Girlfriend is pregnant

[Mike J]

41 minutes ago, OnMyWay said:

My first daughter was born out of wedlock.  I read up on all the CRBA requirements and followed them to the letter.

It is helpful that you have actually been through the process.  I wonder how close your case mirrors his and if these are the same rules in place as you had to follow?

For example he appears to still live in the US (based on his profile).  Were you already living here permanently?

The girlfriend is still legally married to another (I assume a Philippine citizen).  Was your wife single?

How long have they known each other and what was the relationship?   Your relationship?

I just wonder if your case may have been more clear and easier to adjudicate that what the OP is facing?

[OnMyWay]

34 minutes ago, Mike J said:

It is helpful that you have actually been through the process.  I wonder how close your case mirrors his and if these are the same rules in place as you had to follow?

For example he appears to still live in the US (based on his profile).  Were you already living here permanently?

The girlfriend is still legally married to another (I assume a Philippine citizen).  Was your wife single?

How long have they known each other and what was the relationship?   Your relationship?

I just wonder if your case may have been more clear and easier to adjudicate that what the OP is facing?

No doubt that his case will be more complicated than mine.

I think he said that he will move here permanently.  I was here permanently and my future wife and I had been living together for about 1 year when our daughter was conceived.  What he can do now to help his case is get the ob/gyn to nail down the date of conception and hopefully that coincides with his visit!  U.S. Embassy will want to know the timeline of everything along with communications they had.  E-mails, etc.  And, pictures of being together, etc.  It may be the case that they ask for a DNA test as his information is going to be small compared to the stack of stuff I put together!

However, you know what a huge factor is?  If the child looks like the U.S. parent.  If you are a white skinned red headed long nosed Irish-American guy and you go to the interview with a dark skinned Filipino nosed baby, you are looking at a DNA test for sure!

My wife and I have been to 5 or more embassy outreaches and there are always lots of kids there.  We find it interesting to observe the kids and mommys and daddys, and wonder which kids will get their CRBAs.  There are some that make you say "no way"!

I don't think the U.S. Embassy cares about the annulment as far as the child is concerned.  My wife's annulment was approved after conception but before birth.  If the child is truly a child of a U.S. citizen, he has rights as a U.S. citizen no matter the marital status of the mother.  I don't think the embassy ever even mentioned anything about this.

[OnMyWay]

1 hour ago, robert k said:

Might make a difference if she is still married to another man. It's usually presumed that the issue of any marriage is from the husband, and many men have supported children not their own because they were married to their wife at the time they bore the child. If the US did not require a DNA test? I would think my taxes are misspent!

There is a whole process the embassy goes through to establish if the child is a U.S. citizen.  DNA testing would be the last step, if required.  Why order a DNA test of everything else looks legit and the kid looks like the foreign parent?

My wife and I had a history starting in 2011, including photographs together in many places including the U.S.  When Katy was born in 2014, she looked like me a lot more than her mom.  Fair skinned, western nose, etc.  They also interview you and are probably good at noticing when someone is trying to get away with something.

Both of our daughter's look more like me, so DNA testing was never in play.  We were lucky with that!  It is true that these little scammers are pulling Social Security on my SS account, but that is money I paid in, at least for now!

 

[OnMyWay]

1 hour ago, Arizona Kid said:

My GF just went through this process 3 months ago with the US Embassy in Manila. The DNA testing is the most important thing to get done. You will need a credit card to give to the testing place that the US Embassy recognizes as legit. I used my card and it was $800 bucks. It's in Ohio somewhere. Once that is completed it's easy street. Just complete the paperwork that they require and your child will be issued a US passport that will be good for 5 years. When your child turns 16 he or she can renew for 10 years. Also make sure a SSN is issued. It's time consuming but worth it. PM me if you need more detailed info.  

AK, your post seems like you are recommending getting a DNA test without consulting the embassy first.  Just to be clear, regarding U.S. citizenship, nobody should get a DNA test unless the embassy asks for it.  In many cases it is not required and someone would be wasting money to get it.

[Jollygoodfellow]

3 hours ago, OnMyWay said:

What he can do now to help his case is get the ob/gyn to nail down the date of conception and hopefully that coincides with his visit! 

And if it doesn't will that be the end of the story 

[robert k]

4 hours ago, OnMyWay said:

There is a whole process the embassy goes through to establish if the child is a U.S. citizen.  DNA testing would be the last step, if required.  Why order a DNA test of everything else looks legit and the kid looks like the foreign parent?

My wife and I had a history starting in 2011, including photographs together in many places including the U.S.  When Katy was born in 2014, she looked like me a lot more than her mom.  Fair skinned, western nose, etc.  They also interview you and are probably good at noticing when someone is trying to get away with something.

Both of our daughter's look more like me, so DNA testing was never in play.  We were lucky with that!  It is true that these little scammers are pulling Social Security on my SS account, but that is money I paid in, at least for now!

 

But was your wife still married to another man at the time? Apples and oranges if she wasn't.

[OnMyWay]

1 minute ago, robert k said:

But was your wife still married to another man at the time? Apples and oranges if she wasn't.

No, but read my other reply to Mike.  The child has rights as U.S. citizen regardless of the mother's marital status.  I don't think the marital status comes into play with the U.S. embassy.

[robert k]

4 minutes ago, OnMyWay said:

No, but read my other reply to Mike.  The child has rights as U.S. citizen regardless of the mother's marital status.  I don't think the marital status comes into play with the U.S. embassy.

Read it, and reread it, it still has nothing to do with my point.

[OnMyWay]

9 hours ago, OnMyWay said:

I don't think the U.S. Embassy cares about the annulment as far as the child is concerned.  My wife's annulment was approved after conception but before birth.  If the child is truly a child of a U.S. citizen, he has rights as a U.S. citizen no matter the marital status of the mother.  I don't think the embassy ever even mentioned anything about this.

 

4 hours ago, robert k said:

But was your wife still married to another man at the time? Apples and oranges if she wasn't.

4 hours ago, robert k said:

Read it, and reread it, it still has nothing to do with my point.

IMHO, U.S. law does not give any weight to the marital status of the mother.  If paternity is proven, they have a duty to give the kid his rightful citizenship.  Doesn't matter is the mother is married to 12 men.

Apples and oranges as far as how much hassle it will be, yes, probably.  But if paternity is established, end of story.

Edited August 7, 2019 by OnMyWay

[robert k]

22 minutes ago, OnMyWay said:

 

IMHO, U.S. law does not give any weight to the marital status of the mother.  If paternity is proven, they have a duty to give the kid his rightful citizenship.  Doesn't matter is the mother is married to 12 men.

Apples and oranges as far as how much hassle it will be, yes, probably.  But if paternity is established, end of story.

I never said that if paternity was proven that the child wouldn't be an American Citizen, I wonder where you got that idea? I am saying I would be disappointed if the officials were not thorough in a case where the mother was married to someone other than the purported father.

I think the problem here is you are replying to what you thought I said, instead of what I actually said. 

Edited August 7, 2019 by robert k