Need Ideas please

[Ann25 4]

Okey, I need to put this in a new thread.

YOu know I need to ask for fathers consent and the CRBA.

What would you do if you ask for fathers consent and your ex would reply you by asking 10,000 in exchange for the fathers consent?

Can that be a thing for them to see that he nevered cared for his daughter? Can I just send his email to the US consulate proving what kind of father he is? Or is there other way proving what kind of father he is...

[pushbrk 12,969]

Okey, I need to put this in a new thread.

YOu know I need to ask for fathers consent and the CRBA.

What would you do if you ask for fathers consent and your ex would reply you by asking 10,000 in exchange for the fathers consent?

Can that be a thing for them to see that he nevered cared for his daughter? Can I just send his email to the US consulate proving what kind of father he is? Or is there other way proving what kind of father he is...

The Consular IV unit doesn't care what kind of father he is. They asked you to pursue the CRBA to rule in or out whether the child is entitled to US Citizenship. Quality of parenting or character has nothing to do with your child's eligibility for US citizenship.

[JimVaPhuong 4,863]

Okey, I need to put this in a new thread.

YOu know I need to ask for fathers consent and the CRBA.

What would you do if you ask for fathers consent and your ex would reply you by asking 10,000 in exchange for the fathers consent?

Can that be a thing for them to see that he nevered cared for his daughter? Can I just send his email to the US consulate proving what kind of father he is? Or is there other way proving what kind of father he is...

The consulate doesn't care what kind of father he is. They care that he may have legal rights as a parent, and they don't want to be a party to a potential international parental child abduction.

If money is so important to him, then sue his a$$ for child support. Agree to withdraw your lawsuit only if he agrees to cooperate with the CRBA and permission for your daughter to immigrate.

[pushbrk 12,969]

The consulate doesn't care what kind of father he is. They care that he may have legal rights as a parent, and they don't want to be a party to a potential international parental child abduction.

If money is so important to him, then sue his a$$ for child support. Agree to withdraw your lawsuit only if he agrees to cooperate with the CRBA and permission for your daughter to immigrate.

I'm not at all sure the Consulate is concerned about his rights as a parent. They might be but they are certainly concerned about whether the child is entitled to US Citizenship and want to determine that before treating the child like a foreigner by issuing a K2 visa.

[Ann25 4]

I'm not at all sure the Consulate is concerned about his rights as a parent. They might be but they are certainly concerned about whether the child is entitled to US Citizenship and want to determine that before treating the child like a foreigner by issuing a K2 visa.

Yes but we are thinking that we can't file the CRBA without his help. All the requirements comes from him, not from me. Thinking that, I cant get to file the CRBA or fathers consent because he wants 10,000 dollars. JUST OUR THOUGHTS. MAYBE WRONG.

[thongd4me 69]

CRBA Info

I don't think his input is that necessary (it would be nice) to get the CRBA,

but if you want to sue for support, as others have said the consulate won't

care because that is an issue outside of passport/immigration questions.

Obviously you can't sue in the US but I'm wondering if a Thai court could

mandate a DNA test. It would be better for him to voluntarily submit to it.

The consulate can't help with records regarding his entry to Thailand (to

show he and you were there at the same time).

I would hope that his name on the birth certificate and documentation you

have of your relationship to him will be enough for the CRBA, but if not

then they would demand a DNA test. I don't know if they can force him to

do that. It would be good if you had an email from him or a recording

or something in writing showing that he was trying to shake you down

for $10K. Extortion is not nice anywhere, especially when you are the victim.

If that can be proven, I don't see how they could demand that he needs to

approve of your daughter getting a passport. , I believe parental approval

is only needed if there is a flight risk FROM the US, not TO it.

Edited March 21, 2010 by thongd4me

[LIFE'SJOURNEY 970]

Ann, we can not solve your custody issue here within this VJ journey. I know you are feeling like your back is up against the wall, but why don't you consult a good lawyer and work within the guidance they will offer you. What everyone is trying to tell you is, it is not up to the embassy to judge if someone is a good parent or not it is about the US laws and how the laws will be/or have been interpert. If you want sole custody then take the father to court and let the court system decide this.

You and your US SO need to talk to a lawyer about what will be your options in this case.

Everyone who is involved with this issue have some rights, you, the child, and the father of the child. With that being said please note; the US govt will protect the rights of it's citizens if it is determine that either of the parties have a right to US citizenship.

As a mother myself, I do understand your desperation in trying to find a solution, but there is no way around what have been requested by the Manila embassy.

Edited March 21, 2010 by LIFE'SJOURNEY

[LIFE'SJOURNEY 970]

CRBA Info

I don't think his input is that necessary (it would be nice) to get the CRBA,

but if you want to sue for support, as others have said the consulate won't

care because that is an issue outside of passport/immigration questions.

Obviously you can't sue in the US but I'm wondering if a Thai court could

mandate a DNA test. It would be better for him to voluntarily submit to it.

The consulate can't help with records regarding his entry to Thailand (to

show he and you were there at the same time).

