child of a US citizen able to come to US even though we cannot file the passport yet

[my_lany_23 0]

hi everyone,

I have, what I think, a huge problem. I travelled to germany pregnant in march 2013 to check on my very ill mother. As I got there I encountered some complications during my pregnancy and remained in germany until now november 2013.

My child now is born and we want to return to the United States. Now, here comes my problem.. I have a green card my son is dual citizen. The problem is I am still married but filed divorce as soon as i found out i had to stay in germany till the end of pregnancy. I was originally going to file it when I returned to the US. Anyway, now the german courts do not want to approve for the divorce to be filed here coz I have been living in the US for the past 5 years and married,lived and separated there.

I am separated from my husband for now little bit more than 2 years. However, the dad of my child (US citizen as well) cannot apply for my daughters US passport as far as we know until the divorce is finalized.

Now, how can I take my daughter with me to the US to finalize the divorce and therefore to take care of her papers when we are there... Any help is highly appreciated, because I want to return to the US asap so I won't get any more issues as necessary to get back into the US

Edited November 6, 2013 by my_lany_23

[Penguin_ie 5,994]

Are both men accepting of the situation? Ie would your still-husband be willing to sign a declaration that this is not his baby, and the boyfriend sign one that it IS his baby? If so, doing CRBA (COnsular Record of Birth Abroad) with the bio dad should be possible, I think.

[newacct 688]

Are both men accepting of the situation? Ie would your still-husband be willing to sign a declaration that this is not his baby, and the boyfriend sign one that it IS his baby? If so, doing CRBA (COnsular Record of Birth Abroad) with the bio dad should be possible, I think.

I think a declaration from the husband shouldn't be necessary for the CRBA -- it's not his child. Since the child was born out of wedlock, the bio dad needs to sign a written statement that he will support the child until 18, in order for the child to have U.S. citizenship. The consulate can make the determination of who is the bio dad.

But that doesn't mean the baby can get a passport. That requires agreement from the parents with custody.

[jan22 3,056]

I think a declaration from the husband shouldn't be necessary for the CRBA -- it's not his child. Since the child was born out of wedlock, the bio dad needs to sign a written statement that he will support the child until 18, in order for the child to have U.S. citizenship. The consulate can make the determination of who is the bio dad.

But that doesn't mean the baby can get a passport. That requires agreement from the parents with custody.

Actually, the child was born in wedlock -- just not the biological offspring of the husband in the marriage, right? This means that, by law, there is a presumption that the husband is the father of the child. But, it's not the end of the world.

A key question -- who is listed on the birth certificate as the father? If it is the actual biological father, no problem -- he can apply for the Consular Report of Birth Abroad for the baby (and the passport).

Husband on the birth certificate? Somewhat of a problem -- but, the biological father can still apply, you can explain at the CRBA interview and they will likely require DNA testing. The only concern of the consular officer is the biological relationship to the US citizen parent.

No father listed on the BC? Same process -- father applies, DNA testing, and viola! The CRBA and passport.

The biological father does have to sign an agreement to support the child until he/she is 21.

[Ryan H 3,813]

Moved from What Visa Do I Need - Family Based Immigration forum to CRBA forum.

[my_lany_23 0]

thanks to everyone for your help. Well, my "still-husband" is listed as father on the birth certificate because it is presumed here too that the husband is the father of the child. My boyfriend and father of my baby already signed to be the biological dad and that he will support the child here at the german government office. IS this good enough? or do I need to ask him to write me another paper that he will support the child. Is it easier just to wait out the divorce which is already ongoing for 2 years? and then file the Certificate and child birth abroad... ???

[jan22 3,056]

thanks to everyone for your help. Well, my "still-husband" is listed as father on the birth certificate because it is presumed here too that the husband is the father of the child. My boyfriend and father of my baby already signed to be the biological dad and that he will support the child here at the german government office. IS this good enough? or do I need to ask him to write me another paper that he will support the child. Is it easier just to wait out the divorce which is already ongoing for 2 years? and then file the Certificate and child birth abroad... ???

Might as well tackle it now -- the divorce won't have changed the circumstances at the time of the birth of the baby. When the paperwork is filed for the CRBA, there is usually a form included that he (the biological father) will need to sign about support. don't worry -- I'm sure it won't be the first time that the consular staff have seen a situation like yours.

[my_lany_23 0]

Are both men accepting of the situation? Ie would your still-husband be willing to sign a declaration that this is not his baby, and the boyfriend sign one that it IS his baby? If so, doing CRBA (COnsular Record of Birth Abroad) with the bio dad should be possible, I think.

yes have already done those for the german government, I am just not sure how it would work with the US

[my_lany_23 0]

hi everyone, thank you all for your help.. I took you guys advise by heart and went to the Consulate... And she is getting her US Passport, the report of birth abroad and SSN thanks again for all your help - it is highly appreciated

Edited November 25, 2013 by my_lany_23