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caley

UNUSUAL PROBLEM - HELP

By caley in Philippines

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canadian_wife
canadian_wife

The name on the birth certificate indicates that the child may have claims to US citizenship. If this is the case, the visa will not be issued to your child. This may delay your case substantially a

Anh map
Anh map

There is no reason to start a new thread for the same question. The birth certificate is going to be needed. Lying to the embassy can get you a lifetime ban. Are you willing to take that chance?

VanessaTony
VanessaTony

Yes.

caley Rookie

caley   0

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Filed: K-1 Visa Timeline
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something like this could come back to haunt you and your son 10,20,30 years from now. it's best to take care of it now, than later.

im not planning to keep this forever. ofcourse my son has the right to know. and my fiancee knows and he accepted me and my son.

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caley Rookie

caley   0

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Filed: K-1 Visa Timeline
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Thank you very much for your suggestion. but how can i get an appointment at the embassy. im not really after the CRBA and US passport. so you mean i can still get my son a visa using his philippine passport. sorry about all my questions, this is my first time asking someone about my situation.

I was thinking, if ill get my appointment interview at the embassy,can i ask someone there about my son's situation first instead of paying already his K2 visa and getting a medical report.

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Grant PDX Collaborator

Grant PDX   183

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Filed: K-1 Visa Country: Philippines
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Actually after reading about the required info on http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html it looks as though the CRBA is not possible due to "Evidence of the couple's relationship prior to the conception of the applicant. The burden of proving a claim to U.S. citizenship, including blood relationship, is on the person making such claim. Photos prior to the time of conception, letters, and other correspondence may help establish the couple's relationship prior to the conception of the applicant."

Given the above it seems that CRBA is not possible. It looks like your child would need to be a K-2. Even though a US Citizen is listed as the father, the child doesn't have an immediate claim to citizenship, given the CRBA requirements.

It might look funny and you may have to explain things various times. You could always make an appointment with the USEM to comfirm, but it looks as though K-2 would be the correct route. Alternatively, have your fiance make a few calls, to the department of state or USCIS or an infopass appointment to discuss it with a real person.

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Anh map Grand Master

Anh map   2,098

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Filed: IR-1/CR-1 Visa Country: Vietnam
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There is no reason to start a new thread for the same question.

The birth certificate is going to be needed.

Lying to the embassy can get you a lifetime ban. Are you willing to take that chance?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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caley Rookie

caley   0

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Filed: K-1 Visa Timeline
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Yes that is the reason why i wouldn't try to attempt getting a CRBA for my son. i dont wanna take a risk because i already know what the result is going be. i really hope he can get a K2 visa ,and as soon as we moved to USA thats the time where he can change his citizenship. i hope it would just be that easy. thank you :)

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reginakrys Community Regular

reginakrys   33

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Filed: Citizen (pnd) Country: Philippines
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I've replied to the other thread you created. I know someone going through the same thing as you - USC listed on the BC of the child, but NOT his biologically, and tried to apply for K2. They tried to explain their situation to the CO during their interview, but the K2 was not granted because they wanted the BC to NOT show the petitioner's name because it would appear that the child has claims to citizenship, when in fact, he does not.

Now, the K-1 visa holder is in the US, married to the USC, and now they are petitioning for the child as a stepchild. They DID NOT amend the child's BC. They don't have feedback from USCIS yet about their petition, so I don't know if they did the right thing or not.

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

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Tahoma Veteran

Tahoma   2,291

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Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Is your child's biological father a U.S. Citizen?

no he is a filipino citizen

^^^ OK...then your child has no claim to U.S. citizenship because his biological father is a citizen of the Philippines.

i really hope he can get a K2 visa

^^^ Yes, your son can get a K-2 visa, but you may have to amend his birth certificate first.

I've replied to the other thread you created. I know someone going through the same thing as you - USC listed on the BC of the child, but NOT his biologically, and tried to apply for K2. They tried to explain their situation to the CO during their interview, but the K2 was not granted because they wanted the BC to NOT show the petitioner's name because it would appear that the child has claims to citizenship, when in fact, he does not.

Now, the K-1 visa holder is in the US, married to the USC, and now they are petitioning for the child as a stepchild. They DID NOT amend the child's BC. They don't have feedback from USCIS yet about their petition, so I don't know if they did the right thing or not.

^^^ I'm guessing they will have to amend the birth certificate also.

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caley Rookie

caley   0

Posted
Filed: K-1 Visa Timeline
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Posted (edited)

I've replied to the other thread you created. I know someone going through the same thing as you - USC listed on the BC of the child, but NOT his biologically, and tried to apply for K2. They tried to explain their situation to the CO during their interview, but the K2 was not granted because they wanted the BC to NOT show the petitioner's name because it would appear that the child has claims to citizenship, when in fact, he does not.

Now, the K-1 visa holder is in the US, married to the USC, and now they are petitioning for the child as a stepchild. They DID NOT amend the child's BC. They don't have feedback from USCIS yet about their petition, so I don't know if they did the right thing or not.

i really wanted to hear the same situation with mine and what is the result. thank you for commenting. i guess its really imposible for him to get him a K2 visa. i should just change his surname on his BC while its not too late. but should i still put the biological fathers name or he can use my surname. and when its done ill just file a petition for him to come to US

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caley Rookie

caley   0

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Filed: K-1 Visa Timeline
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Yes it will be a problem that he is on the birth certificate. You need to have him removed. he is not the child's father.

He is a USC and if the child was his bio child he would be eligible for USC, as he's not the bio father then he's not eligible for USC. It is fraudulent to have him on the birth certificate when you know he's not the dad. It wouldn't be that big of a deal if immigration wasn't involved (because so many women lie about who the dad is), but they are so you need to do things 100% legally.

yes i will. i dont wanna take risk. thank you :thumbs:

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caley Rookie

caley   0

Posted
Filed: K-1 Visa Timeline
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i really wanted to hear the same situation with mine and what is the result. thank you for commenting. i guess its really imposible for him to get him a K2 visa. i should just change his surname on his BC while its not too late. but should i still put the biological fathers name or he can use my surname. and when its done ill just file a petition for him to come to US

so the things i have to ammend on my son's BC is remove the petitioners name and change my sons surname :whistle:

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