Expected father of US citizen (birth certificate

[jimmyd123 7]

Hello everyone

 

i couldn’t find anyone else in our situation so I thought I’d post.

 

my fiancé and I are expecting the birth of our daughter on Jan 3rd and I was told by US embassy in London that I could visit on an ESTA being the father if I showed the birth certificate. We have just found out that my name will not be on my daughters birth certificate as my fiancé and I are not married and I physically have to be in the US to show ID (catch 22 situation). 
 

has anyone travelled from the UK under the exemption showing a birth certificate? My daughter will be taking my last name however I don’t know how far this would go at CBP.

 

thank you so much 

 

Edited November 17, 2020 by jimmyd123

[HRQX 4,145]

35 minutes ago, jimmyd123 said:

My daughter will be taking my last name however I don’t know how far this would go at CBP.

You should show whatever you do have. Child's BC showing the child has your last name, relationship evidence between you and the child's mother, etc. There are CBP officers on-site at Dublin and Shannon airports in Ireland.

39 minutes ago, jimmyd123 said:

We have just found out that my name will not be on my daughters birth certificate as my fiancé and I are not married and I physically have to be in the US to show ID (catch 22 situation).

Or if you do want to be present during the birth and subsequent signing of BC document you have an option. You would have to spend 14 days in unrestricted country (Croatia, Serbia, Turkey, Mexico, etc.) prior to seeking US entry with ESTA:

 

[SusieQQQ 11,587]

You could probably also ask your fiancée to send a notarized affidavit that you are the father of a minor US citizen (the actual exemption you would be under). The alternative suggested above, if you can afford the time, to be present at the birth certainly seems like a good option too.

[jimmyd123 7]

Thank you both for your responses.Only issue is that I would have to resign from my job (having all the time to quarantine + time with baby) which I would happily do however I’m not too sure how that would go down at Immigration having no job - I believe it is a red flag?

[HRQX 4,145]

8 minutes ago, jimmyd123 said:

Only issue is that I would have to resign from my job (having all the time to quarantine + time with baby)

Would your employer allow an extended leave if you explain the situation? Also, you would have a direct ticket from US to UK with specific exit date, as required for ESTA travelers.

[SusieQQQ 11,587]

1 hour ago, jimmyd123 said:

Thank you both for your responses.Only issue is that I would have to resign from my job (having all the time to quarantine + time with baby) which I would happily do however I’m not too sure how that would go down at Immigration having no job - I believe it is a red flag?

You’d have to resign from your job to take a few weeks vacation and/or unpaid leave? Really? That seems odd. But yes no job would very likely be an issue for someone coming to visit fiancé and new baby.

[SusieQQQ 11,587]

1 hour ago, HRQX said:

Also, you would have a direct ticket from US to UK with specific exit date, as required for ESTA travelers.

This forum has many people who married and adjusted from VWP, as is possible if spouse is a USC, regardless of air ticket home. It also has many people who have been denied entry on ESTA for concern of same.  So OP would still need to be able to show ties home.

Edited November 17, 2020 by SusieQQQ

[aaron2020 11,651]

1 hour ago, jimmyd123 said:

Thank you both for your responses.Only issue is that I would have to resign from my job (having all the time to quarantine + time with baby) which I would happily do however I’m not too sure how that would go down at Immigration having no job - I believe it is a red flag?

Giant red flag.  

People who travel to the US for short trips don't usually quit their jobs.  People who intend to immigrate to the US do.  

Quitting your job makes it looks like you intend to enter the US on the VWP with the intent to immigrate to stay with your child and partner.  

[jimmyd123 7]

I get the normal holiday allowance but having to quarantine for 2 weeks plus at least a week in the US wouldn’t be ideal work wise... we also have a K1 hoping for NoA2 around March time. I think my best bet will be to try and use the birth certificate with some sort of document showing the link between my fiancé and my daughter! 

[SusieQQQ 11,587]

I’m not sure I see the relevance of the K1 for vacation time, I presume at that stage you would resign anyway to move to the US? But yes, it’s not ideal to take holiday just to be somewhere else for two weeks especially as your fiancé will be too pregnant to travel to join you. 
 

When you do travel to the US, do not check in online. Check in at the airport, and show them the evidence you have. Given that the evidence sounds like it will not be absolutely straightforward proof, I would give yourself a little extra time for them to check with their CBP liaison if necessary. The following advice is given on the website of the US embassy in UK:

https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/

 

If you travel, please follow the steps below:

• Do not attempt to check in for your flight online if you have an ESTA registration.
• Arrive early for your flight.
• Carry any documentation that you believe demonstrates why you have been excepted from a travel restriction, such as a Permanent Resident card (commonly known as a Green Card), a marriage certificate, or a birth certificate, so that it is available if it is requested for review.
• You may also wish to carry a copy of the Presidential Proclamation itself.
• Your status will be reviewed in consultation with U.S. Customs and Border Protection (CBP) officials.
• If applicable in your case, your ESTA will be reinstated in order to allow you to board.Finally, please note that the U.S. Embassy cannot provide an official letter stating that you are excepted from a travel restriction.