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Question about illegitimate (acknowledged) child's nationality

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Hello everyone.

I'm Filipina living in Japan with 2 kids, still married but have been separated for 7 years. I already filed for an annulment in the Philippines (we don't have divorce there) but it's not finished yet.

My partner for 6 years who is an American, and serving the military (USN) is moving back to the states soon. Me and the kids have a 10 year B1/B2 visa so we can only do visits.

I just found out I am pregnant and my partner wants to recognize the child and have the child use his surname. Is that even possible since we are not even married?

What does his parental acknowledgement got to do about the child's nationality?

How can I bring the child with us in the states for visits?

Any info would be appreciated. TIA

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Yes, the child can use his surname. On the birth certificate, include the father's name. Since his father is a US citizen, your child may be eligible for CRBA and if so, can become a US citizen at birth and obtain a US passport. To be eligible for CRBA, the USC parent must have lived in the US for 5 years and 2 of those years must have been after the age of 14.

After the birth of your child, you can apply for a US passport for the child at the US Embassy in Japan.



Once your child gets their US passport, then you can easily bring him/her to the US without any visa requirements.


(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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