Need Help . Born outside of US . Father Citezen

[Nikolas2017 22]

My brother is a US citizen. he has a girlfriend in another country. She has given birth to a child. but they are not married. Can a child get US citizenship? If in the birth certificate the name of the father is the name of my brother. but they only want to marry in a month. question: is it necessary to be necessarily married to a US citizen. if he recognizes the child. And will the child receive citizenship? Father according to the documents my brother but his girlfriend does not want to live in the United States. help with advice.

[payxibka 10,045]

5 minutes ago, Nikolas2017 said:

My brother is a US citizen. he has a girlfriend in another country. She has given birth to a child. but they are not married. Can a child get US citizenship? If in the birth certificate the name of the father is the name of my brother. but they only want to marry in a month. question: is it necessary to be necessarily married to a US citizen. if he recognizes the child. And will the child receive citizenship? Father according to the documents my brother but his girlfriend does not want to live in the United States. help with advice.

If the father was a USC at the time of birth and meets the physical presence criteria for passing citizenship then the child has a claim.  Marriage isn't a necessary factor 

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

Edited June 20, 2019 by payxibka

[apple21 953]

Marriage is not a requirement in order to transmit US citizenship to the child. Go to the US embassy website in your country and look up CRBA. That's what he needs to file in order for the baby to have US citizenship. The father needs to qualify with the CRBA requirements though. 

Edited June 20, 2019 by apple21
Edit

[USS_Voyager 1,972]

24 minutes ago, Nikolas2017 said:

is it necessary to be necessarily married to a US citizen.

No. The father has to meet certain criteria of # of years physically present in the US is the only requirement. Look it up.

[jan22 3,056]

10 hours ago, USS_Voyager said:

No. The father has to meet certain criteria of # of years physically present in the US is the only requirement. Look it up.

Not quite -- there are a couple of other requirements.  As the father of an out-of-wedlock child, he must also:

      -- establish a blood tie to the child through clear and compelling evidence;

      -- agree in writing to provide financial support until the child is 18;

and, while the child is under 18, he must

               -- legitimize the child under the laws of the country of the child's residence or domicile (Note: if he's on the birth certificate, that works for this requirement), and;

               -- acknowledge paternity in writing under oath, or have paternity established by adjudication in a competent court.

Edited June 21, 2019 by jan22