Help! U.S. Embassy-Nairobi Refuses to Recognize My Son Born In Kenya

[mojorisin 5]

While residing in Kenya with wife(Kenyan citizen) we bore a child. Since I am now in the USA, my wife, while still in Kenya submitted all required forms to report his birth abroad and apply for his passport at the Nairobi Embassy.

Sheer incompetence by these Embassy people. They sent my wife back to Eldoret(14 hour r/t bus ride because they said I had not filled out the SS-5 form. But according to their own embassy website and U.S. State Dept-overseas, that form cannot be submitted at the Embassy because I as the American citizen parent am currently in the USA.

She then had to make another 14 hour bus ride after the Embassy first telling her all papers are in order and complete, they sent me an e-mail saying it was not complete.

After getting the appointment, my wife brings our child to the embassy only to be told we have not provided proof that our son is ours. Even though we provided birth certificate, wedding certificate and parents passport. The old hag at the embassy hands my wife a letter saying for me to get a DNA test here in the states. This is an outrage.

If they don't believe my wife and I bore a child together with documented proof, whats to prevent them from denying it still with DNA proof?

One more thing: The Embassy's website says a DNA report is only asked as a "last resort" because of the expensive cost thats involved.

Edited May 17, 2011 by mojorisin

[canadian_wife 1,827]

I am sorry, but a DNA test is common

They are not centering you out, they are not trying to pick on you, this seems to be becomming standard procedure

Unlike a woman, there is no definitive proof, aside from a DNA test, that the child came from the father. A friend of mine put her husband on the birth certificate as her child's father...only to find out later that it wan't her husband's child

I am sorry, Good luck

[Anh map 2,098]

From what you are telling us the DNA test is what is needed. Not much you can argue about. Have the test, submit the results, obtain the passport for your child.

Best of luck to you.

[LIFE'SJOURNEY 970]

They have asked, now you will have to submit if you want your child to be issued a US passport. They have the upper hand in this.

[katiemanny 64]

If the DNA test comes out to be positive, your child will be granted US Citizenship on the spot, if its negative then citizenship will be denied with hefty consequences. good luck

Nothing to worry about if you are confident that the child is yours. The US Embassy is suspicious because you left without taking care of this, why left to the US when the child hasn't been granted Citizenship.

Edited May 17, 2011 by katiemanny

[JimVaPhuong 4,863]

See INA 309(a)(1). If the child is born out of wedlock with a US citizen father:

(1) a blood relationship between the person and the father is established by clear and convincing evidence

At this point, they're not convinced the child is yours. Their initial level of suspicion rises in direct proportion to the amount of visa fraud they see in that particular country. Things probably would have gone much smoother if you had accompanied your fiancee to the embassy to file the CRBA. If they interview you, see the evidence that you and your fiancee were together at the time of conception, and witness your signature on a statement of paternity and financial support, then they would have been more likely to process the CRBA without the DNA test.

There's not much you can do except submit the DNA samples and pay for the tests. They have a statutory right to demand it.

[mojorisin 5]

See INA 309(a)(1). If the child is born out of wedlock with a US citizen father:

(1) a blood relationship between the person and the father is established by clear and convincing evidence

At this point, they're not convinced the child is yours. Their initial level of suspicion rises in direct proportion to the amount of visa fraud they see in that particular country. Things probably would have gone much smoother if you had accompanied your fiancee to the embassy to file the CRBA. If they interview you, see the evidence that you and your fiancee were together at the time of conception, and witness your signature on a statement of paternity and financial support, then they would have been more likely to process the CRBA without the DNA test.

There's not much you can do except submit the DNA samples and pay for the tests. They have a statutory right to demand it.

She is my wife. Has been since 2007. I can understand a child born out of wedlock. I also repeat the Embassy's own words, as a "last resort", the DNA test would be asked.

The letter also states, a DNA test proving paternity still does not guarantee citizenship. What kind of BS is that?

[mojorisin 5]

If the DNA test comes out to be positive, your child will be granted US Citizenship on the spot, if its negative then citizenship will be denied with hefty consequences. good luck

Nothing to worry about if you are confident that the child is yours. The US Embassy is suspicious because you left without taking care of this, why left to the US when the child hasn't been granted Citizenship.

