apply for US citizenship for son at embassy?

[doggie 0]

I'm an American citizen living in Czech with my wife and 7 year old son. He is not my biological son, but two years ago my wife and I had my name placed on his birth certificate; thereafter, by Czech law, I am his one and only father with all rights and responsibilities thereof. His biological father is Vietnamese, lives in Vietnam, and is completely absent from the picture; I have been the only father my son has ever known.

The company I work for is recalling me back to the US; I actually have to return in a couple weeks. My wife and son will remain in Czech until July or possibly August. Idiotic of me, I know, but I didn't know America allowed dual-citizenship, and since we had planned to live in Czech indefinitely, I didn't make any efforts to get citizenship for him over the last couple years. But I just found out recently that he can, in fact, be both Czech and American, so I downloaded the paperwork (application for US passport, application for consular report of birth) and we have a meeting with a consular official next week to apply for his citizenship and passport. One catch: to do this, he must be my biological son.

We have all the forms filled out; now we must go before a consular official, declare that to the best of my knowledge he is my biological son, and sign the documents. If we do this... what is the likelihood we will get in trouble? ...and/or ruin the chances of his attaining US citizenship through a slower, more disruptive, and more expensive route? He's a little bit darker than my wife and I, so that's a possible flag. I figured if worse comes to worse: we could at least go to the meeting, talk to the consular official, say we *think* he's my son... and see what he says. What do you think?

Edited May 1, 2012 by doggie

[Velociraptor 0]

I'm not sure but,first an adopted son must have all the rights of a biological son. Second, you should not take the risk to lie about it and third, If there is a doubt they might require a DNA test.

So I would advise to just do it right even if it's gonna take a bit longer.

Good luck.

[NigeriaorBust 4,087]

If you present the child as your biological son there is a very good chance they will ask for DNA and if it comes back negative then your "son" may be banned for life. A rough price to pay. Better to do things above board. If he is recognised as your adopted son he can still become a USC and no need to lie.

[doggie 0]

Thanks. Your answer raises a problem we have going the other route (I-130): he's not my adopted son. I never adopted him: by Czech law--because there was no father declared on the original birth certificate--we simply had my name added. No lawyers, no adoption, just a few forms to sign, and that was it. Here in the Czech Republic: I am his father. Not his adoptive father, not his step-father, not his biological father; simply "father". Again: I'm on the birth certificate.

On the I-130 Petition for Alien Relative, there's a check box: "Are you related by adoption?" The answer: no. In fact, our relationship doesn't fit into any of these categories: again, he's not adopted, he's not biological, he's not a step-son...

Edited May 1, 2012 by doggie

[doggie 0]

If you present the child as your biological son there is a very good chance they will ask for DNA and if it comes back negative then your "son" may be banned for life.

suppose we go to the meeting and confess: I'm the only father he's ever known and we *think* he's my son but not sure... then would there be any penalty? If they say, "well, if you're not sure than we'll have to do a DNA test..." can't we then simply not submit the paperwork and retreat without penalty?

[Velociraptor 0]

This looks tricky. You might consider requesting the service of a lawyer, because like you point it out a son is either natural or adopted.

Another way is to have the birth certificate revoked, with a new one mentioning "father: Unknown". And then proceed with the adoption.

Either way you might need a lawyer and it's definitely gonna take some time.

[Onituan 0]

My friend. Don't do this. The best way is to summits an application for your wife so he can come under cr-2 category. The other option is adoption and I think is the te way to do this. but don't lie.

Is not good for your record and they will decline your petition anyways. There are not stupid they do know everything.

[LIFE'SJOURNEY 970]

Doggie, you seem to be all over the place with a lot of mis-placed information, I would suggest that you take a step back and look at all of the legal documents that you and your wife has submitted to the US government and review what conflicting information you'll have given that can be used against your wife in her path to try to immigrate to the US

This includes any forms she has filled out on planes/trains and cars that the US government have access to.

[LIFE'SJOURNEY 970]

Doggie has a number of posts out here within VJ that has some distrubing information, here is anotherhttp://www.visajourney.com/forums/topic/365646-apply-for-us-citizenship-for-son-at-embassy/page__gopid__5344512#entry5344512. In given advise that many are not quite sure on I would ask that many tread lighly because the wrong information can caue this family a life time ban.

[Anh map 2,098]

suppose we go to the meeting and confess: I'm the only father he's ever known and we *think* he's my son but not sure... then would there be any penalty? If they say, "well, if you're not sure than we'll have to do a DNA test..." can't we then simply not submit the paperwork and retreat without penalty?

Don't try to game the system. And don't lie. It can only blow up in your face and likely cause huge stress for you and your family.

Do the necessary work to find out the proper way for this to be done. It may take longer, but it will less stressful.

[doggie 0]

thanks, Onituan, perhaps you're right. Either way, I have to go to the embassy for other reasons, so I'll at least talk with embassy staff--perhaps even a consular officer--and ask what we can do given that I'm on the birth certificate but we're not sure whether or not I'm the father.

[Harpa Timsah 13,258]

thanks, Onituan, perhaps you're right. Either way, I have to go to the embassy for other reasons, so I'll at least talk with embassy staff--perhaps even a consular officer--and ask what we can do given that I'm on the birth certificate but we're not sure whether or not I'm the father.

You KNOW you are not the father. Your name on the BC does not make you his father. The consulate will ask for DNA and your case will be denied. I guess you haven't done any research but you cannot lie and misinform and make it out alive with immigration. You are risking a lifetime ban for your family for material misrepresentation, with no possible waiver. You petition for your son as a underage child for an immigrant visa just like your wife, you do not pretend you aren't aware of his parentage and try to get him citizenship.

No one on this board is going to help you commit fraud. He is NOT your biological son, and you know it.

[ceadsearc 515]

I would suggest you consult with a lawyer. I know you say in the Czech you are his father, not adopted father, but it doesn't work that way in America. So I would imagine you may need to go through some paperwork/adoption process on the American side first OR petition him for an immigrant visa as a stepchild. Doesn't mean he can't come here but you need to go about it legally. By blood he is not American so he could be banned if you do not go about it properly.

[Anh map 2,098]

thanks, Onituan, perhaps you're right. Either way, I have to go to the embassy for other reasons, so I'll at least talk with embassy staff--perhaps even a consular officer--and ask what we can do given that I'm on the birth certificate but we're not sure whether or not I'm the father.

You need to move on from this fantasy. You know the answer. A DNA test will unravel your story.

Consult with a qualified US immigration attorney to learn the steps needed to have your family joint you in the US.

[doggie 0]

You need to move on from this fantasy.

that's why I'm here, Anh, to see if it's fantasy or not. If a few folks chimed in with: you might at least test the waters, get a feel for the consular officer's temperament, you won't risk anything by showing up with unsigned documents, etc... I might have tried it. But such hasn't been the case, so looks like Plan B.

so, Plan B: I'm actually not even American, but Mexican. If my family and I fly to Tijuana and cross the border at night, what are the chances that...

...just kiddin'. And seriously: thanks, all, for the advice.