US citizen child born abroad

[cherylc522 0]

I'm helping a friend with some immigration questions he has. His girlfriend lives in mexico and they have a son who is 17 months, they have not registered him yet to get his birth certificate and so he has not registered him to get his citizenship either. He has gotten the paperwork together for the I-129 twice and gotten ready to file when she has changed her mind and decided she is not ready to move here. He is getting frustrated with this due to not being able to have his son with him and that the living conditions where she is are not good and she is constantly telling him that he is sick and no matter how much money he sends she is always using the child against him for more money saying he is starving and needs to see a dr and things like that. what would be the best course of action here? does he have any rights to bring the child on his own? would it be a better idea to have her come on a visitors visa and stay for a little while to try and get her used to the idea before doing the whole fiance visa process? the other question then is that if she comes on a visitors visa and decides to go back and not do the process, does he have a legal right to keep the child here when she goes back?

Also, does he have to register the child at the consulate in mexico for the citizenship or can he register once the child is here since he is still young enough to travel without a passport?

[sheeshkabelle 153]

He needs to file for a CRBA (certificate of registered birth abroad) so the child can have his US citizenship on paper and everything is proper.

If he's offered to file twice, and twice she's refused, my opinion is he should give up on her and see a lawyer about getting his son to the US asap.

It seems she's using him as a guaranteed paycheck, an innocent child shouldn't be used as a pawn.

[aaron2020 11,651]

I'm helping a friend with some immigration questions he has. His girlfriend lives in mexico and they have a son who is 17 months, they have not registered him yet to get his birth certificate and so he has not registered him to get his citizenship either. He has gotten the paperwork together for the I-129 twice and gotten ready to file when she has changed her mind and decided she is not ready to move here. He is getting frustrated with this due to not being able to have his son with him and that the living conditions where she is are not good and she is constantly telling him that he is sick and no matter how much money he sends she is always using the child against him for more money saying he is starving and needs to see a dr and things like that. what would be the best course of action here?

It's up to him and his girlfriend. Do they want to go forward as a couple and live together in the US or not? This is up to them.

does he have any rights to bring the child on his own?

Mexican paternity laws will determine what rights he has to his child. He cannot bring the child to the US without the mother's consent. If he takes the child to the US without her consent, he may end up arrested for parental kidnapping.

would it be a better idea to have her come on a visitors visa and stay for a little while to try and get her used to the idea before doing the whole fiance visa process?

It's highly unlikely that she will get a visitor visa - poor, US citizen boyfriend, and US citizen child. Visitors have to show compelling reasons to return home after their visits. What are her compelling reasons to return to Mexico? Seems like she has more compelling reasons to overstay her visitor visa if she is granted one.

the other question then is that if she comes on a visitors visa and decides to go back and not do the process, does he have a legal right to keep the child here when she goes back?

He'll probably need a court order since the child's usual home is Mexico. If she tries to take the child back to Mexico and he tries to physically stop her, you can expect the cops to come.

Also, does he have to register the child at the consulate in mexico for the citizenship or can he register once the child is here since he is still young enough to travel without a passport?

He register the child as a US citizen at the US Consulate/Embassy. He will also need to apply for a US passport for the child. The child cannot enter the US without a US passport.

The child is not too young to travel without a passport. All US citizens regardless of age are required to have a passport or other approved government ID to enter the US from Mexico by land.

[cherylc522 0]

Sheeshka: My suspicions are the same, from what I have seen of the situation she is using the child as a pawn for money, he often sends money not only to her but also to her father who they are living with because she tells him that he is going to kick them out if she doesn't give him more for bills. Its really not right, but from what I've been reading n everything, he has very little rights with the child living in mexico. He is going to go in the next couple months and get the registration for the birth certificate done, but the registration for the CRBA seems to be more difficult due to where she is in mexico they will have to travel quite a ways to get to a consulate and she will have to sign everything to get the passport, I dont know what her reasoning for fighting this is, she seems to want him go live there but he has a job and everything set up and ready for her here.

Aaron: what options do you see available for him? obviously we do not want to do any kidnapping lol no worries there, but she really isn't willing to work with him on the child spending time here at all. Is there any legal process he can go through that would gain him custody of the child with her living there in mexico?

what would the ramifications be of him applying for the K-1 visa even knowing that there is possibility that she will decide later that she doesn't want to come, or once she's here that she wants to go back? If she and the child are here, and she decided she wants to go home and call everything off, is there a way to prevent her from taking the child back with her?

[aaron2020 11,651]

Sheeshka: My suspicions are the same, from what I have seen of the situation she is using the child as a pawn for money, he often sends money not only to her but also to her father who they are living with because she tells him that he is going to kick them out if she doesn't give him more for bills. Its really not right, but from what I've been reading n everything, he has very little rights with the child living in mexico. He is going to go in the next couple months and get the registration for the birth certificate done, but the registration for the CRBA seems to be more difficult due to where she is in mexico they will have to travel quite a ways to get to a consulate and she will have to sign everything to get the passport, I dont know what her reasoning for fighting this is, she seems to want him go live there but he has a job and everything set up and ready for her here.

Aaron: what options do you see available for him? obviously we do not want to do any kidnapping lol no worries there, but she really isn't willing to work with him on the child spending time here at all. Is there any legal process he can go through that would gain him custody of the child with her living there in mexico?

He'll have to sue for sole custody in a family court in Mexico. My guess is that he is not going to win.

what would the ramifications be of him applying for the K-1 visa even knowing that there is possibility that she will decide later that she doesn't want to come, or once she's here that she wants to go back?

None. But it would make it harder to do a second time.

If she and the child are here, and she decided she wants to go home and call everything off, is there a way to prevent her from taking the child back with her?

He'll have to get a court order preventing his son from leaving the US.

[cherylc522 0]

He'll have to sue for sole custody in a family court in Mexico. My guess is that he is not going to win.

I have heard that it is almost impossible for a father to gain custody of a child in Mexico, even if it is in the best interest of the child

None. But it would make it harder to do a second time.

I doubt that if it happened he would try a second time, this is kinda like his last push with her

He'll have to get a court order preventing his son from leaving the US.

More likely to win this than the custody in Mexico? this would be due to the child being a US citizen and it being a US court where the father would have more rights than in Mexico?