I am a U.S. citizen and am unable to stay in Kenya for any length of time. The U.S. specifically has forms to fill out in cases such as this with oaths taken before a notary. Why go through all this ####### if I am going to be asked for a DNA test no matter what? Thats what pisses me off. The incompetency of asking my wife for forms that are not applicaple too. Why tell my wife to bring the child and have her pay all the fees and then hand her a letter saying you have not proved the child to be yours?

Should I e-mail the Embassy and ask for reconsideration? I hear some of the U.S. consulars in the Nairobi Embassy are real A-holes.

[JimVaPhuong 4,863]

She is my wife. Has been since 2007. I can understand a child born out of wedlock. I also repeat the Embassy's own words, as a "last resort", the DNA test would be asked.

The letter also states, a DNA test proving paternity still does not guarantee citizenship. What kind of BS is that?

Ooops! Sorry, I missed that fact.

Proof of a blood relationship is not required by law when the parents are married. What happened here was a matter of the consular officer's discretion. For this, we refer to the Foreign Affairs Manual, section 7, chapter 1131:

http://www.state.gov/documents/organization/86757.pdf

Issues of False or Fraudulent Paternity Claims: Paternity fraud is a false claim to citizenship filed on behalf of a child said to have been born to a U.S. citizen father who is not, in fact, the biological father of the child. Because a child born out of wedlock to a U.S. citizen mother generally acquires U.S. citizenship through the mother, paternity fraud is usually an issue only in cases where the claimed natural mother is an alien. In some cases, the alleged father is convinced that he is the biological father in which case the claim is properly considered false rather than fraudulent. In other cases, he knows that he is not the father, and conscious fraud is involved. The following factors may indicate the possibility of paternity fraud:

(1) The child was conceived or born out of wedlock;

(2) There is doubt that the child was conceived at a time when the father had physical access to the mother;

(3) The mother admits, or there are other indications, that she had physical relationships with other men around the time of conception;

(4) The child allegedly was born prematurely, but its weight at birth appears to indicate that it was a full-term baby;

(5) The physical characteristics of the child and of the alleged father do not seem compatible; or

(6) There are discrepancies in the birth records.

Any of the above that might apply in your case?

b. How to Resolve Doubts: To ascertain the true circumstances surrounding the child's conception and birth, the consular officer may wish to:

(1) Obtain available records showing periods of time when the alleged father had physical access to the mother;

(2) Interview the parents separately to determine any differences in their respective stories as to when and where the child was conceived. Often, in separate interviews, one party will admit that the American citizen is not the father;

(3) Interview neighbors and friends to determine the facts as understood within the local community; and

(4) Advise blood testing if the couple continues to pursue the claim even though the facts as developed seem to disprove it. The propriety of requesting blood or DNA testing is discussed in 7 FAM 1100 Appendix A. If the post disapproves the application, enter the ―N‖ lookout in the Consular Lookout and Support System (CLASS) using the Passport Lookout Tracking System (PLOTS) as explained in 7 FAM 1300 Appendix A and forward the application to Passport Services for scanning and record keeping in accordance with 7 FAM 1340 Appendix A.

Ok, they chose option 4, but the guidance indicates that they should have only requested a DNA test if there were facts that seemed to indicate you were not the father. Did the CO overstep their authority? Let's look at 7 FAM 1100, Appendix A:

http://www.state.gov/documents/organization/94664.pdf

f. Genetic testing is a useful tool for verifying an alleged biological relationship when no other form of credible evidence is available. Genetic testing is most commonly used to verify a parent/child relationship in conjunction with a citizenship case or an immigrant visa application (9 FAM 42.41).

However, due to the expense, complexity and logistical delays inherent in parentage testing, genetic testing should be used only if other credible proof does not establish to the satisfaction of the adjudicating officer that the relationship exists.

When genetic testing appears warranted, the consular officer should advise the applicant that genetic testing may establish the validity of the relationship; that such testing is entirely voluntary; and that all costs of testing and related expenses must be borne by the applicant and paid to the laboratory in advance. In addition, the consular officer should caution the applicant that submitting to testing does not at all guarantee the subsequent issuance of a U.S. passport, and that the results of DNA testing may rather preclude issuance.

The emphasis is in the original text.

So, is this a case of an A-hole consular officer run amok, or was there something in the evidence submitted that raised their suspicion?

[mojorisin 5]

Thanks JimVaPhuong, None of the suspicion items listed applies to our family. Our baby is light skkinned which only strengthens our claim.

