Helping out a deceased American friend. Advise needed!

[AlwaysRt]

1 hour ago, Dave Hounddriver said:

Is this a viable option and how would one go about starting that procedure?  If this is another dead end I think I'll just drop it and Tom will know I gave it my best efforts.

That question sounds like it is right down Larry's alley to me. http://pinayvisa.com/

[Old55]

As far as I know there is no way to simply sponsor an immigration under those circumstances. We have looked into sponsoring my niece for a visa or some type of job OJT or student. A cousin is too distant a relative. 

[earthdome]

2 minutes ago, Old55 said:

As far as I know there is no way to simply sponsor an immigration under those circumstances. We have looked into sponsoring my niece for a visa or some type of job OJT or student. A cousin is too distant a relative. 

Correct. The rules are pretty strict. Someone in the US can only petition a visa for their spouse, their own child or their parents. In addition the person petitioning must be a US citizen. For example my wife, if she were a US citizen, is not even allowed to petition to get a visa for her siblings.

[davewe]

14 hours ago, Dave Hounddriver said:

FOLLOW UP QUESTION:

How possible is it that the filipina and her son could emigrate to the US if they had one or more American sponsors who lived in the US and would sign sponsorship papers?  Tom's other two best friends live in the US.  One of them is married to a cousin of Tom's gf and is therefore related to Tom's son. Both of Tom's other two best friends are by no means poor and both are willing to help, but not just to throw money at the problem.  They would help her if she would help herself and the fact that she is working at Mitsumi speaks volumes.  Its hard work and its hard to keep that job.

What is the procedure for her to apply to go live in the US, get a job, and raise Tom's son in the USA?  Honestly, once she is there I am sure she will find dozens of young suitor's and both her and the child will be fine.

Is this a viable option and how would one go about starting that procedure?  If this is another dead end I think I'll just drop it and Tom will know I gave it my best efforts.

I think passing the DNA test is easier than what you now are asking about. The path to get her to the US would be much easier if the son were declared a US citizen because of his father. The alternatives (tourist Visa, work related visa, educational visa) are difficult (impossible) to obtain. 

Your original goal was an admirable one and I would not give up on that yet. None of us knows for sure what the USCIS will require and speculation on whether or not your friend was really the child's father is at this point not relevant.

But all this does once again demonstrate that if you have loved ones in the Philippines, you need to plan to take care of them before it is too late.

[Gratefuled]

On 7/6/2017 at 8:38 AM, Dave Hounddriver said:

That's the problem.  The kid doesn't look like him.  When the subject was raised, he refused to discuss it (VERY stubborn old cuss) and I think he suspected and didn't want to know.  So to me, the fact that he accepted the boy as his own and supported him financially during his life says "that's his kid".  I know in Canada it would go a long way to proving its your son.  If you accept him since birth and support him financially and he calls you Daddy and there is no other 'daddy' in the picture then he is your son, in Canada.

I imagine it will be a bit of a sticky situation to explain to the kid when he is older that the American government says your dad is not your dad so you are not really an American.  Bureaucracy is strange stuff.  I guess its better to try now rather than later.  But I'm thinking it could get messy.

My stepson doesn't look anything like me but we have become very close. "mano po" is automatic with him if we are apart for any length of time. I can feel the love and respect he has for me. I have the same love and affection for him and treat him as if he was my blood.

I wanted to change his surname to mine but he insisted on keeping his mother's maiden name. He has a lot of respect for his grandfather. That's the kind of kid that he is. 

When we get to the states, my first priority will be getting his citizenship, his Social Security number so if and when I die, he will get all the benefits due to him. ( The same for his mother, my wife)

[OnMyWay]

1 hour ago, Gratefuled said:

My stepson doesn't look anything like me but we have become very close. "mano po" is automatic with him if we are apart for any length of time. I can feel the love and respect he has for me. I have the same love and affection for him and treat him as if he was my blood.

