Denied CRBA and passport unrecognized marriage

[Stanly 0]

Hello everyone so here is my situation. My wife and I got married in 2015 in Malaysia. She is a Kenyan national and I'm an America. We applied for a Malaysia marriage certificate and it had a lot of requirements that we were unable to fullfill. One being a letter stating from the Kenyan government that my wife was single. She paid for this letter but until today 2 years later hasn't received it. Therefore we decided to fill in paperwork and get a Kenyan marriage certificate which we did and it was certified by the Kenyan Embassy in Malaysia. 

 

 

Fastforward to the birth of my baby girl and we apply for her crba and passport and she is denied due to my wife and I not having a Malaysian marriage certificate. My wife and daughter are stuck in Malaysia and can only go to Kenya on a travel document while I am now in Saudi Arabia. We applied for her Kenyan passport but it is taking forever. Please advise on what can be done for my daughter. Thanks.

 

Edited June 18, 2017 by Stanly

[belinda63 3,047]

Confused, marriage is not a requirement for the CRBA. Do you meet the residency requirements for her to obtain a CRBA? 

[Stanly 0]

2 hours ago, belinda63 said:

Confused, marriage is not a requirement for the CRBA. Do you meet the residency requirements for her to obtain a CRBA? 

They won't accept that the child is mine because our marriage certificate is invalid to them even though my daughter's birth certificate states I'm the father. Who can I appeal this to?

[belinda63 3,047]

Go back to the embassy and tell them you will take a DNA test. That is the usual procedure if paternity is denied. There has to be more to this. Issuing CRBAs to children who's father is a USC and not married to the mother is rather common. They usually require a DNA test, not a big deal.

[Stanly 0]

They told me to either produce a Malaysian marriage certificate or to lie and state that our child was born out of wedlock. I suggested to do the DNA test but they said it is not necessary and they already believe the daughter is mine.

[Penguin_ie 5,996]

That makes no sense, some embassy worker is making a mistake there.  Even IF they think you are lying about being married/ not legally married, the child is a US citizen and whatever wrong doing they think you are comitting has nothing to do with the child.  I'd ask for a supervisor, and/ or get that decision in writing.

Alternatively, can the child get a Kenyan passport and with that travel to Saudi, then try CRBA again there?

[Stanly 0]

I have everything in writing via e-mail. How do I appeal this? We applied for a Kenyan passport but it is taking a long time. What is the consequence of lying and stating that the child was born out of wedlock and then making an oath on that document which they require me to do. It's absurd that the U.S government wants me to lie under then swear under oath.

[Penguin_ie 5,996]

I would do two things for now- find whatever email addresses you can find for the local US embassy (US citizen direct line, secretary to the ambassador etc) and forward the emails to them with a short cover letter.  Hopefully it will reach a different worker.  Contct the Immigration Specialist of your US elected representative/ Congressman (from whereever you lived before you moved abroad, or perhaps your parents' address) and ask them for help.

[milimelo 4,565]

^^ Follow Penguin's advice. 

[jan22 3,064]

First, the transmission requirements can differ for a child born in versus out of wedlock, so it is a legal factor when adjudicating a CRBA (although usually only has an effect when the mother is the US citizen).  The adjudication needs to document under what section of the law citizenship was transmitted.   It (marital status) needs to be legally accurate in order to reflect the proper section of US law under which the child received citizenship.

 

Second, I'm a little confused about your descripton of your marriage.  If I understood correcfly, you got married in Malaysia but got a Kenyan marriage certificate, not in Kenya but from the Kenyan Embassy in Kuala Lumpur.  If so, are you sure your marriage is considered a legal marriage in Malaysia where it occurred?  Please understand, I'm not doubting your relationship at all -- just the legality of the documentation.  If you did not meet the requirements to legally get married in Malaysia, how can the Kenyan government provide a legally valid certification of that marriage?  If that is the case, i.e., that Malaysia does not recognize you as having legally married in Malaysia, neither does the US government.  A marriage must be legal in the country in which it occurred for US government purposes.  If so, the CRBA application should reflect that your child was born outside wedlock.  It will have absolutely no impact on what the CRBA looks like and will not be seen by anyone outside the CRBA processing.

