K2 Question

[SH&E 0]

My 3 year old daughter is an Ecuadorian citizen can she come under a K2 visa even if her father is a US citizen and he will not do her citizenship, someone just told me this: "...and you represent her as NOT American that is visa fraud and you could be barred from the country in the future." I just dont understand because she is ecuadorian she is not a US citizen and I dont even know how to contact her father he does not have anything to do with his daughter and I have sole custody.

[payxibka 10,045]

My 3 year old daughter is an Ecuadorian citizen can she come under a K2 visa even if her father is a US citizen and he will not do her citizenship, someone just told me this: "...and you represent her as NOT American that is visa fraud and you could be barred from the country in the future." I just dont understand because she is ecuadorian she is not a US citizen and I dont even know how to contact her father he does not have anything to do with his daughter and I have sole custody.

you need to address this with the embassy directly... if she has a claim to us citizenship she IS a us citizen, as well as ecuadorian.

[JimVaPhuong 4,863]

My 3 year old daughter is an Ecuadorian citizen can she come under a K2 visa even if her father is a US citizen and he will not do her citizenship, someone just told me this: "...and you represent her as NOT American that is visa fraud and you could be barred from the country in the future." I just dont understand because she is ecuadorian she is not a US citizen and I dont even know how to contact her father he does not have anything to do with his daughter and I have sole custody.

A child born anywhere in the world with one biological parent who is a US citizen will usually have a claim to US citizenship. There are two exceptions; if the parent wasn't a US citizen at the time the child was born, or if the US citizen parent didn't meet the US residency requirements to pass citizenship to a foreign born child.

A child's claim to US citizenship is dependent only on their having a qualified US citizen as a biological parent. It isn't dependent on that US citizen parent's permission for the child to become a US citizen. The US citizen parent does not have the power or authority to withhold citizenship from the child. However, it can be dramatically more difficult to prove the child's claim to US citizenship if the US citizen parent won't cooperate.

Most US consulates will not issue a visa to a child who has a claim to US citizenship. They will instead insist on the child's claim to citizenship being processed, and the child receiving a US passport. They may make an exception if the US citizen parent will not cooperate. For example, if he claims he's not the child's parent then the US consulate is powerless to compel him to prove otherwise. Only a court in the US could do that, and I doubt the consulate is going to make you file a paternity case against him just so you can get a US passport for your daughter. In fact, in some US states that would be impossible because you'd have to be physically present in the state to file the lawsuit.

Send an email to the consulate and explain your situation. Just don't lie on any documents or forms you submit to them.

[baron555 934]

A child born anywhere in the world with one biological parent who is a US citizen will usually have a claim to US citizenship. There are two exceptions; if the parent wasn't a US citizen at the time the child was born, or if the US citizen parent didn't meet the US residency requirements to pass citizenship to a foreign born child.

A child's claim to US citizenship is dependent only on their having a qualified US citizen as a biological parent. It isn't dependent on that US citizen parent's permission for the child to become a US citizen. The US citizen parent does not have the power or authority to withhold citizenship from the child. However, it can be dramatically more difficult to prove the child's claim to US citizenship if the US citizen parent won't cooperate.

Most US consulates will not issue a visa to a child who has a claim to US citizenship. They will instead insist on the child's claim to citizenship being processed, and the child receiving a US passport. They may make an exception if the US citizen parent will not cooperate. For example, if he claims he's not the child's parent then the US consulate is powerless to compel him to prove otherwise. Only a court in the US could do that, and I doubt the consulate is going to make you file a paternity case against him just so you can get a US passport for your daughter. In fact, in some US states that would be impossible because you'd have to be physically present in the state to file the lawsuit.

Send an email to the consulate and explain your situation. Just don't lie on any documents or forms you submit to them.

Follow this advice to the letter. You must establish a dialogue with the Embassy and get their instructions as how to proceed.

[SH&E 0]

A child born anywhere in the world with one biological parent who is a US citizen will usually have a claim to US citizenship. There are two exceptions; if the parent wasn't a US citizen at the time the child was born, or if the US citizen parent didn't meet the US residency requirements to pass citizenship to a foreign born child.

A child's claim to US citizenship is dependent only on their having a qualified US citizen as a biological parent. It isn't dependent on that US citizen parent's permission for the child to become a US citizen. The US citizen parent does not have the power or authority to withhold citizenship from the child. However, it can be dramatically more difficult to prove the child's claim to US citizenship if the US citizen parent won't cooperate.

Most US consulates will not issue a visa to a child who has a claim to US citizenship. They will instead insist on the child's claim to citizenship being processed, and the child receiving a US passport. They may make an exception if the US citizen parent will not cooperate. For example, if he claims he's not the child's parent then the US consulate is powerless to compel him to prove otherwise. Only a court in the US could do that, and I doubt the consulate is going to make you file a paternity case against him just so you can get a US passport for your daughter. In fact, in some US states that would be impossible because you'd have to be physically present in the state to file the lawsuit.

Send an email to the consulate and explain your situation. Just don't lie on any documents or forms you submit to them.

He was supposed to do it last July we had all the paperwork and forms done for the appointment at the US consulate but he never showed up days later he came with the excuse he forget he went back to the US without saying a word I have no idea how to contact him. I went days later to the consulate and they told me that I can not do it my self for the simple reason "how they are going to proof he is her father" he register her as his daughter after she was born she has his last name and there is lots of evidence she is, but looks like for the consulate its not enough he has to be here and do it

Edited January 3, 2012 by SH&E