I wanted to change his surname to mine but he insisted on keeping his mother's maiden name. He has a lot of respect for his grandfather. That's the kind of kid that he is. 

When we get to the states, my first priority will be getting his citizenship, his Social Security number so if and when I die, he will get all the benefits due to him. ( The same for his mother, my wife)

You have already adopted him?

[KC813]

On 7/5/2017 at 2:46 PM, Dave Hounddriver said:

So that sums up the story, now here is the question:  Is there a way she can get either an American Passport for Tom's son or any assistance from his social security?  (There are no other claimants.)  If there is a way to do it then I would help her with any paperwork or link her up with the right people for the sake of my good buddy and knowing its what he would want.  BUT the sneaking hunch in the back of my mind says that a DNA test would not turn out good, but what DNA test if Tom has already been 6 months Resting in Peace?

Advice?  Encouragement? Discussion?  On forum or private message if necessary.  I would really like to help out as Tom helped me out when I was in trouble, many times.

I’ll chip in my two-centavos worth.  It’s good of you to try and help out in your friend’s situation.

Many forummers have hit on some of the specific requirements, so let me just put them all in one message to show the scope of the evidence necessary. 

The actual process of applying is a different issue.

First, had they been married, this would be simple.  But for a child born of an unmarried male USC out of the US, this gets very complicated, and will almost certainly require the assistance of your friend’s family in the US.

 

Here are the very basic requirements to meet to help this child prove US citizenship.

 

Proof of father’s USC at time of birth.  Maybe the mother has a copy of his US birth certificate or his passport identity page.  Otherwise, will need to get from the US family.

Biological issue.  Proving this may not be the biggest problem.  DNA evidence is not a beginning requirement and is often not requested.  The birth certificate is the starting point; fathers name on BC, timely registered, no amendments.  Next add evidence of a continual relationship (the friends’ statements and other evidence), plus proof that the USCitz was in the Ph (passport stamps) and in a relationship with the mother at the time the child was conceived.  Substantial evidence like this may be sufficient.

If there are still doubts, DNA may be requested, but it need not have to be from the deceased.  Combined with the other evidence, any relationship match between the child and your friend’s other relatives could be sufficient.  Again, the US family would have to assist.

USCitz friend’s Physical presence in US for five years prior to birth, two of those years after the age of 14.  While it takes very little evidence to prove presence (i.e. employment, school, tax, military records), gathering a few of these documents may require the assistance of the US family. 

 

Here is the problem. You need to meet one of these three:  

1.  A written acknowledgement of paternity, signed under oath.

2.  Legitimation of the child under the laws where the child has resided.  I’m no PH lawyer, but as far as I know, PH law only allows legitimation where a marriage was involved or when a child was conceived thru artificial insemination.

OR

3.  Paternity established by competent court.  I have no idea how this is done there, or if the US Embassy would  accept a Ph court paternity decision.  “Competent” is not a word used often to describe these courts.

 

Well, there it is.  A tough job, but if the requirements can be satisfied, citizenship is possible.

[Gratefuled]

23 minutes ago, OnMyWay said:

You have already adopted him?

Yes, but only by marriage to his mother. 

In the states, he will need SS number for benefits when I die.

[Dave Hounddriver]

3 hours ago, Gratefuled said:

When we get to the states

That's what should have happened.  Tom should have brought them over while he was alive and well and in the US but I think there is a financial criteria and he was a broke ass redneck like me :-) and his ultimate goal was to get back to Philippines.

[Gratefuled]

7 minutes ago, Dave Hounddriver said:

That's what should have happened.  Tom should have brought them over while he was alive and well and in the US but I think there is a financial criteria and he was a broke ass redneck like me :-) and his ultimate goal was to get back to Philippines.

Too bad.

That's why you should never put off today what you can put off tomorrow. ( or something like that)

 

"mañana mañana, mañana is good enough for me"

Edited July 8, 2017 by Gratefuled