I was with my wife vacationing for an entire month at which time the baby was conceived. A planned pregnancy. To have some rotten person who probably gets her jollies devastating families deny my son's citizenship infuriates me.

[JimVaPhuong 4,863]

Thanks JimVaPhuong, None of the suspicion items listed applies to our family. Our baby is light skkinned which only strengthens our claim.

I was with my wife vacationing for an entire month at which time the baby was conceived. A planned pregnancy. To have some rotten person who probably gets her jollies devastating families deny my son's citizenship infuriates me.

Understood. Don't let it get you down. You win by being patient and persistent. You will eventually get what you want.

[Sergi9 110]

While residing in Kenya with wife(Kenyan citizen) we bore a child. Since I am now in the USA, my wife, while still in Kenya submitted all required forms to report his birth abroad and apply for his passport at the Nairobi Embassy.

Sheer incompetence by these Embassy people. They sent my wife back to Eldoret(14 hour r/t bus ride because they said I had not filled out the SS-5 form. But according to their own embassy website and U.S. State Dept-overseas, that form cannot be submitted at the Embassy because I as the American citizen parent am currently in the USA.

She then had to make another 14 hour bus ride after the Embassy first telling her all papers are in order and complete, they sent me an e-mail saying it was not complete.

After getting the appointment, my wife brings our child to the embassy only to be told we have not provided proof that our son is ours. Even though we provided birth certificate, wedding certificate and parents passport. The old hag at the embassy hands my wife a letter saying for me to get a DNA test here in the states. This is an outrage.

If they don't believe my wife and I bore a child together with documented proof, whats to prevent them from denying it still with DNA proof?

One more thing: The Embassy's website says a DNA report is only asked as a "last resort" because of the expensive cost thats involved.

Maybe call Donald Trump he has a way with these Kenyan born cases -

[mojorisin 5]

Maybe call Donald Trump he has a way with these Kenyan born cases -

I'm just going to get a certificate of live birth from Hawaii for my son.

[Phanandus 0]

Your case is almost identical to the situation I just experienced here in Manila Philippines..and based on many of the replies given by other members..they just dont seem to understand how "devastating" it is to not only incur the expenses of traveling..lodging..food..taxi and all..then..the inconvenience of gathering the documentation (in the order that "they" require)..the lines at the Embassy..the waiting..and then to finally get to that point of an actual interview to be "denied"..At to add insult to the experience..you PAY in full the cost of the passport before even seeing the consulate..and it is NON REFUNDABLE..I was at least given the "option" of presenting more photos within the next 90 days to prove a "relationship" existed between me and the mother..But my thoughst are with you my friend..It was like a slap in my face to sit there with my wife and child as the consulate told us the everything was in order and satisfactory but it would be to my benefit to getting a DNA..Even though I'd already signed and swore under oath in the presence of the consulate that I was the childs father..We have a saying in America..not sure if it applies where you are but it just seems that in this world..its all about money..God bless and I hope you're able to put this experience behind you..

[JimVaPhuong 4,863]

Your case is almost identical to the situation I just experienced here in Manila Philippines..and based on many of the replies given by other members..they just dont seem to understand how "devastating" it is to not only incur the expenses of traveling..lodging..food..taxi and all..then..the inconvenience of gathering the documentation (in the order that "they" require)..the lines at the Embassy..the waiting..and then to finally get to that point of an actual interview to be "denied"..At to add insult to the experience..you PAY in full the cost of the passport before even seeing the consulate..and it is NON REFUNDABLE..I was at least given the "option" of presenting more photos within the next 90 days to prove a "relationship" existed between me and the mother..But my thoughst are with you my friend..It was like a slap in my face to sit there with my wife and child as the consulate told us the everything was in order and satisfactory but it would be to my benefit to getting a DNA..Even though I'd already signed and swore under oath in the presence of the consulate that I was the childs father..We have a saying in America..not sure if it applies where you are but it just seems that in this world..its all about money..God bless and I hope you're able to put this experience behind you..

The consulate isn't making a profit from the DNA tests, and they are charged with the responsibility to make sure that they don't grant US citizenship to anyone who isn't absolutely entitled to it.

It costs about the same amount of money for the consulate to process your application whether you're approved or denied. If they offered refunds for denied applications then the US taxpayers would be picking up the tab. The US Congress has decided (rightly so) that family based immigration should be paid for by the families who are immigrating, and not the taxpayers.

Relax, be patient, and give them whatever they ask for. Don't take it personally.