Consular report of birth abroad correction

[psalyach 0]

Hi,

Is it possible to correct consular report of birth abroad? A child was born during my marriage, which I just recently found out through the DNA test that she is not my biological daughter. When the child was born in Thailand in March 2010, I went back to Thailand file a petition to have consular report of birth abroad and also for her United States passport. I am a US citizen and I also sponsored my wife for a CR-1 visa which she is not holding.

Things have gone so wrong since she and the baby moved here. My wife continued to see her former lover whom she had an affair with during our engagement. We are now officially divorced in Thailand where we were married. My name has also been removed from the child Thai birth certificate.

My question is how can I make a correction of the consular report of birth certificate, because the information that I am a father is no longer correct. I tried to contact the US embassy in Thailand but did not get the answer. I don't want to have any legal paternity for this child now that I've found out the truth. My wife and child moved back to Thailand. I just want to protect myself from the immigration if my ex wife returns to the US and claim for child support since my name still shows that I am a father according to the consular report of birth abroad document.

Thanks,

Tom

[milimelo 4,237]

Hi,

Is it possible to correct consular report of birth abroad? A child was born during my marriage, which I just recently found out through the DNA test that she is not my biological daughter. When the child was born in Thailand in March 2010, I went back to Thailand file a petition to have consular report of birth abroad and also for her United States passport. I am a US citizen and I also sponsored my wife for a CR-1 visa which she is not holding.

Things have gone so wrong since she and the baby moved here. My wife continued to see her former lover whom she had an affair with during our engagement. We are now officially divorced in Thailand where we were married. My name has also been removed from the child Thai birth certificate.

My question is how can I make a correction of the consular report of birth certificate, because the information that I am a father is no longer correct. I tried to contact the US embassy in Thailand but did not get the answer. I don't want to have any legal paternity for this child now that I've found out the truth. My wife and child moved back to Thailand. I just want to protect myself from the immigration if my ex wife returns to the US and claim for child support since my name still shows that I am a father according to the consular report of birth abroad document.

Thanks,

Tom

There are US Citizen services hours in the embassy where you can go and speak to consular officer.

Hours of Operation

The American Citizen Services (ACS) section of the U.S. Embassy is open to the public Monday through Friday from 7:30 a.m. - 11:00 a.m. and 1:00 p.m. - 2:00 p.m., except Thai and American holidays. Note: The American Citizen Services section is closed to the public on the last Friday of every month. Please bring your passport or other form of picture identification.

NOTE: In addition to the above dates, please note that the American Citizen Services section will also be closed on the afternoon of Friday, January 7, 2011.

Questions? For more information, please call +66-2-205-4049 from outside of Thailand or 02-205-4049 within Thailand or you may contact ACS by email at acsbkk@state.gov. The ACS fax number is +66-2-205-4103 from outside of Thailand or 02-205-4103 within Thailand.

http://bangkok.usembassy.gov/acslocationhours.html

[brian and aileen 14]

Hello, I got my baby's CRBA too from the Philippines and i hope this helps. This is a reminder that the Embassy gave me together with my son's passport and his CRBA> (one page)

IMPORTANT REMINDER:

DISCOVERED ERRORS IN THE CONSULAR REPORT OF BIRTH ABROAD (CRBA) - FS-240

Approved CRBA applications are forwarded to the Department of State once this has been done the embassy cannot make any ammendments or corrections to the CRBA Certificate (FS-240). If you discover an error in FS-240, you will need to submit a notarized request to :

US DEPARTMENT OF STATE

PASSPORT SERVICES

VITAL RECORDS SECTION

1111 19TH ST, NW, SUITE 510

WASHINGTON, DC 20522-1705

for the requirements and fees how to replace or amend a CRBA, visit the DOSwebsite www.state.travel.gov/passport/get/first/first_825.html

In your request, please make sure to include the previously issued Fs-240, or an affidavit explaining the unavailability of this document, as well as the appropriate fee (the same as for the originally issued fs-240) and documents to support the corrections that need to be made. All documents must be certified. Affidavits notarized, and requestmust include a notarized photocopy of photo identification.

hope that helps and you can get an idea now on how to correct it, maybe u can include the DNA test just make sure u notarized it ...

