Can a family court judge make a U.S. citizen pass on U.S. citizenship if the child is born in another country.

[OldUser 6,608]

5 minutes ago, Aussielad said:

Which is why my friend is now even less interested in filing for U.S. citizenship for the child. (Which I totally understand on his part).

There's no obligation for father to go through CRBA. It's a question of ethics whether he would want to do it or not. The USC friend needs to realize that by filing CRBA the mother gets avenue to come to the US once the child turns 21 and can sponsor her. Otherwise the mother can pound the sand.

Edited August 7, 2023 by OldUser

[Aussielad 37]

24 minutes ago, Timona said:

 

Even if that was possible, how's she going to live there with her tourist visa? This lady is grasping on straws.

 

Knowing Colombianas, and if push comes to shove, I would DNA that kid.

 

And how is she going to afford US lawyers with Colombian pesos? Heck, even us in US can't afford them. 

He does not deny the paternity of the kid. However he asked her to come to the U.S. to get the paternity test done, she said she would do it only if he paid for her flight and hotel and any other miscellaneous expenses plus the DNA test.

 

I mentioned to my friend that even though she wants the DNA test done for her advantage, but it also looks like she wants a holiday out of this as well by trying to have you pay for everything.

 

Due to his job, it is hard for him to go to Colombia as he has a federal government job with an important agency.

 

I also agree with the U.S. Lawyers and Colombian pesos. but supposedly she has a cousin in Georgia who will let her stay with her, and that she will go to legal aid and try to get a free lawyer...........all this on a 6 month entry tourist visa???? (that's IF they give her that long)

[OldUser 6,608]

2 minutes ago, Aussielad said:

What happened was the child was born in Colombia, my friend was in the U.S.

 

The government of Colombia to my understanding gives you 1 week to register the kid. If the parent is not present, then the child goes under the mother's name.  The father is not listed.

 

She asked my friend to put his name on the birth certificate through a virtual court appearance in Colombia, however she also started to ask for large amounts of money which is where the situation went south. 

If he's not listed on child's birth certificate, that becomes even a bigger hurdle for the lady to claim the kid is a US citizen.

[Aussielad 37]

2 minutes ago, OldUser said:

There's no obligation for father to go through CRBA. It's a question of ethics whether he would want to do it or not. The USC friend needs to realize that by filing CRBA the mother gets avenue to come to the US once the child turns 21 and can sponsor her. Otherwise the mother can pound the sand.

 

Very useful information you provided. Much appreciated. I will pass this info onto him. This has helped a lot. 

 

Very good point too...21 and then she gets a free ride to the U.S. because unfortunately, the child suffers from severe down syndrome and by the looks of everything, will never be able to function independently. She would have to be his legal guardian for everything and sign everything even past 18 - 21 years old.

[Boiler 45,445]

So he does not know if he is the father?

 

You may wish to Google Paternity Fraud, it is rife.

 

I have not heard of and can not think how a US Court could make someone file a CRBA, it is a potential benefit, not a requirement

 

Child Support would be an issue for the Family Court the child is resident in 

[Sukie 1,459]

Just a thought, too.  If the OP's friend has a government job, especially with a security clearance, he may need to alert a supervisor as to what is going on, in case of a blackmail or extortion attempt.

 

I am sorry for the child in this situation.  I also know what it is like to feel like there is impending doom with a legal case, and how worked up it can make you!  OP - have your friend get a lawyer.

 

Sukie in NY

[Ontarkie 14,217]

There are trusted labs in her country to get the DNA test done. No need to bring them to the US to get tested. Find one of the labs that the consulates use they would be trust worthy at least.

 

 

[JeanneAdil 6,489]

Gonna pretend to be in his shoes now

 

1st i would consult an attorney and heed his advise

 

2nd  I would call her bluff and say "Get a B1/B2 visa for the baby and bring him to US and I will contact family court to get this settled

Ask family court for a DNA on man and child

Kicker is:  if his name is not on the birth certificate OR  another man is on it OR it is altered in any way to have his name ,  no tourist visa would be issued to the child or without father's permission,  

If she tries to bring child with just her tourist visa ,  airport security will want to see child's birth certificate as shown on youtube,  permission of the other parent is needed  /many South American countries show airport security closely checking status of adult and child traveling alone

the above can be a stopper if he isn't the father and even if she doesn't list one

 

if she can come,  schedule family court appointment in the county and do the DNA 

a judge wants proof of income for both parties to  establish support 

and she needs to be prepared to show all monetary income and possibly medical expenses of the child

 

No way can she touch your personal property but if support is ordered  and not paid ,  then an attachment can be made of income /again ,  this would be another trip on her part to go to court and file a complaint for unpaid child support

 

$1000 to $2000 in South America??? way out of line 

[TBoneTX 45,259]

Honestly?  He should apprise his supervisor of the situation, then tell the gold-digger to take a long walk off a short pier.  I would give her neither a red cent nor the time of day.

[Boiler 45,445]

I do not see how a US Court would have jurisdiction 

[Timona 4,207]

1 hour ago, Aussielad said:

Due to his federal government job, he is not allowed to just board a plane and go to a foreign country. 

 

So, how'd they meet and procreate? 

 

You didn't answer me, where does she stay in Colombia? City that is. I can tell you the living estimate $$.

 

I agree with @Boiler and

@Ontarkie

 

Additionally, IIRC, I was told Colombians get subsidized or in some cases like this child, free healthcare. I was told this last year. Don't hold me on this.

 

As we are all saying, let your pal not CRBA anything less it's DNA-ed. Trust me, I know a few things about Colombianas. Similar to my country too.

 

On the contrary, I don't think she wants to stay in US because she would be already overstaying since she has a B-2. Quality of life and affordable Healthcare is better outside US. She may be held back overstaying because (a) she knows it'll be expensive to pay the kids Healthcare in US or (b) she wants USD to live off rich in Colombia. I would too. Why would I work while I'm getting $2K to spend in Colombia amd not work? That's living rich!!.

[Boiler 45,445]

He needs to change his telephone number and email address 

[OldUser 6,608]

22 minutes ago, Timona said:

So, how'd they meet and procreate? 

I believe the OP says the lady has a valid tourist visa. So I assume she was visiting the US.

Edited August 7, 2023 by OldUser

[Timona 4,207]

9 minutes ago, OldUser said:

I believe the OP says the lady has a valid tourist visa. So I assume she was visiting the US.

 

That's a fast goal! 😉 

Edited August 7, 2023 by Timona

[JeanneAdil 6,489]

Not  a fan of dead beat fathers (or mothers) 

but i would demand DNA 

and not pay her plane fare or motel room or let her stay with me

and only trust the US family court system to handle the issue 

 

worrying what might happen 20 years from now?

so, what if this child becomes   a USC and wants to petition for mom

he would need US residency and US income/ chances ?????

 

Certainly by then the man's obligations would be over 

Edited August 7, 2023 by JeanneAdil