Aussielad

Unless she can prove that he was holding her hostage to the immigration process. That could come under some form of abuse. I have seen that happen.

He's done that, and she in return has told him to go get f!@#$% lol! I think she should just take care of the kid herself and disappear and see how things are from here to 10-15 years time.

The child is one, and no, he is not sending money as of this moment as she is asking for unrealistic amounts of money, and he offered for her to get a DNA in the U.S. but she said only if he pays for everything.

They were never married.

For a person that is not married, and if the kid was a U.S. citizen, she could claim it. Social Security can be claimed and received overseas. True, a DNA test needs to be done and that's another difficult thing because he lives in one country and she lives in another.

I hope this situation works out, his meeting with the lawyer in Colombia is on the 15th and that lawyer is going to start doing her thing down there. Like mentioned, my friend does not mind helping out with the money side, however he does not want to be taken for a ride at his expense neither at the governments expense. What makes him go this way, is because she is from a very extremely up scale family, they live in north Bogota, and anyone that has been there knows that is high class. She owns not one, but two apartments around that same area as well. So she is no way in dire straits. Because she knows that she won't get as much if it goes through the courts in Colombia (which is where it should go), she prefers the courts in the U.S. If it was through the state of Georgia, it would be around $987 per month he would have to pay. More than what 90% of people make in Colombia monthly.......it comes down to "I gain more getting U.S. dollars than Colombian pesos". If it was through the Colombian court system, he would maybe have to pay between $300-$400 per month. Which still, for Colombia is like giving more than a months wage and could pay for everything for the childs needs and more. But when someone wants $1000 per month,(because she knows that the state of Georgia would have him at $987 per month) plus all the government benefits as well regarding social security, that could end up being U.S. $3,000 per month, just to go back and live very comfortably in Colombia, and then 21 years later, applies to bring her and her whole family to the U.S.....to my friend, that is abusing the system. I now agree too, looking at it from the outside in and have attempted to be as subjective and neutral as possible.

What do you not see working Boiler?

Which is why if served from Georgia, he mentioned that he will file to have it moved to the state that he lives in where he is a bonafide resident of that state whereas she is just in Georgia on a tourist visa.

He makes over $100,000 per year. And he understands that an innocent kid is caught up in this. However he also realizes that she would get money in the end, but can not have it all. Because unfortunately she wants to get as much out of this as possible. Will she get money in the end? More than likely. Would it be up to $800? Probably. $800 in COLOMBIA is a lot of money for someone who also already owns two apartments and has a very good job in Colombia. Plus all she can get out of social security, which could be up to $1,500 extra?.....too much. Way.too.much. My friend mentioned that ethically and morally he can not do that, and would just prefer to be done for the money for child support if and when it comes to that. In the end, the U.S. citizenship will benefit HER, not the child, the child is unfortunately mentally incapacitated for life.

And THAT is what she is precisely attempting to do....more money for her to live comfortably in Colombia by doing it in the U.S. the process will simply be a lot longer

No, she is trying to do everything on a tourist visa without overstaying. Which is why I have the personal opinion that this is a situation for Colombia to resolve. Because why she is trying to do it in the U.S. is to gain more money. Because there is a significant difference between 2 million pesos and 2 thousand dollars. Which is why she is wanting more because she knows that a Colombian court won't give her what the U.S. could give her. And also, even though we have all pointed it out and that it won't work for her.....she is still determined to go and "MAKE" the judge give the kid U.S. citizenship. (even though we all know that can't happen). And that is so that she can attempt to claim $1,000 for the social security for the kid and social security money for herself as the "care taker" of the kid.

That is what she is attempting to do, exactly that. Go to Georgia, gain state residency and file child support. However it could be a difficult situation given that she and the kid are Colombian and she is using a tourist visa to do all of this. I do not know if that would work in her favor or not.

The mother alleges that she got a U.S. tourist visa for the child as the the child is registered in her name. But no, the mother nor the child are not residents of Georgia at all. She has yet to go to Georgia.