I would hope that his name on the birth certificate and documentation you

have of your relationship to him will be enough for the CRBA, but if not

then they would demand a DNA test. I don't know if they can force him to

do that. It would be good if you had an email from him or a recording

or something in writing showing that he was trying to shake you down

for $10K. Extortion is not nice anywhere, especially when you are the victim.

If that can be proven, I don't see how they could demand that he needs to

approve of your daughter getting a passport. ,

I believe parental approval

is only needed if there is a flight risk FROM the US, not TO it.

Please don't quote incorrect information, protecting the rights of parents and children are International Laws. Most every country has a Genevia (sp) Law that states it will protect the rights of parents and their children to stop parents from deducting their children and settling in another country because they now are un-happy with the custody decisions or parents visitation rights that have been granted to the other parent.

[pushbrk 12,969]

Please don't quote incorrect information, protecting the rights of parents and children are International Laws. Most every country has a Genevia (sp) Law that states it will protect the rights of parents and their children to stop parents from deducting their children and settling in another country because they now are un-happy with the custody decisions or parents visitation rights that have been granted to the other parent.

I think you mean "abduct".

Yes countries protect the rights of parents. However, this child was born to an unwed Filipina, in the PI. Under Philippine law, the mother has full custody. As a US Citizen, the father might have the ability to sue for certain parental rights and perhaps succeed but since that is not the issue at hand, it really is not relevant at this time.

Consular Officers in Bangkok know the mother has full custody and doesn't need the father's permission to obtain a K2 visa. The issue is all about whether the child is eligible for US Citizenship instead of a K2 visa. They have ordered that this issue be resolved prior to issuing the K2 visa. As Ann earlier wrote in another thread, "2. US embassy in Thailand - dont know if could call or ask them but I remember so far that when I asked the one who gave me the interview about, what if I cant get hold with the father? She said, just try and if not, they will do it. NOt really sure what it meant as I wasn't able to ask her back because she was a strict and I was nervous at that time." which if accurate, indicates Ann can file the DS-2029 indicating her inability to obtain the needed supporting documents from the USC father.

Other data previously posted indicates Bangkok would then send the application to the PI (country of the child's birth and USC parent's residence) for processing. This processing would include the Consulate contacting the US Citizen for the needed documentation. Once the CRBA process is complete the child will either be issued a US passport or found ineligible for US Citizenship. With a US passport, no K2 visa is required. If the child is found ineligible for US Citizenship, the notice indicating this would be presented to the Consular IV unit in Bangkok, where a K2 visa would be issued if the child is otherwise eligible for derivative status through the K1 applicant.

It seems to me that Ann is looking for a way around this. I can certainly understand such a desire, since it is likely to be a time consuming and potentially expensive process. However, it's my considered advice that she's better off getting on with the CRBA instead of looking for ways around it, as Bangkok has clearly stated there will be no K2 visa until the issue of the child's eligibility for US Citizenship is sorted out.

[Ann25 4]

I think you mean "abduct".

Yes countries protect the rights of parents. However, this child was born to an unwed Filipina, in the PI. Under Philippine law, the mother has full custody. As a US Citizen, the father might have the ability to sue for certain parental rights and perhaps succeed but since that is not the issue at hand, it really is not relevant at this time.

Consular Officers in Bangkok know the mother has full custody and doesn't need the father's permission to obtain a K2 visa. The issue is all about whether the child is eligible for US Citizenship instead of a K2 visa. They have ordered that this issue be resolved prior to issuing the K2 visa. As Ann earlier wrote in another thread, "2. US embassy in Thailand - dont know if could call or ask them but I remember so far that when I asked the one who gave me the interview about, what if I cant get hold with the father? She said, just try and if not, they will do it. NOt really sure what it meant as I wasn't able to ask her back because she was a strict and I was nervous at that time." which if accurate, indicates Ann can file the DS-2029 indicating her inability to obtain the needed supporting documents from the USC father.

Other data previously posted indicates Bangkok would then send the application to the PI (country of the child's birth and USC parent's residence) for processing. This processing would include the Consulate contacting the US Citizen for the needed documentation. Once the CRBA process is complete the child will either be issued a US passport or found ineligible for US Citizenship. With a US passport, no K2 visa is required. If the child is found ineligible for US Citizenship, the notice indicating this would be presented to the Consular IV unit in Bangkok, where a K2 visa would be issued if the child is otherwise eligible for derivative status through the K1 applicant.

It seems to me that Ann is looking for a way around this. I can certainly understand such a desire, since it is likely to be a time consuming and potentially expensive process. However, it's my considered advice that she's better off getting on with the CRBA instead of looking for ways around it, as Bangkok has clearly stated there will be no K2 visa until the issue of the child's eligibility for US Citizenship is sorted out.

Thank you PUSHBRK for the information.

Yes, we really are going to seek for immigration attorney but since it was week-end, can't help stop thinking of this situation and was thinking to hear some ideas for people who might have the same situations with mine. Who knows, there are billions in this world, maybe atleast 2 or 3 have the same situation of mine.