[Ning 619]

Hi,

Is it possible to correct consular report of birth abroad? A child was born during my marriage, which I just recently found out through the DNA test that she is not my biological daughter. When the child was born in Thailand in March 2010, I went back to Thailand file a petition to have consular report of birth abroad and also for her United States passport. I am a US citizen and I also sponsored my wife for a CR-1 visa which she is not holding.

Things have gone so wrong since she and the baby moved here. My wife continued to see her former lover whom she had an affair with during our engagement. We are now officially divorced in Thailand where we were married. My name has also been removed from the child Thai birth certificate.

My question is how can I make a correction of the consular report of birth certificate, because the information that I am a father is no longer correct. I tried to contact the US embassy in Thailand but did not get the answer. I don't want to have any legal paternity for this child now that I've found out the truth. My wife and child moved back to Thailand. I just want to protect myself from the immigration if my ex wife returns to the US and claim for child support since my name still shows that I am a father according to the consular report of birth abroad document.

Thanks,

Tom

This is a sad situation & I am sorry for you. At the same time you are lucky to have figured this out now.

I dont understand the comment that she isnt holding her visa. It would be in her passport. Did she get her G Card?

The embassy is divided into working sections. You should contact the consulate section to ask for info & help. Send email to the attention of the duty officer or director.

Also contact USCIS in the USA to inform them of the fraud committed by her to help prevent her return if she does have the Green card. I dont think a court would grant her child support even if she did return due to the DNA test you have & the lack of a birth cert indicating you are the father.

[psalyach 0]

Hello, I got my baby's CRBA too from the Philippines and i hope this helps. This is a reminder that the Embassy gave me together with my son's passport and his CRBA> (one page)

IMPORTANT REMINDER:

DISCOVERED ERRORS IN THE CONSULAR REPORT OF BIRTH ABROAD (CRBA) - FS-240

Approved CRBA applications are forwarded to the Department of State once this has been done the embassy cannot make any ammendments or corrections to the CRBA Certificate (FS-240). If you discover an error in FS-240, you will need to submit a notarized request to :

US DEPARTMENT OF STATE

PASSPORT SERVICES

VITAL RECORDS SECTION

1111 19TH ST, NW, SUITE 510

WASHINGTON, DC 20522-1705

for the requirements and fees how to replace or amend a CRBA, visit the DOSwebsite www.state.travel.gov/passport/get/first/first_825.html

In your request, please make sure to include the previously issued Fs-240, or an affidavit explaining the unavailability of this document, as well as the appropriate fee (the same as for the originally issued fs-240) and documents to support the corrections that need to be made. All documents must be certified. Affidavits notarized, and requestmust include a notarized photocopy of photo identification.

hope that helps and you can get an idea now on how to correct it, maybe u can include the DNA test just make sure u notarized it ...

Thank you very much for this valuable info. I really appreciate it. I live in Washington DC area, will consider going there in person as soon as possible.

[psalyach 0]

This is a sad situation & I am sorry for you. At the same time you are lucky to have figured this out now.

I dont understand the comment that she isn't holding her visa. It would be in her passport. Did she get her G Card?

The embassy is divided into working sections. You should contact the consulate section to ask for info & help. Send email to the attention of the duty officer or director.

Also contact USCIS in the USA to inform them of the fraud committed by her to help prevent her return if she does have the Green card. I dont think a court would grant her child support even if she did return due to the DNA test you have & the lack of a birth cert indicating you are the father.

Thank you for your sympathy. I definitely can use one as well as moving along with my life. To answer your question about my (ex) wife, she is currently holding her CR-1 visa which she received in January, 2011. I also called USCIS hotline. The officer who answered the phone informed me that I would still owe my ex wife a financial support even though we are divorced. According to the immigration officer, I am still responsible for spouse financial support until she either (a) becomes a US citizen, (b) 10 years has passed and she has received social security from employment, © permanently moved away from US, or (d) death. The Thailand divorce doesn't change that. I found this news to be very shocking and led me to reconsider continuing filing for an annulment (invalid) of our marriage based on fraud within the state of Virginia (which may be hard to prove, and I cannot predict the success of the case and/or the judge's ruling). At the time of my ex wife pregnancy, she could sincerely say that she had no idea who is the biological father of a child (since she was also dating another person at the same time as our engagement).

