My step-son denied CR2 at interview saying he is USC (though abandoned 3 years ago by USC)

[iamatemple 8]

My wife became pregnant and delivered a son born to a USC biological donor.

For some reason they stayed around for one year then left her and the child without support or contact.

Years later we have become married and filed for CR1 (conditional residence) for her and CR2 for her son (my step-son, though he's not called that of course)

At her interview the embassy checked and denied the CR2 application to our shock and they said he is a USC due to the biological donor being a USC.

My wife was sent to see ACS (American Citizen Services) upstairs in US embassy Manila, but the security and a lady stopped her from going up there saying she needed an appointment.

Unpleasant, but, at least my wife's passport was taken and after sending in some paperwork she'll have her visa delivered.

My concern is that I see no reason why it couldn't have been dealt with while she was there as she had everything we could possibly have to take care of the matter to my knowledge.

She has an affidavit explaining she was abandoned and no support has come in many years and I believe it was also notarized there in the Philippines.

The NSO BC (birth certificate) shows the donor's signature and also that he acknowledges in the checkbox himself as the "father"

We have no way to contact the donor as he left long ago and has jumped from filipina to filipina seemingly enjoying himself in the Philippines. (at the expense of the naive that allow him to do so)

My searching has brought up many dead ends and disconnected phone numbers without the success of a human of the other end, except for one wrong person of a different name.

I read that illegitimate children are automatically full custody of the filipina mother and also able to travel without permission of the long gone donor.

Anyone with knowledge in this area able to correct my thinking or to clue us in before setting an appointment to go for the CRBA (Consular Report of Birth Abroad) in Manila?

Already wrote an email to ACSInfoManila@state.gov to see what they are able to say though this is the weekend so no answer yet.

Also hoping to send some documents requested from interview by fax as I don't have 2go here in the states to my knowledge.

[Harpa Timsah 13,258]

It is true that she has custody of the child, but she needs the donor information to claim the child's USC status. The US gov won't give visas to people who are USCs because USCs don't need visas.

Complex case, for sure. If he stayed around for a year he sounds like more than a donor.

Either way, they go by DNA rights. I read of a case where a USC mother had a donor embryo implanted in her uterus, and she grew the baby and gave birth to her kid. But the US consulate would not give USC to her own kid, the child she gave birth to, because the child was not genetically hers.

If the father is lost then there might be other solutions (like maybe if you can satisfy that he is really lost than the visa could be issued; I'm not sure). Good luck.

[iamatemple 8]

Glad for your time Harpa Timsah.

It is true that she has custody of the child, but she needs the donor information to claim the child's USC status. The US gov won't give visas to people who are USCs because USCs don't need visas.

(Yes, found that out the hard way and surprised it wasn't caught sooner)

Either way, they go by DNA rights. I read of a case where a USC mother had a donor embryo implanted in her uterus, and she grew the baby and gave birth to her kid. But the US consulate would not give USC to her own kid, the child she gave birth to, because the child was not genetically hers.

(To my knowledge they'll need the run away "father" to compare dna to him.)

[Sirliner 26]

Check here:

travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

[Boiler 43,484]

You sort of shot yourself in the foot.

You made a claim that her Ex sperm donor might be eligible to pass on Citizenship but now you have to prove it one way or the other.

Not only would her Ex need to have been a USC at the time of birth he would also need to have met the residency requirements.

[iamatemple 8]

You sort of shot yourself in the foot.

You made a claim that her Ex sperm donor might be eligible to pass on Citizenship but now you have to prove it one way or the other.

Not only would her Ex need to have been a USC at the time of birth he would also need to have met the residency requirements.

USC = US citizen? He was born a US citizen and lived all his life in the states. Doesn't this solve the problem of residency or am I missing something?

I wasn't interested at all in his citizenship as I am an american citizen myself. It seems it's policy to force children to enter on a US passport if there is any possiblity of them being USC from birth (through USC donor)

Edited May 12, 2014 by iamatemple

[iamatemple 8]

Check here:

travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

Thank you Sirliner, I did check that site already but didn't get a clear answer to my satisfaction.

[Mark88 183]

USC = US citizen?

Yes

He was born a US citizen and lived all his life in the states. Doesn't this solve the problem of residency or am I missing something?

No, the mother will have to provide evidence, that the (biological)father met the physical presence requirements. Without this, the CRBA will be denied. But it will open the path to the CR-2 visa for you.

I wasn't interested at all in his citizenship as I am an american citizen myself. It seems it's policy to force children to enter on a US passport if there is any possiblity of them being USC from birth (through USC donor)

The US doesn't force them to, it simply is the law that when entering the US, and you are a USC, you have to travel with a US passport (many other countries have the same laws on this situation). It also makes sense, that if you are a citizen (you can be a citizen without having a us passport, too), they can't issue an immigrant visa.

[iamatemple 8]

Thank you for the rapid response Mark88.

[Boiler 43,484]

USC = US citizen? He was born a US citizen and lived all his life in the states. Doesn't this solve the problem of residency or am I missing something?

I wasn't interested at all in his citizenship as I am an american citizen myself. It seems it's policy to force children to enter on a US passport if there is any possibility of them being USC from birth (through USC donor)

Seems his son is a USC, the issue is proving it.

If you have no contact then I do not see how this will happen but sounds like you will need to go through the process first.

[iamatemple 8]

Thanks Boiler.

[N-o-l-a 7,167]

I think it would help if you didn't confuse the issue by calling him a "donor". The legal differences might be there between an actual donor and a man who she had a relationship with, especially if they didn't use a doctor as an intermediary.

As an aside - besides Israel that I can think of, most countries do respect the citizenship descent rights of the intended parents when an actual donor is used.

Edited May 12, 2014 by N-o-l-a

[iamatemple 8]

My mistake then for the definition of donor.

To me, donor is someone who says they want a relationship but when the situation becomes difficult they flee to greener pastures, regardless of the consequences.

Sorry for not being clearer folks.

[AnotherLostSoul 167]

@iamatemple: that's not called a donor...that's called a jerk.

[EndlessStory 53]

I thought if you didn't report birth abroad then the child will be phillipinos? Since it's Philippines born child then the kid will be eligible for CR2? Just threw a question out of curiosity