Do I have a claim on US citizenship if I was born in wedlock but only with a US Citizen adoptive father?

[Paloii 0]

To make the story short my mother was 7 months pregnant with me when my parents got married (non-citizen biological mother and US citizen adoptive father). They got married in the Philippines on May 1988 and I was born on July 1988 in the Philippines as well. 

My parents tried to get a US birth certificate or CRBA ( I don't remember which one ) as early as 1 week after I was born but the people at the embassy told my father that we are not "blood-related". So my father's plan was to adopt me then try to get me a US citizenship, the adoption process went well it was finalized in 1990. The following year my father sadly passed away (I was 3yrs. old), my mother unfortunately stopped any application regarding my citizenship and just focused in raising me. 

Now as an adult (28yrs. old) I'm trying to know if I have a claim on US citizenship and if I do, do I have a good chance of getting the US citizenship? 

What process should I start with? Applying for Passport or Citizenship? 

Additional Info: 
My Father has more than 5 years physical presence in the US, I have School, Work and Medical records. 
My parents lived together in the Philippines until my father's passing. 
My mother re-married after several years, but all my documents remains the same (US Citizen as my father).

[Rc123rc 528]

I think this goes back to "No Blood Ties." I assume you do not have a U.S. Passport. You have a Philippine Birth Certificate. You were never formally adopted by your step father. I'd consult a lawyer. 

[Ben&Zian 4,398]

Have to agree with above.

 

By blood, you would have the rights to claim if the USC had been your father.

 

Because of the adoption, he would have to petition for you as his adopted child; but because he has passed, and did not finish the process you technically have no ties.

 

http://www.equalityforadoptedchildren.org/legislation/face/faqs.html

 

 

Did you mother even become an LPR of the US or she simply remained in the Philippines and never tried to adjust legal status in the US?

 

 

Edited February 17, 2017 by Ben&Zian

[Paloii 0]

55 minutes ago, rcripps said:

I think this goes back to "No Blood Ties." I assume you do not have a U.S. Passport. You have a Philippine Birth Certificate. You were never formally adopted by your step father. I'd consult a lawyer. 

I did consult a lawyer, and the fees are overwhelming. For now I'm trying to figure out everything myself while saving up for the lawyers fee.

 

I did tried to go to the U.S. Embassy here in Saudi Arabia (I'm working here) and they were a bit confused about my case and said it's the first time they've seen it, that's why they denied it and told me "I don't have enough proof oh my father's physical presence in the U.S".and if I can gather more proofs then they'll try to look into my application again.

 

I'm planning to back to the Philippines and try to apply for a U.S. Passport there, and there are 3 requirements

Physical Presence proofs (which I think I have all)

Legitimacy (When I talked to a lawyer he told me I'm a legitimate child because I was born in wedlock even if its not my genetic father)

Blood Relationship (This part worries me).

 

44 minutes ago, Ben&Zian said:

Have to agree with above.

 

By blood, you would have the rights to claim if the USC had been your father.

 

Because of the adoption, he would have to petition for you as his adopted child; but because he has passed, and did not finish the process you technically have no ties.

 

http://www.equalityforadoptedchildren.org/legislation/face/faqs.html

 

 

Did you mother even become an LPR of the US or she simply remained in the Philippines and never tried to adjust legal status in the US?

 

 

My mother remained in the Philippines, and did not adjust anything, She told me she had no choice but to stop the process because it was draining her financially and emotionally she was young (21 at that time) and needed to save money to raise a child because she's alone by herself, she's an orphan and her remaining relatives disowned her for marrying an American.

 

Edited February 17, 2017 by Paloii

[Ben&Zian 4,398]

Well you can definately try; but I am doubtful that it would work. Again, not being blood related to the USC, his passing, and the fact your mother never even tried to adjust status legally in the US, and it's been, what... 23-24 years now? Don't know if you have enough proof to be honest.

[Paloii 0]

7 minutes ago, Ben&Zian said:

Well you can definately try; but I am doubtful that it would work. Again, not being blood related to the USC, his passing, and the fact your mother never even tried to adjust status legally in the US, and it's been, what... 23-24 years now? Don't know if you have enough proof to be honest.

Yeah that "not blood-related but born in wedlock" part confuses most of the people including me and the U.S. Consul Officials they have to asked several officials before sending me to another room to talk to a high-up person (I think he supervises everyone on that Consular Section) here in Saudi Arabia and he told me that I have a good chance on getting a U.S. passport but I needed to hire an investigator in the U.S. for some specific documents, and when I saw the fees it makes me wanna throw up hahaha.

 

That's why I wanna try my luck in the Philippine U.S. Embassy. 

[Rc123rc 528]

Well, born in wedlock but not blood related is actually pretty clear but your step father isn't on your birth certificate and he didn't formally adopt you. A DNA test will work against you. So, I'm not sure what a private investigator is going to do for you. 

[Paloii 0]

8 minutes ago, rcripps said:

Well, born in wedlock but not blood related is actually pretty clear but your step father isn't on your birth certificate and he didn't formally adopt you. A DNA test will work against you. So, I'm not sure what a private investigator is going to do for you. 

As I've mentioned on my first post the adoption process was finalized. I got adopted before my 2nd birthday, his name is on my birth certificate and baptismal certificate up to this date.

[Transborderwife 4,666]

2 minutes ago, Paloii said:

As I've mentioned on my first post the adoption process was finalized. I got adopted before my 2nd birthday, his name is on my birth certificate and baptismal certificate up to this date.

Was your father still alive?

[Paloii 0]

Just now, Transborderwife said:

Was your father still alive?

Yes, he was still alive when the adoption process was finalized, my father died when I was 3.

[Transborderwife 4,666]

Just now, Paloii said:

Yes, he was still alive when the adoption process was finalized, my father died when I was 3.

Biological I mean

[Paloii 0]

3 minutes ago, Transborderwife said:

Biological I mean

At the time of adoption process Yes my biological father was alive, there were court hearings, newspaper articles, and summons from the court if he wants a claim over me but he did not attend or interested so the court gave him several months to think if he wants to claim me as his child and I've read on the adoption papers that the last part was they (court people) went to my biological father's house to ask him if he really does not want me and he's not really interested in me, so the court's decision was to grant my father's (U.S. Citizen) adoption request. 

[Transborderwife 4,666]

2 minutes ago, Paloii said:

At the time of adoption process Yes my biological father was alive, there were court hearings, newspaper articles, and summons from the court if he wants a claim over me but he did not attend or interested so the court gave him several months to think if he wants to claim me as his child and I've read on the adoption papers that the last part was they (court people) went to my biological father's house to ask him if he really does not want me and he's not really interested in me, so the court's decision was to grant my father's (U.S. Citizen) adoption request. 

I see.  I cannot say for certain in this case that this is true, but when one or more bio parents are still alive in cases now, citizenship through adoption is not granted.

[Paloii 0]

2 minutes ago, Transborderwife said:

I see.  I cannot say for certain in this case that this is true, but when one or more bio parents are still alive in cases now, citizenship through adoption is not granted.

My biological father is now deceased, he died in the mid 2000s. So you mean to say if I try to apply for citizenship through adoption now most  likely it'll be denied because my biological father was alive at the time I was adopted?

[Transborderwife 4,666]

Just now, Paloii said:

My biological father is now deceased, he died in the mid 2000s. So you mean to say if I try to apply for citizenship through adoption now most  likely it'll be denied because my biological father was alive at the time I was adopted?

Indeed it's possible