CRBA without USA parent

[Gitana 11]

My sister is Ukrainian citizen living and working in Kenya. In 1999, while living in Nairobi, she was married US citizen. Their son was born in 2005 in Kenya.

 Her husband went to the US Embassy in Nairobi to file the CRBA but he did not have divorce papers from his previous marriage and was unable to complete process. In 2006, he traveled to the US, their marriage deteriorated and ultimately he stopped communicating with my sister.

 In 2016, she filed for divorce and was granted full-custody of her son.

 Since she is not in contact with her ex-husband, and he is not in contact with neither her nor their son, she is unable to get his cooperation in order to file the CRBA.

 my question is: What are the options available to her for filing a CBRA and accruing US citizenship for her son?

 

 

[canadian_wife 1,823]

Without his cooperation it will be difficult.  Most likely he will need to submit a DNA test to prove paternity as well as documentation of residence to make sure he meets the requirements to pass citizenship off to the child.  

 

Is there any way for her to contact him and begin this process with his help?

 

Good luck 

[Gitana 11]

he is not answering her emails for years and didn't cooperate at all for divorce as well. he will not do it:(

why to submut dna test if child was born in marriage? she also has the paper from him permitting her to travel with son, made at the embassy after child birth.

i don't get it... Child is usa citizen by birth because his father is usa citizen but he cannot get papers because his father is not responsible

Edited July 10, 2017 by Gitana

[canadian_wife 1,823]

Sadly, just because a child was born in wedlock does not mean the child is biologically the US citizens.  Do a quick search and you'll see lots of posts from father's that are shocked with DNA results.  What complicates the situation more is that the child is 12.

 

Not all US citizens can pass citizenship off to their children. As I said, there are residency requirements that must be met.  Just because the child is born to a US citizen does not always entitle them to derivative citizenship.  

 

I do hope someone else can help you sort this out with some new law or requirement.

 

Good luck

[Gitana 11]

thank you for your reply. Residency requirement are definitely met, since he was USA Marine for 8 years before marriage.

 Just in case if she can make the father to cooperate, do they still have to go with dna test?

[Unlockable 7,315]

A DNA test is possible at anytime during an immigration process.

Nobody here can tell you if it will definitely happen in your case. But if it does, it would not be unusual. Just be sure to give the father a heads up about a possible DNA test when you contact him so he is aware also.