It is such a soap opera, I am the lest expected that it will happen to me. Now I have to undo the damage control from a very bad person. Thank you for your reading and encouragement.

[Ning 619]

Thank you for your sympathy. I definitely can use one as well as moving along with my life. To answer your question about my (ex) wife, she is currently holding her CR-1 visa which she received in January, 2011. I also called USCIS hotline. The officer who answered the phone informed me that I would still owe my ex wife a financial support even though we are divorced. According to the immigration officer, I am still responsible for spouse financial support until she either (a) becomes a US citizen, (b) 10 years has passed and she has received social security from employment, © permanently moved away from US, or (d) death. The Thailand divorce doesn't change that. I found this news to be very shocking and led me to reconsider continuing filing for an annulment (invalid) of our marriage based on fraud within the state of Virginia (which may be hard to prove, and I cannot predict the success of the case and/or the judge's ruling). At the time of my ex wife pregnancy, she could sincerely say that she had no idea who is the biological father of a child (since she was also dating another person at the same time as our engagement).

It is such a soap opera, I am the lest expected that it will happen to me. Now I have to undo the damage control from a very bad person. Thank you for your reading and encouragement.

Its too bad this women did this to you. She also did it to herself & the child. I am happy she went back to our country instead of using the U S laws to make life more difficult for you.

I am not a lawyer but I think you can divorce her in your state using the fraud as a begining point. The fact that she concealed the real fathers I D to have you marry her should convince any judge to grant you a divorce. People that are engaged dont date or sleep with others. Especially in our culture. I know it happens but it can make us lose face with everyone we know including our own family.

She knows what I am talking about & she knows she owed you the truth. To live a lie is to lie to live.

I also think you should use INFO PASS on USCIS site to meet with them in person.

I truly hope this goes well for you.

[JimVaPhuong 4,863]

Thank you for your sympathy. I definitely can use one as well as moving along with my life. To answer your question about my (ex) wife, she is currently holding her CR-1 visa which she received in January, 2011. I also called USCIS hotline. The officer who answered the phone informed me that I would still owe my ex wife a financial support even though we are divorced. According to the immigration officer, I am still responsible for spouse financial support until she either (a) becomes a US citizen, (b) 10 years has passed and she has received social security from employment, © permanently moved away from US, or (d) death. The Thailand divorce doesn't change that. I found this news to be very shocking and led me to reconsider continuing filing for an annulment (invalid) of our marriage based on fraud within the state of Virginia (which may be hard to prove, and I cannot predict the success of the case and/or the judge's ruling). At the time of my ex wife pregnancy, she could sincerely say that she had no idea who is the biological father of a child (since she was also dating another person at the same time as our engagement).

It is such a soap opera, I am the lest expected that it will happen to me. Now I have to undo the damage control from a very bad person. Thank you for your reading and encouragement.

What he's telling you is that the affidavit of support is still enforceable, even though you've divorced. This was spelled out in detail in the I-864 affidavit of support you signed. You wouldn't have been shocked by this if you'd read the contract.

What you want to do is not a simple correction of the FS-240. You're asking that the FS-240 be cancelled and the child's US citizenship be revoked. Department of State does not do this lightly. There is a complicated process involving several divisions within DoS. The process is described in 7 FAM 1441.6.

http://www.state.gov/documents/organization/86801.pdf

Contact the Office of Legal Affairs and Law Enforcement Liaison, Bureau of Consular Affairs, 2100 Pennsylvania Avenue, NW., Suite 3000, Washington, DC., telephone number 202-663-2431.

[psalyach 0]

What he's telling you is that the affidavit of support is still enforceable, even though you've divorced. This was spelled out in detail in the I-864 affidavit of support you signed. You wouldn't have been shocked by this if you'd read the contract.

What you want to do is not a simple correction of the FS-240. You're asking that the FS-240 be cancelled and the child's US citizenship be revoked. Department of State does not do this lightly. There is a complicated process involving several divisions within DoS. The process is described in 7 FAM 1441.6.

http://www.state.gov/documents/organization/86801.pdf

Contact the Office of Legal Affairs and Law Enforcement Liaison, Bureau of Consular Affairs, 2100 Pennsylvania Avenue, NW., Suite 3000, Washington, DC., telephone number 202-663-2431.

