Is my child already a citizen???

[LDN2DEN 3]

Hi everyone. I am new here and in need of help.

I have a 5 year daughter who was born in the UK with a US citizen . He refuses to see her however I have paperwork from the Family Court in New York stating he is the father (no DNA tests were done), he pays a large amount of child support every week which I receive in the UK and his name is on her birth certificate. My new husband is about to file our I130 and came across a hurdle stating that we can only apply for my daughter if she has no claim to US citizenship. My ex refuses to sign ANY paperwork for our daughter for anything so we are stuck. Is she a citizen?

Any suggestions on what to do would be greatly appreciated.

(Also we have entered America via various ports for the past 5 years in excess of 20 times for periods of up to 8 weeks on holidays and only one immigration officer has said she should have a US passport and should take me to secondary processing!)

[Mark88 184]

If the father is a USC, there is a realistic claim that your daughter is a USC by birth. Read the requirements and apply for a CRBA at the embassy. If you have name and DOB of the father, DOS should be able to pull up old passport applications from him to establish his US citizenship

"BIRTH ABROAD OUT-OF-WEDLOCK TO A U.S. CITIZEN FATHER"

http://guadalajara.usconsulate.gov/service/passports-and-citizen-services/consular-reports-of-birth-abroad.html

[Penguin_ie 5,994]

*** Moving from CR-1 spousal visa to CRBA forum for more answers ****

[Nich-Nick 3,354]

Hi everyone. I am new here and in need of help.

I have a 5 year daughter who was born in the UK with a US citizen . He refuses to see her however I have paperwork from the Family Court in New York stating he is the father (no DNA tests were done), he pays a large amount of child support every week which I receive in the UK and his name is on her birth certificate. My new husband is about to file our I130 and came across a hurdle stating that we can only apply for my daughter if she has no claim to US citizenship. My ex refuses to sign ANY paperwork for our daughter for anything so we are stuck. Is she a citizen?

Any suggestions on what to do would be greatly appreciated.

(Also we have entered America via various ports for the past 5 years in excess of 20 times for periods of up to 8 weeks on holidays and only one immigration officer has said she should have a US passport and should take me to secondary processing!)

Here is the link for London where you will have to apply for the CRBA and passport http://london.usembassy.gov/cons_new/acs/passports/robirth4.html

[newacct 688]

I am assuming you were not married to the father when she was born? If so, then in order to be a U.S. citizen, the father must either be dead or have agreed in writing to provide financial support for her until she is 18. See http://travel.state.gov/law/citizenship/citizenship_5199.html

According to http://www.state.gov/documents/organization/86757.pdf page 28,

A father who refuses to sign a statement of support prevents his child from acquiring U.S. citizenship.

It further says

(b) Since section 309(a) specifies that the father must agree in writing to
support the child, a local law obliging fathers to support children born
out of wedlock is not sufficient to meet the requirement of that
section.

I'm not sure exactly this means. But from what I am reading, it seems that your daughter cannot be a U.S. citizen unless the father cooperates.

[LDN2DEN 3]

Thank you for all of your replies. So there lies our issue. She cannot have an I130 filed for her either as she has claim to US citizenship. She is kind of in somewhere in the middle.

We have a court order stating support is granted until 21, an acknowledgment of paternity issued by the court and his social security number. Time to get a lawyer involved I think.

[newacct 688]

Who's stopping you from filing I-130?

[LDN2DEN 3]

Thank you for all your replys. The website states if the child has no claim to US citizenship they can apply for I130. That's my interpretation of it anyway

[jan22 3,056]

Thank you for all your replys. The website states if the child has no claim to US citizenship they can apply for I130. That's my interpretation of it anyway

You should apply for the Consular Report of Birth Abroad as soon as possible and present the documentation you have regarding the court orders and the proof that the father is, in fact, paying the ordered support (assuming he is). They may decide that is sufficient. If they don't, and you can't furnish any additional evidence they request, they will deny the CRBA -- and you have the documentation you need to have the I-130/visa move forward. (Although, if money isn't an issue, you could file the I-130 at the same time -- they are unlikely to ask about the citizenship issue; that is more likely to be an issue at the visa stage. Then, if you get the CRBA, you can cancel the I-130). Good luck.

[LDN2DEN 3]

Great idea. I never thought to file for Consular Report of Birth. They will deny it almost certainly so I will hopefully be able to file I-130 after our Christmas visit. You are a genius :)

[pm5k 129]

On 10/20/2013 at 2:14 PM, LDN2DEN said:

Great idea. I never thought to file for Consular Report of Birth. They will deny it almost certainly so I will hopefully be able to file I-130 after our Christmas visit. You are a genius

Being denied a CRBA does not mean that your child is not a citizen.  Just something to note for anyone else reading this.  There are cases on VJ where a CRBA was denied due to technical issues, or lack of proof provided at the time of application, but the child was still a citizen by law.