, then your daughter's US citizenship will be recognized, and she'll get a US passport.

That's half the battle...

Next, you need the father's permission for her to move permanently to the US, even though she is a US citizen. As far as the consulate is concerned, the father could be living in the Philippines (or Thailand), and may not WANT his daughter moving to the US. They need confirmation from him that this is ok.

If you can find your daughter's father you can probably clear up both of these fairly quickly, presuming he'll cooperate. If not, you'll either have to leave your daughter behind, or give up your own visa and stay with her.

Im trying to see what are the possible solutions before I make my final decision.

If, I leave my daughter, do we have to apply again or what do we have to do if we just cancel the k2 visa. And is there a possible way for her to immigrate maybe years after?

[thongd4me 69]

I already replied to your other post about your daughter.

Looks like you put the cart before the horse but you can

still get things done.

Passport for daughter = #1 priority.

[thongd4me 69]

I already replied to your other post about your daughter.

Looks like you put the cart before the horse but you can

still get things done.

Passport for daughter = #1 priority.

You have been a bit vague about her father's actual position on this whole

thing - assuming the one piece of information you gave is he does NOT want

to give his permission, is he involved with your daughter in Thailand and is he

paying for her support?

What are the ties/motives that caused him to refuse permission?

The consulate has already told you to apply for her passport.

The only remaining piece of the puzzle is the father and that is puzzling.

[Minya's wife 25]

Its still confusing....are there 2 daughters here? One is a USC by birth and the other is not? I know I may be causing a maelstrom by asking, but what are the ages of these children that you would even consider leaving them behind?

I understand that the K-2 has a 'follow to join' option....does that need to be signaled at the time of the interview, if that is the course of action chosen?

[Rob and Jill 82]

*bites tongue*

[Deputy Purple 1,294]

Ok, I think I get it...

Ann is a Philippine national.

She has a daughter from a previous relationship with a US Citizen.

Baby-Daddy is a real jerk-hole and wants to prevent Ann from getting to the US so he won't cooperate with CRBA or sign travel consent.

=====================================================================

Where was the baby born? is she a Philippine Citizen also?

Check the links in my signature. If the baby is Philippine Citizen then you have Sole Custody as she was born out of wedlock.

Return to the Philippines & see if you can transfer your case to the US Embassy in Manila. This won't be a problem there.