Birth Abroad.

[Anifowose017 2]

Hello,

I'm asking this for a friend, a friend of mine traveled to his home country back in 2017,had a fling and the lady was pregnant and had a baby last year but my friend never knew about it. He applied for citizenship and was granted citizenship in December 2018 and the baby was born in june 2018 which he never knew about the baby until this year. Is it possible to get citizenship for the baby now that his citizen and never put name of the baby down when he applied for citizenship.

[Mark88 183]

The baby was born before he became a USC. So there is no claim there. He only can apply for an IR-2 visa for the child and then use that for a path to citizenship under the Child Citizenship Act.

[geowrian 22,335]

Agreed. He was not a USC at the time of birth so the child cannot derive citizenship at birth through him. He can petition the child for permanent residency, which will result in citizenship upon entry on that immigrant visa.

 

On what basis did he obtain citizenship? Was it via marriage (3 year rule) or just the 5+ years of permanent residency?

[HonoraryCitizen 179]

45 minutes ago, Anifowose017 said:

Is it possible to get citizenship for the baby now that his citizen and never put name of the baby down when he applied for citizenship.

Let your friend be aware that once he files for an IR2 for that child, his own immigration file will be scrutinized. When they discover he applied for citizenship without mentioning the child, they will dig deeper to ascertain if that was indeed true.

 

If it’s not true they could proceed to try to revoke his citizenship with the charge that it was illegally procured. Also they will look into his marriage through which he acquired permanent residency (if that is how he adjusted status) to make sure it was not a sham.

 

Just giving you a heads up, not implying he did anything fraudulent.

Edited January 16, 2019 by HonoraryCitizen

[NikLR 13,220]

O

3 minutes ago, HonoraryCitizen said:

Let your friend be aware that once he files for an IR2 for that child, his own immigration file will be scrutinized. When they discover he applied for citizenship without mentioning the child, they will dig deeper to ascertain if that was indeed true.

 

If it’s not true they could proceed to try to revoke his citizenship with the charge that it was illegally procured. Also they will look into his marriage through which he acquired permanent residency, to make sure it was not a sham.

 

Just giving you a heads up, not implying he did anything fraudulent.

Op didnt say his friend became a pr via marriage.  

[Going through 5,668]

56 minutes ago, Anifowose017 said:

Hello,

I'm asking this for a friend, a friend of mine traveled to his home country back in 2017,had a fling and the lady was pregnant and had a baby last year but my friend never knew about it. He applied for citizenship and was granted citizenship in December 2018 and the baby was born in june 2018 which he never knew about the baby until this year. Is it possible to get citizenship for the baby now that his citizen and never put name of the baby down when he applied for citizenship.

No, since the baby was born before your friend became a US citizen.

 

Is your friend planning on having the lady and the child immigrate to the US via marriage?  Hopefully your friend is 100% certain that this baby is actually his, since this was only a "fling" as you said.

 

Your friend should make an account on VJ so he can give direct relevant information so members can help him better (that way nothing is lost with you being the middle-man delivering messages, so to speak).   Always makes things easier for members to give proper advice to friends of VJ members.   Unless your friend is actually you, of course, as we see that quite regularly on VJ as well.

Edited January 16, 2019 by Going through

[Anifowose017 2]

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

[Mark88 183]

Just now, Anifowose017 said:

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

Through the IR-2 visa and CCA. But he will be scrutinized and could ultimately get his citizenship revoked. Since he got married 3 years ago, but his "fling" was just over a year ago, USCIS has a strong case to say his marriage is a scam.

[geowrian 22,335]

Just now, Anifowose017 said:

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

Well that may present some issues. Its hard to claim a bona fide marital union under those circumstances. They may or may not question if he qualified for naturalization. No way to know beforehand how they will treat it.

 

Either way, he files an I-130 for the child to start the process. Note that he will need only an I-864W instead of I-864 once at the NVC stage.

Keep in mind the mother needs to provide written consent (or sufficent court order) for the child to immigrate.

[Going through 5,668]

7 minutes ago, Anifowose017 said:

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

Depends...Is he planning on marrying the lady friend and immigrating both of them?  Or just the child?

Edited January 16, 2019 by Going through

[Going through 5,668]

12 minutes ago, Anifowose017 said:

Thanks y'all,yes my friend got his green card via marriage and citizenship via 3 yrs rule. So what is the best way to bring his child here?

Keep in mind that this may open up a whole can of worms for your friend.

 

USCIS may be interested in comparing the date of marriage to the USC, and the birthdate of the child (whether he knew about the child's existence is irrelevant, he was obviously in some sort of relationship with the woman during his marriage)....this might bring into question now whether his naturalization was properly approved in the first place, since he filed via the 3 year rule.

 

Is he divorced from his USC wife now?  If he is divorced, when did he divorce?  

[Anifowose017 2]

My friend still with his wife and he told her about the child and wants to bring the child to live with him and his wife here so not that he divorce his wife here and NO his not with the mother of the baby or ever dated her. Just had a night stand.

[Mark88 183]

11 minutes ago, Anifowose017 said:

Just had a night stand.

I would get a paternity test done before even starting the whole process in his case...

[Going through 5,668]

50 minutes ago, Anifowose017 said:

My friend still with his wife and he told her about the child and wants to bring the child to live with him and his wife here so not that he divorce his wife here and NO his not with the mother of the baby or ever dated her. Just had a night stand.

He can file the i-130 for the child.  He will need the mother's consent for the child to move and live permanently in the USA.  The father and child may be required to undergo DNA testing to establish his biological relation (especially if the father's name is not on the birth certificate/birth registration).

 

I would strongly urge your friend to take a paternity test before going through this process. Only to prevent unnecessary time, stress, and money being spent on this and then find out the child was never his to begin with (it's happened).   Nothing against the lady's character, however if she had a one-night stand with him, possible she's had a one-night stand with someone else around the same time as well.

Edited January 16, 2019 by Going through

[Mark88 183]

A paternity and maternity test might be ordered by the embassy, just to prevent international child trafficking.