Thanks for the info. I just came back from passport service center in Washington DC. The course of action is now to write them a letter explaining the situation of removing my name from FS-240 and possibly cancel this document altogether.

Follow up from the affidavit support question, is there a way that I can prevent and/or protect myself if my ex-wife has decided to return to US and file for unemployment, support from Social Security, medicaid etc. which I will ultimately be responsible for the compansation received by the state/federal government that I will have to pay them back? Or the only option would be just hope that she will not return and file for the welfare? If such action occured, can I protect myself in court explaining my situation?

Thanks,

[milimelo 4,237]

Thanks for the info. I just came back from passport service center in Washington DC. The course of action is now to write them a letter explaining the situation of removing my name from FS-240 and possibly cancel this document altogether.

Follow up from the affidavit support question, is there a way that I can prevent and/or protect myself if my ex-wife has decided to return to US and file for unemployment, support from Social Security, medicaid etc. which I will ultimately be responsible for the compansation received by the state/federal government that I will have to pay them back? Or the only option would be just hope that she will not return and file for the welfare? If such action occured, can I protect myself in court explaining my situation?

Thanks,

If wife has never worked, she can't file for unemployment. As a new immigrant, most LPRs are ineligible for most welfare options for 5 years. If she does get any assistance, the state/federal govt can go after you for repayment as you're her sponsor.

[JimVaPhuong 4,863]

If wife has never worked, she can't file for unemployment. As a new immigrant, most LPRs are ineligible for most welfare options for 5 years. If she does get any assistance, the state/federal govt can go after you for repayment as you're her sponsor.

This is correct.

Unemployment isn't a means tested benefit - it's insurance paid for by an employer. Even if she'd worked and was eligible for unemployment they wouldn't come after you for reimbursement.

There are some types of benefits she'd be eligible for even before she's been an LPR for five years, including emergency medical treatment and CHIP (if she becomes pregnant). There's nothing you can do to stop her from applying for those benefits, and if she does then the government could demand reimbursement from you. I know it seems unfair but it wouldn't be fair to stick the taxpayers with the bill, either. That's really the whole point behind the affidavit of support - taxpayers shouldn't have to support someone elses family members who immigrate to the US.

[psalyach 0]

This is correct.

Unemployment isn't a means tested benefit - it's insurance paid for by an employer. Even if she'd worked and was eligible for unemployment they wouldn't come after you for reimbursement.

There are some types of benefits she'd be eligible for even before she's been an LPR for five years, including emergency medical treatment and CHIP (if she becomes pregnant). There's nothing you can do to stop her from applying for those benefits, and if she does then the government could demand reimbursement from you. I know it seems unfair but it wouldn't be fair to stick the taxpayers with the bill, either. That's really the whole point behind the affidavit of support - taxpayers shouldn't have to support someone elses family members who immigrate to the US.

I understand the logic. It seems like there has to be a mutual agreement somehow between us, if she chooses to return and apply for state/federal benefit. Did some reading, this is difference from spouse support (which I've learned that it won't be applicable since we were married less than two years and she has to file for spouse support within one year of separation). I understand that there is no stopping her to file for state/federal aid as a low income resident, if she chooses to. Only in this case, I will be responsible for reimbursement of the compensation received.

Do you think is there any benefit gaining by informing USCIS in person about my situation? Thks.

[JimVaPhuong 4,863]

I understand the logic. It seems like there has to be a mutual agreement somehow between us, if she chooses to return and apply for state/federal benefit. Did some reading, this is difference from spouse support (which I've learned that it won't be applicable since we were married less than two years and she has to file for spouse support within one year of separation). I understand that there is no stopping her to file for state/federal aid as a low income resident, if she chooses to. Only in this case, I will be responsible for reimbursement of the compensation received.

Do you think is there any benefit gaining by informing USCIS in person about my situation? Thks.

Ok, your timeline shows that she came to the US in December of 2010, but you said in your post that she got her visa in January of 2011. Did she ever arrive in the US? Does she have a green card? Did she subsequently return to Thailand?

