Bringing Children to America

[Joshuaching 11]

The truth will always set you free. Why not get that DNA test?it's always good to have an honest start especially for your son. So there would be no doubt whatsoever of whose son he is.

Because the cost is quite prohibitive in the Philippines. You're talking about P27,500 (US$675) per person. This cost is from the official US Embassy contracted Philippine Clinic (ST. Lukes Medical Center). Perhaps there are other places that are less costly around there. I am still shopping for a place as of right now.

[Joshuaching 11]

Why do you keep putting son in inverted commas? Is he really a girl? If you're trying to make it about how he might not be "your son" then also put the my in the inverted commas as in "my son". I know it sounds nit-picky but I was really confused at first from your OP and kept waiting for you to ask how you go about petitioning a child that was born a male but identifies as female.. or something like that.

In response to this post though - maybe the other possible father WOULD have stepped in if your name wasn't on the birth cert, or if she hadn't told you the child was most likely yours. Just because he hasn't, doesn't mean he shouldn't have rights BUT being the Philippines and seeing she wasn't married to the other possible father, if it turns out he IS the father then you won't need his approval because by Philippine law she has sole legal custody.

So basically all you need to do is: do the DNA to find out if the child is yours. If he is, great, file for CRBA. If he ISN'T then you need to have your name removed from his birth certificate and petition him as your step-son and then you can legally adopt him after he gets to the US if that is your and your wife's choice.

Sorry for the confusion. We're not all that quite proficient in English as others are, although I have conveyed what I was trying to say to many posters. My son is of course a boy

[PreciousOne 4]

i think, if you file for petition for them soon is that during the visa interview for your wife they will see your childs BC and of course its stated in the BC that you are the father.Then they will ask your wife if the child is already a US citizen and if not,then they will require you to file CRBA for the child.And if that happens apply for it because thats the requirement.Your wife cant leave the country until youre done with the CRBA application.Then if you applied and the result is denied then visa will be issued to your child.

[Joshuaching 11]

i think, if you file for petition for them soon is that during the visa interview for your wife they will see your childs BC and of course its stated in the BC that you are the father.Then they will ask your wife if the child is already a US citizen and if not,then they will require you to file CRBA for the child.And if that happens apply for it because thats the requirement.Your wife cant leave the country until youre done with the CRBA application.Then if you applied and the result is denied then visa will be issued to your child.

Thanks PreviousOne. In my research using the US Embassy website in Manila and other links, I have found that US Citizenship for a child born outside the US to a USC is not a requirement, but a right that could be exercised by the USC parent if he wishes so. NOT ALL applicants wish to be US Citizens, even in a poor country like the Philippines. In other words, the USC child could be petitioned as a foreign citizen together with the foreign mother if they wish not to apply for US citizenship as the ultimate goal. And if they ultimately file for US Citizenship, the mother together with the child could be granted US Citizenship upon application.

My worry, however, is would the USCIS see it this way?

[Anh map 2,098]

Thanks PreviousOne. In my research using the US Embassy website in Manila and other links, I have found that US Citizenship for a child born outside the US to a USC is not a requirement, but a right that could be exercised by the USC parent if he wishes so. NOT ALL applicants wish to be US Citizens, even in a poor country like the Philippines. In other words, the USC child could be petitioned as a foreign citizen together with the foreign mother if they wish not to apply for US citizenship as the ultimate goal. And if they ultimately file for US Citizenship, the mother together with the child could be granted US Citizenship upon application.

My worry, however, is would the USCIS see it this way?

The reality of the process that you are planning on entering is that a person with a claim to US citizenship cannot be issued a visa. You are shown on the birth certificate as the father. So the adjudicating officer will not issue a visa and thus the child cannot be admitted to the US.

Your son isn't able to make a choice as to his citizenship. So your argument is moot. And it isn't his mother's decision to make in this instance. You are petitioning for your spouse. Her child has a claim to citizenship.

[Joshuaching 11]

Thanks PreviousOne. In my research using the US Embassy website in Manila and other links, I have found that US Citizenship for a child born outside the US to a USC is not a requirement, but a right that could be exercised by the USC parent if he wishes so. NOT ALL applicants wish to be US Citizens, even in a poor country like the Philippines. In other words, the USC child could be petitioned as a foreign citizen together with the foreign mother if they wish not to apply for US citizenship as the ultimate goal. And if they ultimately file for US Citizenship, the mother together with the child could be granted US Citizenship upon application.

My worry, however, is would the USCIS see it this way?

I received an official email today from the US Embassy in Manila which states "you can file for your son as a Filipino citizen for as long as you write to the American Citizen Services and have them certify that you are giving up your claim to US Citizenship for your son as a natural born US Citizen. Then file an I-130 for him and enclose the letter from the American Citizen services.

This is just the beginning. I'll let the forum know the final result of this worry so that anyone having a similar problem as mine can be guided accordingly as to what to do.

[LIFE'SJOURNEY 970]

I received an official email today from the US Embassy in Manila which states "you can file for your son as a Filipino citizen for as long as you write to the American Citizen Services and have them certify that you are giving up your claim to US Citizenship for your son as a natural born US Citizen. Then file an I-130 for him and enclose the letter from the American Citizen services.

This is just the beginning. I'll let the forum know the final result of this worry so that anyone having a similar problem as mine can be guided accordingly as to what to do.

Why would you do this if you aren't sure about the son claim to USC? If he is indeed entitled to USC, why not find out first. Doing this may cause problems for him down the road, when he does try to file USC.

[Joshuaching 11]

The reality of the process that you are planning on entering is that a person with a claim to US citizenship cannot be issued a visa. You are shown on the birth certificate as the father. So the adjudicating officer will not issue a visa and thus the child cannot be admitted to the US.

Your son isn't able to make a choice as to his citizenship. So your argument is moot. And it isn't his mother's decision to make in this instance. You are petitioning for your spouse. Her child has a claim to citizenship.

Thank you for your reply. I am in the process of evaluating all opinions to my question, and in the end would follow what USCIS requires. I just want to be ready for eventualities when they happen in the future.

I wish more posters would read this topic and give their opinion. It would be best also if it's based on actual experience or you have first hand knowledge of a similar situation. Meanwhile I am continuously researching all available sources to me including current immigration laws.