Can a family court judge make a U.S. citizen pass on U.S. citizenship if the child is born in another country.

[Aussielad 37]

3 hours ago, OldUser said:

There's no obligation for father to go through CRBA. It's a question of ethics whether he would want to do it or not. The USC friend needs to realize that by filing CRBA the mother gets avenue to come to the US once the child turns 21 and can sponsor her. Otherwise the mother can pound the sand.

 

3 hours ago, OldUser said:

If he's not listed on child's birth certificate, that becomes even a bigger hurdle for the lady to claim the kid is a US citizen.

Which is why she is asking for him to appear at a virtual court appearance now in September. Another twist to the story is that my friend was not born in the U.S. he is a naturalized U.S. citizen. I would think that he would put his original birth country on the certificate as that is the correct thing to do if he was to even appear at the virtual court appearance. 

[manyfudge 267]

@Aussielad, was this child born while they were married?

 

If so, it is true that without his co-operation, CRBA would be impossible to get.

 

However, the child can file for a U.S. passport at any time once they are not a minor (I suppose the mother would be acting on his behalf) if he is a child of a marriage between a USC and a nonUSC as if the USC has lived the requisite amount of time in the US.

Edited August 7, 2023 by manyfudge

[belinda63 2,981]

I would just ignore her unless some official court documents show up. Sounds more like she is looking for big money and a free life in the US than caring about the child.

[Aussielad 37]

2 hours ago, Boiler said:

So he does not know if he is the father?

 

You may wish to Google Paternity Fraud, it is rife.

 

I have not heard of and can not think how a US Court could make someone file a CRBA, it is a potential benefit, not a requirement

 

Child Support would be an issue for the Family Court the child is resident in 

He does not deny the paternity, the child looks exactly like him. He acknowledges that. However, the difficult part has been the paternity test because he can not travel to Colombia on a whim because of his federal job, and she will not come to the U.S. to get a paternity test done unless he pays for her flight, hotel, and all other miscellaneous expenses.

 

She has a cousin in the state of Georgia who she keeps saying that she will go there on a tourist visa, and start the child support process from there. To me that would be interesting to see how far it can prosper as Colombia and the U.S. do not have a bilateral treaty for child support with the United Nations

 

Please remember, he is NOT trying to avoid being responsible for the child economically, however what she is demanding ($1,500 - $2,000 per month + U.S. citizenship to then go on and claim Social Security Benefits for the child which is between $800 - $1,000) is overboard, especially from Colombia.

 

Yesterday while I was next to him while he was talking to her on the phone, he gave her 2 options, the money, or the citizenship, and that she was not going to get money from all places for her own benefit.

 

If she was to get the money that she is asking for, I believe she would be better than 90% of families in Colombia....if you do the math, with regards to only social security,  if the kid survives from now until 50 years old due to his severe down syndrome, that would be around $450,000 - $500,000 DOLARES in Colombia.

 

That's not including the child support at $1,500 per month, which would amount to around $324,000 ........plus social security, that's an almost self-made millionaire without doing anything.

 

 

[Aussielad 37]

2 hours ago, Sukie said:

Just a thought, too.  If the OP's friend has a government job, especially with a security clearance, he may need to alert a supervisor as to what is going on, in case of a blackmail or extortion attempt.

 

I am sorry for the child in this situation.  I also know what it is like to feel like there is impending doom with a legal case, and how worked up it can make you!  OP - have your friend get a lawyer.

 

Sukie in NY

I agree, and so would my friend on this regarding the child in the middle. However when you have a person (the mother) who believes its her right to thousands and thousands of dollars per month which will benefit her, not the kid in the long run, then there is a point where a stance has to be taken, and the foot has to be put down and say no. 

 

For a place like Colombia, I would believe between $300 - $400 per month is reasonable. 

[Aussielad 37]

11 minutes ago, manyfudge said:

@Aussielad, was this child born while they were married?

 

If so, it is true that without his co-operation, CRBA would be impossible to get.

 

However, the child can file for a U.S. passport at any time once they are not a minor (I suppose the mother would be acting on his behalf) if he is a child of a marriage between a USC and a nonUSC as if the USC has lived the requisite amount of time in the US.

No, they were never married. They were just boyfriend and girlfriend. When she got pregnant, she told him that the kid was going to be born with severe impediments which he asked for her to get an abortion, she refused and said "my body, my decision", (ok, understandable). The kid was born, and as she said, the child came out with severe down syndrome and other health situations. 

 

But now on top of that, she wants thousands of dollars per month.

Edited August 7, 2023 by Aussielad

[Aussielad 37]

10 minutes ago, belinda63 said:

I would just ignore her unless some official court documents show up. Sounds more like she is looking for big money and a free life in the US than caring about the child.

