Biological Child of US Citizen born abroad

[BB Family 299]

Just need some help regarding this particular situation. Ive known for sometime that i may have a child in Mexico. The childs age is 15 and we finally made contact with each other on social media. Id like to give her the opportunity to have a life in the US and shes interested in taking that opportunity. I will send her an at home DNA test before we do any paper work with USCIS. Once the test is positive, where should i start?

From my researching, i believe i must go to an accredited DNA facility to give my specimen, and have the Facility mail a test to the consulate in Mexico. Once they receive it they will contact them so that the test can be conducted in front of a USCIS officer. Once the specimen is taken it will be sent back to the facility for the testing. And the results will be sent back to the consulate. And some facilities will send the results to all parties. I know about having the fee ready to be paid to the consulate for the test, and also a receipt for the test itself paid to the facility before hand. So one of my questions, is there any point during this process or the entire process of getting her citizenship will we be required to be at the same location? Another issue we may have is at the age of 15 shes still a minor and i assume must be accompanied by an adult during the process. However her mother is against having me in her life at all, she denies anything ever happen between us, and told her not to ever contact me. 

Any way, do i need to complete any documentation before attempting the DNA test or can we do that first and then file everything after the results are received by the consulate? Thank you all for your help. 

[Coco8 1,039]

Were you a US citizen when she was born?

 

It does not matter if the mother does not want anything to do with you. You have to prove and acknowledge paternity. Also, you can also do this as long as she is under 18 so you should definitely move on this.

 

Here is from USCIS:

• A blood relationship between the person and the father is established by clear and convincing evidence,
• The father had the nationality of the United States at the time of the person’s birth,
• The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
• While the person is under the age of 18 years one of the following occurs:
  • The person is legitimated under the law of the person’s residence or domicile
  • The father acknowledges paternity of the person in writing under oath, or
  • The paternity of the person is established by adjudication of a competent court 

[BB Family 299]

Yes, ive been US Citizen since birth. Thats good that it doesn't matter what the mother wants lol. Right now she is just scared if her mother discovers that she is talking to me, she will put a stop to it and then prevent any of this from happening. As for proving paternity, ill obviously acknowledge it , but will support it with a DNA test given by the accredited facility on the USCIS,  the nearest being the one in Atlanta. 

 

Do i need to file the I-130 before i begin the DNA process or can it be done after the consulate receives the results? Thanks again.

[Coco8 1,039]

1 hour ago, Barker Family said:

Yes, ive been US Citizen since birth. Thats good that it doesn't matter what the mother wants lol. Right now she is just scared if her mother discovers that she is talking to me, she will put a stop to it and then prevent any of this from happening. As for proving paternity, ill obviously acknowledge it , but will support it with a DNA test given by the accredited facility on the USCIS,  the nearest being the one in Atlanta. 

 

Do i need to file the I-130 before i begin the DNA process or can it be done after the consulate receives the results? Thanks again.

 

I don't think you need a i-130. I believe those are only to get visas to relatives of US citizens. What you are trying to do is to get her citizenship, not a green card.

 

I'm not familiar with the process. It seems from what I've read the once you have DNA test and do a statement acknowledging her as your daughter (probably a lawyer should do this for you and you need some seals to make it valid), that should be enough for her to get citizenship.  

 

Edited November 19, 2017 by Coco8

[belinda63 2,981]

You will need to file for a Consular Report of Birth Abroad. This will have to be done at the US embassy in Mexico. Not sure how you do that from the US. They will request a DNA test and provide a facility or list of facilities at which it must be done. The results will be provided directly to them to prevent any tampering. 

First step would be to Google CRBA Mexico and read up on the process.

[BB Family 299]

Thanks a lot. I’ll look into that. 

[BB Family 299]

I know you said it doesnt matter if the mother doesnt want anything to do with me, however what do i do if her mother does not assist in her getting her citizenship? She is only 15, so I doubt she can go to the embassy/consulate alone to do take the DNA swab, and also complete any paperwork required after that. Unless im wrong any one under 18 cant sign any legal documents without a parent or guardian. Thanks again for the help.

On ‎11‎/‎19‎/‎2017 at 2:39 PM, Coco8 said:

Were you a US citizen when she was born?

 

It does not matter if the mother does not want anything to do with you. You have to prove and acknowledge paternity. Also, you can also do this as long as she is under 18 so you should definitely move on this.

 

Here is from USCIS:

• A blood relationship between the person and the father is established by clear and convincing evidence,
• The father had the nationality of the United States at the time of the person’s birth,
• The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
• While the person is under the age of 18 years one of the following occurs:
  • The person is legitimated under the law of the person’s residence or domicile
  • The father acknowledges paternity of the person in writing under oath, or
  • The paternity of the person is established by adjudication of a competent court 

 

[Coco8 1,039]

17 minutes ago, Barker Family said:

I know you said it doesnt matter if the mother doesnt want anything to do with me, however what do i do if her mother does not assist in her getting her citizenship? She is only 15, so I doubt she can go to the embassy/consulate alone to do take the DNA swab, and also complete any paperwork required after that. Unless im wrong any one under 18 cant sign any legal documents without a parent or guardian. Thanks again for the help.

 

 

Some consulates required 16+ year olds to do interviews for visas. Parents are not required at the interview. Also, you are the one doing the paperwork for her. 

 

The issue would be if she does not live close to the consulate and she cannot go on her own. 

 

 

Edited December 3, 2017 by Coco8

[BB Family 299]

7 minutes ago, Coco8 said:

 

Some consulates required 16+ year olds to do interviews for visas. Parents are not required at the interview. Also, you are the one doing the paperwork for her. 

 

The issue would be if she does not live close to the consulate and she cannot go on her own. 

 

 

That's good to know. I wasn't sure if the consulate would have her sign anything. She lives within an hour from the consulate so I think we will be fine with that. I think it will be for the CRBA instead of visa. Would the mother be required for that?

[Coco8 1,039]

4 hours ago, Barker Family said:

That's good to know. I wasn't sure if the consulate would have her sign anything. She lives within an hour from the consulate so I think we will be fine with that. I think it will be for the CRBA instead of visa. Would the mother be required for that?

 

I think you are the one that would have to be present. The mother is not American so she is not needed. She does not have to agree to anything and she has no rights in the matter.

Edited December 3, 2017 by Coco8