Semi Complicated Question about my Daughter's Visa-Peru

[Unimane 0]

Well, I am pretty confident in the success of my fiance's visa, but I have concerns about my daughter. Here's why.

My fiance was married to an Englishman in 2007 in Lima, Peru. Her family pushed her into marrying and, long story short, she went to be with me. In July 2008, our daughter was born in Lima. However, since she was still technically married, I could not sign the birth certificate until a divorce. The divorce came through an English court in April 2010 and we applied for both of their visas immediately. Had I been smart, I would have borrowed money for a DNA test for proof in 2008, but a number of issues and time considerations have been a problem.

In any event, our daughter has a passport, birth cerificate, etc., but I have not signed the birth certificate. How much of an issue might this be? Can our daughter come as a dependent of my fiance, can I send a letter (maybe notorized), does her ex-husband need to send a letter or am I just screwed until I sign the birth certificate?

[canadian_wife 1,829]

Since your duaghter (assuming you meet the citizenship and residency requirements) has a claim to US citizenship and does not require a visa. Have you registered the birth abroad?

Contact the consulate in Lima to find out what needs to be done so your daughter is granted US citizenship. A DNA test will mostly likely be required since you are not on the birth certificate nor were you married to her at the time

Good lcuk

[Darnell 8,479]

Ya, I'd look into the CRBA first, before anything else. Make sure you qualify as a US Citizen first (there's some 5 year rule, you should study it, is good research time for you).

If it makes sense to go back to Peru to sign the birth certificate, get DNA test, then by all means - DO SO soonish.

[Unimane 0]

Well, it's impossible for me to go to Peru before the interview and, the times I have been to Peru, I haven't been able to sign the document because the divorce wasn't verified in Peru.

I easily qualify as a citizen, though, born and raised here.

Edited August 29, 2010 by Unimane

[Unimane 0]

Just to further add, at this point, certifying paternity, or anything relating to getting my daughter as a US citizen, is secondary to getting her to America (unless, of course, that is the only way to get her here). I can worry about DNA tests and whatnot when/if she gets to America.

Edited August 29, 2010 by Unimane

[Penguin_ie 5,997]

If she is yours, you must do CRBA, as she is a US citizen and does not need/ is not allowed a visa. While it's ideal if you can be there for the DNA test, it is not necessary- the lab can take your sample in the USA, and your fiance and daughter's in Perus, and send the results directly to the embassy.

[Unimane 0]

If she is yours, you must do CRBA, as she is a US citizen and does not need/ is not allowed a visa. While it's ideal if you can be there for the DNA test, it is not necessary- the lab can take your sample in the USA, and your fiance and daughter's in Perus, and send the results directly to the embassy.

Wow, thanks for your help. Sounds expensive. I will look into it and see how I will manage.

[JimVaPhuong 4,863]

I easily qualify as a citizen, though, born and raised here.

The residency requirement that Darnell was referring to is defined in INA section 301(g) when a child is born abroad, and one biological parent is a US citizen. The requirement is that the US citizen parent must have resided in the US for a total of not less than five years, at least two of which must have been after the US citizen parent reached the age of 14. The intent of this portion of the act is to prevent a child being granted US citizenship abroad by virtue of having one US citizen parent, and then the child remains abroad until it grows up, and then automatically confers US citizenship to his/her own children, etc., effectively creating multiple generations of US citizens who have never actually lived in the United States.

[Unimane 0]

The residency requirement that Darnell was referring to is defined in INA section 301(g) when a child is born abroad, and one biological parent is a US citizen. The requirement is that the US citizen parent must have resided in the US for a total of not less than five years, at least two of which must have been after the US citizen parent reached the age of 14. The intent of this portion of the act is to prevent a child being granted US citizenship abroad by virtue of having one US citizen parent, and then the child remains abroad until it grows up, and then automatically confers US citizenship to his/her own children, etc., effectively creating multiple generations of US citizens who have never actually lived in the United States.

Ok, I understand. But, I've lived 31 of my 33 years in the US. I'm sure it won't be an issue.