Jump to content
Sign in to follow this  
doggie

apply for US citizenship for son at embassy?

23 posts in this topic

Recommended Posts

Filed: Country: Czech Republic
Timeline

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 by doggie

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Nigeria
Timeline

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.


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites
Filed: Country: Czech Republic
Timeline

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 by doggie

Share this post


Link to post
Share on other sites
Filed: Country: Czech Republic
Timeline
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?

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
Filed: Country: Nicaragua
Timeline

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

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.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites
Filed: Country: Czech Republic
Timeline

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.

Share this post


Link to post
Share on other sites

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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

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.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

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.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites
Filed: Country: Czech Republic
Timeline

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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...