If she's got a green card then she needs to file to remove conditions within 90 days before it expires. If you notify USCIS that you've divorced then they are compelled to terminate the status of the alien. They'll send her a notice that they intend to terminate her status, and she'll have to file the I-751 to remove conditions right away. If she doesn't respond within the time window they provide then her status will be terminated. This requirement is spelled out in INA section 216. If she's abroad and doesn't know anything about this then she could lose her status and your worries would be over. The risk is that if she attempts to return then CBP could parole her into the US so that she could file an I-751. On the other hand, if you get the citizenship of her child revoked then it's possible they could determine she's guilty of material misrepresentation with the CRBA. That would not only result in her losing status, but there would be no basis for CBP to parole her back into the US to appeal.

When you prepare your letter for USCIS you should include a copy of the divorce decree, and a cover letter describing the issue with the CRBA, as well as any evidence you think would be helpful to them, especially if you have evidence that indicates she knew the child wasn't yours when you filed the CRBA. Make sure you list her "A" number on the cover letter.

[psalyach 0]

Ok, your timeline shows that she came to the US in December of 2010, but you said in your post that she got her visa in January of 2011. Did she ever arrive in the US? Does she have a green card? Did she subsequently return to Thailand?

If she's got a green card then she needs to file to remove conditions within 90 days before it expires. If you notify USCIS that you've divorced then they are compelled to terminate the status of the alien. They'll send her a notice that they intend to terminate her status, and she'll have to file the I-751 to remove conditions right away. If she doesn't respond within the time window they provide then her status will be terminated. This requirement is spelled out in INA section 216. If she's abroad and doesn't know anything about this then she could lose her status and your worries would be over. The risk is that if she attempts to return then CBP could parole her into the US so that she could file an I-751. On the other hand, if you get the citizenship of her child revoked then it's possible they could determine she's guilty of material misrepresentation with the CRBA. That would not only result in her losing status, but there would be no basis for CBP to parole her back into the US to appeal.

When you prepare your letter for USCIS you should include a copy of the divorce decree, and a cover letter describing the issue with the CRBA, as well as any evidence you think would be helpful to them, especially if you have evidence that indicates she knew the child wasn't yours when you filed the CRBA. Make sure you list her "A" number on the cover letter.

My ex wife came to the US in December 2010 after the interview was approved with US embassy in Thailand. It took 4 weeks after she arrived in the US to get her actual Green card (CR-1) mailed to our home. I assume that it is valid for two years after it has been issued, I do not have the number of her green card (A-). She moved out of my house in May 22, 2011. My ex wife and the child went back to Thailand on June 1st and have remained staying there as far as I can tell. I think the main reason she moved out from my house was because she wanted to reunite with her former lover whom she had a child with, not knowing that her former lover would not be responsible for anything and even denied supporting their child at this point (very sad). At the same time, I filed a lawsuit asking for an annulment of marriage based on the DNA evidence of a child, one day before she left US.

It is become an issue whether I do want to cancel CRBA. I am torn. Some say that I may want to choose to ignore this request and give the child a chance to remain a US citizen. Others said that I should do what is right, since I am not a father, I should not think twice about canceling FS-240. Leaving my name as a father in CRBA, I am obligated to paternity responsibility. I wonder if I went ahead and cancel FS-240, will the child's US passport be revoked automatically?

I have another US pending lawsuit, I filed for an annulment of our marriage with the state of Virginia. I am not sure whether I should continue this lawsuit and it is costing legal fees -- and since I've already got officially divorced under Thai law. (we were married in Thailand). According to the immigration officer who answered the phone, if the judge's ruling that our marriage is invalid because of the fraud intent, it will be another legitamate reason that I can be exempt from reimubursing any financial compensation from the state/federal benefit should my wife choose to return to US and file for assistance. I can't tell for sure whether she will or not with a young child and her parents may not let her take her child to come to US without any job and/or anyone to support them.

Thanks for the tip about USCIS, I will definitely report to them that I am officially divorced.

[JimVaPhuong 4,863]

The child has no right to US citizenship. If the FS-240 is revoked then the child's passport will also be revoked. If you knowingly allow the child to retain it's US citizenship even though it's not your biological child then you could be found complicit in a crime. Do the right thing.

Neither divorce or annulment terminates your obligations under the I-864. These terms are clearly laid out in the contract portion of the document. It really has nothing to do with what's fair as far as terminating your relationship with her, and everything to do with protecting the taxpayers. Your best hope now is that she loses her conditional resident status. That will terminate your obligations under the affidavit of support.