UPDATE up until now..... My friend contracted a family lawyer in Colombia and she is now going to handle the case. The lawyer believes that the case is for Colombia and not the U.S. The lawyer also is of the belief that the Colombian woman is borderline extortioning my friend. I am wishing success to my friend that this can be resolved in the best possible manner for all parties involved. I will keep everyone updated. Thank you to everyone who has put in their two cents. It has been much appreciated with the valuable knowledge provided here. My friend is deeply grateful for the positive vibes from everyone on here.

That is what happened. a fling that went the other direction. He was told he could not have kids, and she was 40+ years old when she got pregnant. It was a shock for them both.

Correct up until a point. CRBA is not as easy as it seems due to the fact that his original proof of U.S. citizenship is required, plus both parents would have to appear before a consulate official. Also remember that she would also need his proof that he has had 5 years of continual U.S. residency through taxes, transcripts, etc, etc, which she does not have access too.

And that is a high possibility that she does go to the U.S. on her tourist visa with the kid and does something like that.

She is wanting to go to Georgia with the child, stay with a cousin of hers there that lives in Georgia, and attempt to claim residency for that purpose. I believe to claim state residency is a few months, not too sure. She believes that by claiming residency in Georgia, that the state of Georgia will be able to help her. But I agree with you, Colombia looks like the more appropriate place for this to be resolved.

For that to happen, the child would need my friends original naturalization certificate/passport. And unfortunately since the child has severe Down Syndrome, I do not see that happening. Knowing my friend, he would never give documents like that to the mother even after the child is no longer a minor.

He is not on the birth certificate, and being established by adjudication of a competent court has yet to happen. Up until now, this looks like it would be a case for Colombia as the child and mother are both Colombian and my friend has not applied for the CRBA at the U.S. consulate and will not do so either.

How did she know? Because of her age (43), the doctor had told her and with the varios sonograms that the child had a very high percentage of being born with a condition. She had mentioned this on the phone to my friend, which is why he asked to get an abortion and not bring the child into the world with conditions that would not give it a quality of life. She does not smoke or drink to our knowledge.

True, but she is also very determined to go on a tourist visa and file a DNA test and child support at a local court here in the U.S. where her cousin lives.

No, they were never married. They were just boyfriend and girlfriend. When she got pregnant, she told him that the kid was going to be born with severe impediments which he asked for her to get an abortion, she refused and said "my body, my decision", (ok, understandable). The kid was born, and as she said, the child came out with severe down syndrome and other health situations. But now on top of that, she wants thousands of dollars per month.

I agree, and so would my friend on this regarding the child in the middle. However when you have a person (the mother) who believes its her right to thousands and thousands of dollars per month which will benefit her, not the kid in the long run, then there is a point where a stance has to be taken, and the foot has to be put down and say no. For a place like Colombia, I would believe between $300 - $400 per month is reasonable.

He does not deny the paternity, the child looks exactly like him. He acknowledges that. However, the difficult part has been the paternity test because he can not travel to Colombia on a whim because of his federal job, and she will not come to the U.S. to get a paternity test done unless he pays for her flight, hotel, and all other miscellaneous expenses. She has a cousin in the state of Georgia who she keeps saying that she will go there on a tourist visa, and start the child support process from there. To me that would be interesting to see how far it can prosper as Colombia and the U.S. do not have a bilateral treaty for child support with the United Nations Please remember, he is NOT trying to avoid being responsible for the child economically, however what she is demanding ($1,500 - $2,000 per month + U.S. citizenship to then go on and claim Social Security Benefits for the child which is between $800 - $1,000) is overboard, especially from Colombia. Yesterday while I was next to him while he was talking to her on the phone, he gave her 2 options, the money, or the citizenship, and that she was not going to get money from all places for her own benefit. If she was to get the money that she is asking for, I believe she would be better than 90% of families in Colombia....if you do the math, with regards to only social security, if the kid survives from now until 50 years old due to his severe down syndrome, that would be around $450,000 - $500,000 DOLARES in Colombia. That's not including the child support at $1,500 per month, which would amount to around $324,000 ........plus social security, that's an almost self-made millionaire without doing anything.