apply for US citizenship for son at embassy?

[Anh map 2,098]

Not being truthful can open up all sorts of other issues. Why take that risk? Think in terms of keeping the level of stress low for your entire family.

[NigeriaorBust 4,087]

that's why I'm here, Anh, to see if it's fantasy or not. If a few folks chimed in with: you might at least test the waters, get a feel for the consular officer's temperament, you won't risk anything by showing up with unsigned documents, etc... I might have tried it. But such hasn't been the case, so looks like Plan B.

so, Plan B: I'm actually not even American, but Mexican. If my family and I fly to Tijuana and cross the border at night, what are the chances that...

...just kiddin'. And seriously: thanks, all, for the advice.

There is a recent news story of a USC that travelled abroad to have a fertility treatment and gave birth as a result. This woman can't bring the output from her own wonb to the US as her child because there is no genetic link ( nor proof of who the real parents are ) Do you think you will have better luck than her ?

[Kelly C 16]

thanks, Onituan, perhaps you're right. Either way, I have to go to the embassy for other reasons, so I'll at least talk with embassy staff--perhaps even a consular officer--and ask what we can do given that I'm on the birth certificate but we're not sure whether or not I'm the father.

Be careful, it sounds like your on a slippery slope. You have already commented that this is not your biological son and his father is Vietnamese. Any misrepresentation can cause you alot of grief. Talk to the CO forthright.

Good luck

[Miss M 54]

As someone who has been through DNA testing for my son, just tell the truth. My USC husband and I have 2 USC children. When we went to get the consular report of birth abroad for the 1st one, we were asked to undergo a DNA test. Totally random, but they asked for it. Thankfully, we weren't trying to hide anything or do anything weird so we were able to get my son's US passport without further issue.

For the second son, they didn't (was a different embassy as our boys were born in 2 different countries) so I'm just saying - be careful. They could send you for DNA testing and if you've lied, you may be setting yourself up for long term heartache.

[Onituan 0]

Doggie my God give you the wisdom to do what you need to do! Good luck!

[Gigli2008 70]

Thanks. Your answer raises a problem we have going the other route (I-130): he's not my adopted son. I never adopted him: by Czech law--because there was no father declared on the original birth certificate--we simply had my name added. No lawyers, no adoption, just a few forms to sign, and that was it. Here in the Czech Republic: I am his father. Not his adoptive father, not his step-father, not his biological father; simply "father". Again: I'm on the birth certificate.

On the I-130 Petition for Alien Relative, there's a check box: "Are you related by adoption?" The answer: no. In fact, our relationship doesn't fit into any of these categories: again, he's not adopted, he's not biological, he's not a step-son...

The biological son of your wife IS your step son.

You should have left the birth certificate like it originally was with the missing "fathers name". Your wife "could have claimed" not to know who made her pregnant hence the blank in the fathers name on the first birth certificate. Then your wife and her son (your step-son) could have come as immediate relatives of yours, without any fuss.

It would have been much easier for your wife to have been a single parent who got married to you and thereby making her son your step-son, rather than having to explain why your name is on the birth certificate, which will be easy to disprove by DNA.

BUT, in your bid to distort the story, you knowingly lied on the birth certificate, and put your own name as the father. I bet it is now hard to take your name out of the birth certificate without a DNA test.

Edited May 2, 2012 by Gigli2008

[ceadsearc 516]

To be fair, not every country works like the US. It appears that OP followed the laws of the country he was in with regards to the birth certificate. Unfortunately, those laws don't apply in the US so he will have to establish his relationship another way.

[doggie 0]

BUT, in your bid to distort the story, you knowingly lied on the birth certificate, and put your own name as the father.

you've no idea what the hell you're talking about.

We added my name to my son's birth certificate years ago because I've lived with him since before he turned one year old, he is in every way my son--except biologically--and by Czech law it is perfectly legal and acceptable to amend a birth certificate as my wife and I did; I did not have to claim--and I did not claim--that I was the biological father. We amended the birth certificate for one reason only: so that I would have legal rights as his father. At that time, immigrating to the USA was the furthest thing from our minds.

...so step off.

Edited May 3, 2012 by doggie