True, but she is also very determined to go on a tourist visa and file a DNA test and child support at a local court here in the U.S. where her cousin lives.

[OldUser 4,834]

10 minutes ago, Aussielad said:

True, but she is also very determined to go on a tourist visa and file a DNA test and child support at a local court here in the U.S. where her cousin lives.

So why don't your friend let her do the legwork and deal with it as it comes? I think this thread is no longer a discussion about immigration. It turned into conversation about life situation.

 

 

[Timona 3,943]

11 minutes ago, Aussielad said:

True, but she is also very determined to go on a tourist visa and file a DNA test and child support at a local court here in the U.S. where her cousin lives.

 

Cases take years to resolve. She going to be staying on B-2? 😂 Even if adjudicated, judge would appropriate it to living standards in Colombia. 

 

I know Colombia. Travel there frequently. 

 

How did she know the kid was going to be born with impediment? Did she do drugs? Smoke?

 

I've never understood how Colombians and Venezuelans are always broke but buy designer bags, numerous plastic surgery and have $$ to go to Spain. I know a bunch who ask me for $$ for food (little $$ here and there), then come to find out, they're flying to Chile or Spain. I'm like 🤔😳

[African Zealot 1,452]

4 hours ago, Timona said:

 

Knowing Colombianas, and if push comes to shove, I would DNA that kid.

 

Let’s stay away from such stereotypes and judge each individual on the content of their personal characters.

 

🙏🏾🙏🏾🙏🏾

 

With that said, the extortionist is not completely out of luck. If he’s on the child's birth certificate, matters could be a bit complicated particularly because she has a visa and mobility to come and test US courts.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2

 

In general, absent other evidence, USCIS considers a child’s birth certificate as recorded by a proper authority as sufficient evidence to determine a child’s genetic or gestational relationship to the parent (or parents). The child’s parent (or parents) who is included in the birth certificate is generally presumed to have legal custody of the child absent other evidence

 

 

1. Child of U.S. Citizen Father

General Requirements for Fathers of Children Born Out of Wedlock

The general requirements for acquisition of citizenship at birth^[21] for a child born in wedlock also apply to a child born out of wedlock outside of the United States (or one of its outlying possessions) who claims citizenship through a U.S. citizen father. Specifically, the provisions apply in cases where:

• A blood relationship between the child and the father is established by clear and convincing evidence;

• The child’s father was a U.S. citizen at the time of the child’s birth;

• The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and

• One of the following criteria is met before the child reaches 18 years of age:

  • The child is legitimated under the law of his or her residence or domicile;

  • The father acknowledges in writing and under oath the paternity of the child; or

  • The paternity of the child is established by adjudication of a competent court.

Edited August 7, 2023 by African Zealot

[TBoneTX 43,069]

I reiterate that your friend should talk with 2 immigration attorneys and (in his jurisdiction) 2 family attorneys before he commits to doing anything.  As stated, I wouldn't give this gold-digger a red cent or the time of day.

[Boiler 43,462]

He seems to accept the child is his.

 

She is going to Georgia and leaving the child behind? Unless he lives in Georgia not sure what the Georgia courts have to do with it.

 

Above my paygrade but Colombia should be the location for deciding this.

 

I wonder if she and the child moved to Georgia what time she would need to live there to claim residency for this?

[VinnyH 59]

Not stating the obvious, but alimony and child support cases are family court matters, which are State Court (here Georgia).

 

No state judge has any authority to grant U.S. citizenship, nor direct a federal agency (USCIS or the State Department) to recognize the child as a U.S. citizen, which are federal matters. Maybe a U.S. District Court can, but I fail to see legal grounds for the Colombian mother to file a suit.

 

So I agree with what has been written by other posters: unless OP's friend initiates himself the CRBA himself, nothing is going to happen on the citizenship side.

 

 

[Boiler 43,462]

7 minutes ago, VinnyH said:

Not stating the obvious, but alimony and child support cases are family court matters, which are State Court (here Georgia).

It is the Georgia bit, I do not see how a visitor could take an action.

[EM_Vandaveer 2,370]

10 hours ago, Timona said:

 

Cases take years to resolve. She going to be staying on B-2? 😂 Even if adjudicated, judge would appropriate it to living standards in Colombia. 

 

I know Colombia. Travel there frequently. 

 

How did she know the kid was going to be born with impediment? Did she do drugs? Smoke?

 

I've never understood how Colombians and Venezuelans are always broke but buy designer bags, numerous plastic surgery and have $$ to go to Spain. I know a bunch who ask me for $$ for food (little $$ here and there), then come to find out, they're flying to Chile or Spain. I'm like 🤔😳

Doing drugs or smoking doesn't cause Down Syndrome. She must have had prenatal testing.