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Filed: Citizen (apr) Country: Australia
Timeline
Posted

Asking for input for a friend,

 

A friend had a child in Colombia with a woman who was just after money from him, they had a child. My friend was born in another country other than the U.S. however is naturalized. She has been wanting $5,000 per month + U.S. citizenship to come and get any financial benefit she can. His name is not on the birth certificate yet, but it's about to. 

 

He said that she might/might not have a copy of his U.S. biographical page. That would not be enough for her to go to the U.S. consulate and get the child U.S. citizenship would it? The CRBA (Consulate Report of Birth Abroad) is more scrutinized that just her bringing a copy of his biographical page of his passport no?

 

My understanding it has to be the original document, plus proof of physical presence such as tax returns, military DD214, university transcripts, etc, etc....plus the U.S. consulate would need him as the U.S. citizen to be the one to physically file the form DS 2029 as the U.S. citizen no?

Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

Posted (edited)
10 minutes ago, Aussielad said:

who was just after money from him, they had a child.

Irrelevant detail.

10 minutes ago, Aussielad said:

 

She has been wanting $5,000 per month + U.S. citizenship to come and get any financial benefit she can.

Good luck, nobody can prevent her from dreaming.

 

10 minutes ago, Aussielad said:

He said that she might/might not have a copy of his U.S. biographical page. That would not be enough for her to go to the U.S. consulate and get the child U.S. citizenship would it? The CRBA (Consulate Report of Birth Abroad) is more scrutinized that just her bringing a copy of his biographical page of his passport no?

 

My understanding it has to be the original document, plus proof of physical presence such as tax returns, military DD214, university transcripts, etc, etc....plus the U.S. consulate would need him as the U.S. citizen to be the one to physically file the form DS 2029 as the U.S. citizen no?

 

Yes, more than just bio page is needed for CRBA.

 

What does father of the child want?

Does he want the child to be registered as US citizen?

 

Even if he does all this and registers the child as US citizen, child's mother can pound sand. She cannot come to the US just because her child is a US citizen. Either husband will have to file I-130 for her or the US citizen child can sponsor her after reaching 21 years. Nothing happens without husband or adult child sponsoring her.

It may take many years until her dream of coming to the states to collect $5000 (how, I want to know too?) materializes

Edited by OldUser
Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

Sounds like they are not married

 

Also unclear if the friend could pass on Citizenship, assuming the child is actually his.

 

I assume she could look to the Colombian Courts and if she got a judgement seek to have it enforced in the US.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Figure, they are not together. Haven't been together for a while. He has tried time and time again to come to a happy-medium with a child support but she won't budge off $5,000, which is precisely why he hasn't ever recognized the child or signed the birth certificate as yet. He just got ordered to take a DNA test in Colombia (which he won't go to, he prefers to send the evidence from Florida).

 

The father of the child DOES NOT want the child to be registered as a U.S. citizen, because his main concern is her coming to the U.S. on her tourist visa and coming to get every single benefit available. Child has severe down syndrome. However she is high-class in Colombia. 

 

So in other words, she is using the childs disability to get whatever money she can get out of him. That has been the central part of conflict. He offered her $1,000-$1,500 per month in Colombia, she has 2 apartments, works for the government, lives with her parents, so she is not suffering, she is just wanting to get money in any place possible and using the kid's disability as a means for it.

 

..........oh, and she said that the father has 0 rights to the kid, not even to see him....just wants him to pay her the money every month.

 

I told my friend that is very concerning as he has rights, but the kid was born in Colombia.

Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

Posted (edited)
2 minutes ago, Boiler said:

Sounds like they are not married

 

Also unclear if the friend could pass on Citizenship, assuming the child is actually his.

 

I assume she could look to the Colombian Courts and if she got a judgement seek to have it enforced in the US.

Oh man, good point about marital status. Somehow I assumed they were married...

Edited by OldUser
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)

Thread is shifted from the US Citizenship main forum to the CRBA subforum.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Australia
Timeline
Posted
2 minutes ago, Boiler said:

Sounds like they are not married

 

Also unclear if the friend could pass on Citizenship, assuming the child is actually his.

 

I assume she could look to the Colombian Courts and if she got a judgement seek to have it enforced in the US.

No, they are not married, never were. He knows the kid is his without a doubt. Citizenship could get passed on if they weren't married,  but I also understand there's a few extra steps my friend has to take with the U.S. consulate for that to happen, like signing a declaration that he is the father and would be responsible for the kid, etc, etc.

 

She could go through the Colombian courts, but weather that can be enforced in the U.S. I do not know. But she threats a lot to use her U.S. tourist visa to sue him for child support in one state, and go back and live in Colombia....

 

I said to my friend that she can't do that, as she does not have legal domicile in the U.S. and is circumnavigating the U.S. immigration laws.

Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

Posted
4 minutes ago, Aussielad said:

No, they are not married, never were. He knows the kid is his without a doubt. Citizenship could get passed on if they weren't married,  but I also understand there's a few extra steps my friend has to take with the U.S. consulate for that to happen, like signing a declaration that he is the father and would be responsible for the kid, etc, etc.

 

She could go through the Colombian courts, but weather that can be enforced in the U.S. I do not know. But she threats a lot to use her U.S. tourist visa to sue him for child support in one state, and go back and live in Colombia....

 

I said to my friend that she can't do that, as she does not have legal domicile in the U.S. and is circumnavigating the U.S. immigration laws.

All the ideas she has are delusional...

Filed: K-1 Visa Country: Wales
Timeline
Posted

Not sure why, for some reason I think I have heard this or a similar story.

 

Obviously he needs US legal representation, family law.

 

I suppose if she wants to visit the US she can, child would also need a visa if that is her plan. He would need to participate for a CRBA to work and the child obtain a US Passport.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Australia
Timeline
Posted

You are right Boiler, this topic came up around 2, almost 3 years ago, she went quiet, but now she's came back worse than ever because she actually filed in the court system in Colombia. 

 

This time she's going all in for U.S. citizenship, $5,000 per month, and a billion other benefits. The Colombian courts up until now seem to favor her demands. Obviously the U.S. citizenship isn't going to happen though. As much as he wanted to do it for the kid who has severe Down syndrome, she is just using the kid to gain any monetary benefits from the U.S. and go back to Colombia and live comfortably at the expense of the kid. 

 

Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

Filed: K-1 Visa Country: Wales
Timeline
Posted

All he can do is Lawyer up and see what happens. Maybe all talk.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Well in the current state of tourist visas all he'd have to do is report her to State or USCIS and that would get her visa revoked - they certainly don't want tourists turning overstays to get benefits. But he'd need to list her bio date - full name, DOB, citizenship, passport # if known. 

ROC 2009
Naturalization 2010

 
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