Police Certificate

[KD20 8]

Hi, I have a question about my kids and this process. My current husband is not their biological dad. However, their bio dad is an American (living in Canada).

 

I was told by someone that because they are eligible for dual citizenship, I won't be able to get the CR2 for them. Is that correct? Do I have to instead get them dual citizenship? That's going to be next to impossible since my ex-husband is uncooperative and it will just never get done. It will be much easier and doable for me to be able to do it with a CR2.

 

As a side note, it's already in our court paperwork that I can move them to the US, so that shouldn't be an issue.

[JeanneAdil 6,561]

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

From what i read on the above site about applying for their US citizenship the following does not exist 

 

• The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; 

[Chancy 6,241]

On 10/20/2021 at 1:52 AM, KD20 said:

Do I have to instead get them dual citizenship? That's going to be next to impossible since my ex-husband is uncooperative and it will just never get done.

 

If your ex is truly uncooperative, then your only option is to get visas for your children.  You will not be able to prove that your children have a claim to US citizenship now without the cooperation of your ex.

 

By the way, what's your question about police certificate?

 

Edited October 21, 2021 by Chancy
added question

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Bringing Family of USC forum, where topics about CR2 are discussed ***

 

[SusieQQQ 11,586]

1 hour ago, Chancy said:

 

If your ex is truly uncooperative, then your only option is to get visas for your children.  You will not be able to prove that your children have a claim to US citizenship now without the cooperation of your ex.

 

 

 

This. But bear in mind the paperwork might be gnarly because if they know the dad is a citizen (is this asked somewhere on the i130?) they might well refuse to issue a visa until they know for sure whether or not there is a claim to citizenship. 

[Chancy 6,241]

27 minutes ago, SusieQQQ said:

if they know the dad is a citizen (is this asked somewhere on the i130?)

 

Parent's citizenship is not asked on the I-130, but country of birth is.  So if the dad was born in the US, it will still be obvious to the consulate.

 

[SusieQQQ 11,586]

3 minutes ago, Chancy said:

 

Parent's citizenship is not asked on the I-130, but country of birth is.  So if the dad was born in the US, it will still be obvious to the consulate.

 

It appears Canadian long form birth certificates have place of birth of parents too. So either way it would probably be enough for the consulate to ask questions. 

[KD20 8]

19 hours ago, Chancy said:

 

If your ex is truly uncooperative, then your only option is to get visas for your children.  You will not be able to prove that your children have a claim to US citizenship now without the cooperation of your ex.

 

By the way, what's your question about police certificate?

 

Oh whoops! I was going to ask a question about the police certificate but managed to find the answer and forgot to change the subject when I asked this question 🤦‍♀️

 

17 hours ago, SusieQQQ said:

It appears Canadian long form birth certificates have place of birth of parents too. So either way it would probably be enough for the consulate to ask questions. 

Yep, my kids long form birth certificate does have their dad's place of birth on it.  Ugh, I really hope this isn't going to be an issue :( 

[SusieQQQ 11,586]

8 minutes ago, KD20 said:

Oh whoops! I was going to ask a question about the police certificate but managed to find the answer and forgot to change the subject when I asked this question 🤦‍♀️

 

Yep, my kids long form birth certificate does have their dad's place of birth on it.  Ugh, I really hope this isn't going to be an issue

How old was the dad when he moved to Canada?

[KD20 8]

11 minutes ago, SusieQQQ said:

How old was the dad when he moved to Canada?

He was in his 20s

[SusieQQQ 11,586]

9 minutes ago, KD20 said:

He was in his 20s

Ok then it may be an issue, if he’d been younger (under 16] he would not have met the requirements to pass on citizenship. Assuming he had lived most his life in the US then he is able to pass on. How uncooperative exactly is he? It seems there are court documents about custody- does he pay child support? (Trying to find an angle somewhere)

[KD20 8]

18 minutes ago, SusieQQQ said:

Ok then it may be an issue, if he’d been younger (under 16] he would not have met the requirements to pass on citizenship. Assuming he had lived most his life in the US then he is able to pass on. How uncooperative exactly is he? It seems there are court documents about custody- does he pay child support? (Trying to find an angle somewhere)

He's very uncooperative.  He doesn't do anything unless it benefits him in some way and even then he drags his feet.  His policy is to just ignore things and hope they go away.  He's not happy that we are moving and is even more annoyed that he agreed to it previously and it's now in our separation agreement and parenting plan and he's bound to it.  He could fight that if he wanted, and said he would, but it's been 2 years and he hasn't taken any action.  That's just how he is.

He only pays child support because it's forced.  He wasn't paying and was several thousand dollars in arrears.  He only started paying because I filed with the Family Maintenance Enforcement Program here in Canada and they took him to court and had it ordered.  He still didn't start paying until they put restrictions on his licence and insurance and such.  Now, he won't file his taxes so they can't increase the amount he has to pay for support based on his income now that he is working and not unemployed like usual.

He's an absentee father.  He literally has seen the kids once since COVID and only saw them once in the about 14 months prior to COVID.  He talks to them on the Xbox but that's it.  He can't even make the time to see his kids, he's definitely not going to make the time to get them citizenship to make it easier for me 😔

I'm not trying to be all negative here, just trying to see what my options are and how much of a problem this will be.  I really appreciate you taking the time to try and help me out here!!