[jan22 3,064]

6 hours ago, Penguin_ie said:

I would do two things for now- find whatever email addresses you can find for the local US embassy (US citizen direct line, secretary to the ambassador etc) and forward the emails to them with a short cover letter.  Hopefully it will reach a different worker.  Contct the Immigration Specialist of your US elected representative/ Congressman (from whereever you lived before you moved abroad, or perhaps your parents' address) and ask them for help.

Sorry, but I would not recommend this.  I would never send my private information to just any e-mail addresses within the Embassy. For one thing, they will be only be forwarded to the US Citizen Services unit anyway, as that is the only office that can deal with the case.  And, secondly, many of the e-mails are managed by local employees who may or may not have an understanding of the Privacy Act that protects a US citizen's personal information.  Deal only with the US Citizenship Services personnel who are required to protect your personal information.

[Penguin_ie 5,996]

36 minutes ago, jan22 said:

Sorry, but I would not recommend this.  I would never send my private information to just any e-mail addresses within the Embassy. 

 

Listen to him, he knows what he is talking about

[jan22 3,064]

24 minutes ago, Penguin_ie said:

 

Listen to him, he knows what he is talking about

Thanks, Penguin!

 

One other point, for people's information....while you can submit a CRBA application at any Embassy/Consulate, it has to be adjudicated in the country of the child's birth.  So, an application submitted in Kenya would be accepted, but sent to Malaysia for adjudication .

[Stanly 0]

On 6/19/2017 at 9:41 PM, jan22 said:

First, the transmission requirements can differ for a child born in versus out of wedlock, so it is a legal factor when adjudicating a CRBA (although usually only has an effect when the mother is the US citizen).  The adjudication needs to document under what section of the law citizenship was transmitted.   It (marital status) needs to be legally accurate in order to reflect the proper section of US law under which the child received citizenship.

 

Second, I'm a little confused about your descripton of your marriage.  If I understood correcfly, you got married in Malaysia but got a Kenyan marriage certificate, not in Kenya but from the Kenyan Embassy in Kuala Lumpur.  If so, are you sure your marriage is considered a legal marriage in Malaysia where it occurred?  Please understand, I'm not doubting your relationship at all -- just the legality of the documentation.  If you did not meet the requirements to legally get married in Malaysia, how can the Kenyan government provide a legally valid certification of that marriage?  If that is the case, i.e., that Malaysia does not recognize you as having legally married in Malaysia, neither does the US government.  A marriage must be legal in the country in which it occurred for US government purposes.  If so, the CRBA application should reflect that your child was born outside wedlock.  It will have absolutely no impact on what the CRBA looks like and will not be seen by anyone outside the CRBA processing.

Thanks for your reply. Our marriage certificate was issued by the Kenyan government in Kenya after we signed and mailed the required documents for a family member to submit. The marriage certificate that we received was then certified by the Kenyan Embassy in Malaysia. We don't know if the Malaysia government recognizes it and it shouldn't matter because I was in Malaysia on tourist visa. 

 

If we agree that our child was born out of wedlock, it would invalid our Kenyan marriage certificate and our marriage would be deemed a fraud and illegitiate before the U.S government so admitting to that is not an option.

 

According to the Immigration and Nationality Act Section 301, if one parent of the child is a U.S citizen, it automatically entitles the child to citizenship and passport. Why is my marriage even an issue? The child is mine, I am willing to prove it by a DNA test.

[Stanly 0]

Is there a way to register my marriage with the U.S government while abroad or if I return to the U.S by myself? With a U.S marriage certificate, they cannot deny the CRBA and passport.