Filipino child of a USA citizen Father refused non immigrant visa

[Dok 0]

This is so screwed up. My partner and I are not married. We've been together 7 years and we have a 6 years old son. Our son was coming with us on a visit to the U. S. and we got him a tourist visa, no problem. On my partners return 3 weeks later for her interview they took our sons passport and stamped denied over his visa. The reason for this is, they said as he could possibly be eligible for U. S. Citizenship he cannot enter the U. S. on a visa. We must register his birth abroad and get him a passport. The problem is, he won't qualify because it's almost 100 guaranteed that he is not my biological son. We are devastated and so is he. I have never intended to attempt to get him a passport but, it seems ludicrous that he can't get a visa to visit. The suggestion of the embassy was to remove me as his Father on his birth certificate. I would never do that. What else can we do?

Edited April 6, 2017 by Dok
Spelling errors

[KierenHby 897]

DNA test to disprove (or prove) paternity? 

[milimelo 4,230]

If you know he isn't yours why'd you put your name on the birth certificate? Do the DNA test. 

Edited April 6, 2017 by milimelo

[Transborderwife 4,666]

20 minutes ago, Dok said:

This is so screwed up. My partner and I are not married. We've been together 7 years and we have a 6 years old son. Our son was coming with us on a visit to the U. S. and we got him a tourist visa, no problem. On my partners return 3 weeks later for her interview they took our sons passport and stamped denied over his visa. The reason for this is, they said as he could possibly be eligible for U. S. Citizenship he cannot enter the U. S. on a visa. We must register his birth abroad and get him a passport. The problem is, he won't qualify because it's almost 100 guaranteed that he is not my biological son. We are devastated and so is he. I have never intended to attempt to get him a passport but, it seems ludicrous that he can't get a visa to visit. The suggestion of the embassy was to remove me as his Father on his birth certificate. I would never do that. What else can we do?

I know that you think that this is screwed up, but put yourself in the IO's or CBP's shoes.  They have to do things properly. You need to get a DNA test done. 

[geowrian 22,336]

I'm sorry for the trouble you are going through.

 

That said, their decision was correct given the data available to them. If he's not your biological son, you shouldn't be listed as such on the birth certificate (at least from a legal perspective). A birth certificate is intended to show (presumptive) biological relationships, not just legal paternity. As far as immigration is concerned, he may qualify for US citizenship and therefore is ineligible for a visa. If he is your biological son, then he needs to be recognized as a USC first. As-is, a non-immigrant visa is not appropriate.

 

Getting a DNA test to prove/disprove paternity would be suggested. There's also the possible options of adoption of the child or, if you want, marrying your partner.

[Ben&Zian 4,397]

Ditto to all above posts.

[Cyberfx1024 7,978]

Yeah go through the paperwork to determine paternityship and then file for CRBA.

[KierenHby 897]

5 minutes ago, cyberfx1024 said:

Yeah go through the paperwork to determine paternityship and then file for CRBA.

Or partner reapplies for child's B2 if paternity disproved. Either way, no way around a DNA test. 

[nachnam 9]

DNA test is the way forward and then take it from there. 

[az2014 381]

There is nothing screwed up, apart from your actions.

 

Why on earth would you put your name on someones birth cirtificate if you seem to 'know' you are not the father.

 

You put yourself in this mess.

[Jojo92122 1,924]

Sorry about your situation.

 

Time for the cold hard truth.  This is so screwed up because of you.  You choose to file a birth certificate with false information.  Now, you are choosing not to correct it.  As long as you are falsely listed as the father, the US Embassy will insist on a CRBA and US passport.  If you file with a birth certificate that you know has false information, then you will be committing a crime since you would be signing the applications under oath and penalties of perjury.  DO NOT MAKE A FALSE CLAIM TO US CITIZENSHIP.

 

A DNA test proving you are not the father is not going to help get him a visitor visa.  It just proves you are not the biological father and his birth certificate is inaccurate.  

 

Get the birth certificate fixed.  The US Embassy has already advised you to do this.  Don't mess around with the US Embassy, you will not like the results.  Everything has been documented.  They know.  It will be in their databases.  

 

You know what you have to do.  There is nothing else you can do.  Anything else will further the fraud and screw things up further.  

 

Be smart about this.  The US Embassy already knows he has a birth certificate with false information.  Since the US Embassy already knows, you need to do the smart thing and follow their suggestions.

 

Best of luck.

Edited April 6, 2017 by Jojo92122

[IcezMan_IcezLady 582]

Get your husband to adopt him..

Oops, he can't use that route since y'all aint married yet. You have a long road to unmake this mess.

 Getting married will be the first step, correct the birth cert, then go on from there

[IcezMan_IcezLady 582]

1 hour ago, cyberfx1024 said:

Yeah go through the paperwork to determine paternityship and then file for CRBA.

OP said USC isn't the biological father so can't file CRBA

[Transborderwife 4,666]

7 minutes ago, IcezMan_IcezLady said:

OP said USC isn't the biological father so can't file CRBA

Correction, they don't know 

[Cyberfx1024 7,978]

15 minutes ago, IcezMan_IcezLady said:

OP said USC isn't the biological father so can't file CRBA

He does not know if the child is or not. So he can kill two birds with one stone by doing a paternity test. He can then find out if the child is biological his, if the child is then file for CRBA, if the child is not then reapply for B2 again.