Any chance of NOT needing paternity test

[HaroldC]

My Filipina wife has a Filipina friend who is just about to take the oath for US Citizenship.
She has just revealed that she has a 6 year old son in the Philippines fathered by her Filipino boyfriend but born AFTER she married her current American husband. She put the American's name as the father on the birth certificate- he is quite excited about it.  They intend to get the boy a US passport based on that birth certificate.
I am quite sure that by both Philippines and US law the child is legitimately theirs; however, I do not believe that the US Embassy in Manila will issue a passport without a paternity test- State Department literature mentions the possibility of  'documentation' sufficing, but I doubt there are any exceptions in the Philippines these days- fraud of all types being rampant there.
Does anyone know of any case where a child born to an American father in the Philippines did not require a paternity test to get a US passport?
Thanks.
 
 

[robert angel]

There are better 'jail house' lawyers on this site than me, but I'd advise running it by a real lawyer before making a move that could could jeopardize the case and possibly cause a delay at best and at worst, really long delays, high expenses and possibly fraud charges.
 
I would think if she's the Mom and a US citizen from the Philippines , that she and her husband should be able to legally bring the child over w/o too much musss n fuss. But then again, I'd check all that out with a lawyer and wait for the other guys to maybe say something on here. There are still some laywers that'll give you a first consult visit for free and a few 'consults' and you usually have a better handle on the whole thing. If the prospective step dad is really "quite excited" about it, perhaps he ought to try that.
 
As for that "She has JUST revealed that she has a six year old son", I dunno what to say, except I never saw THAT watching "Days of Our Lives". 

[Ray]

My Filipina wife has a Filipina friend who is just about to take the oath for US Citizenship.
She has just revealed that she has a 6 year old son in the Philippines fathered by her Filipino boyfriend but born AFTER she married her current American husband. She put the American's name as the father on the birth certificate- he is quite excited about it. They intend to get the boy a US passport based on that birth certificate.
I am quite sure that by both Philippines and US law the child is legitimately theirs; however, I do not believe that the US Embassy in Manila will issue a passport without a paternity test- State Department literature mentions the possibility of 'documentation' sufficing, but I doubt there are any exceptions in the Philippines these days- fraud of all types being rampant there.
Does anyone know of any case where a child born to an American father in the Philippines did not require a paternity test to get a US passport?
Thanks.

　
Hi Harold, how have you and the family been?
　
First, did she just reveal to her husband that she had a child, or was he fully aware of this from the beginning? She could "possibly" be guilty of fraud in her visa application, making her legal basis for being here invalid.
　
Actually, a genetic paternity test is not normally required. And yes, the fact they were married at the time of the child’s birth does make the child legitimate.
　
HOWEVER,[/b] the child must be the BIOLOGICAL child of the American citizen father to be considered a US citizen by birth, so they will need to use another route. Their current plan is based on fraud.
　
If he submits the application for a CRBA (Consular Report of Birth Abroad), he will need to provide evidence of the relationship between the mother and father at the time of conception (9 months before the birth). He will also have to show that he was physically present with the mother in the Philippines when the child was conceived.
　
Without proper evidence of relationship, or if the child shows up for the consular interview and obviously appears to be pure Filipino, while the father is white or black for example, a paternity test would obviously be requested.
　
The proper way to do this would probably be to petition the child for an immigrant visa, then apply for naturalization after arrival. And since the mother will soon be naturalized, the child may be eligible for citizenship through the mother (see Child Citizenship Act of 2000).
　
Ray
　

[Bob_S]

Keep it simple.  Once the mother becomes a citizen, she can petition to bring over the child on an immigrant visa. (Not simple, really, as we all know, but avoids legal entanglements or hints of fraud that can get them all in trouble.)


But inquiring minds want to know, did he know his wife was pregnant when he married her?  Or was she not showing and gave birth during the time he was back in the States while she was waiting for her visa?   

[Calipro]

Keep it simple.  Once the mother becomes a citizen, she can petition to bring over the child on an immigrant visa. (Not simple, really, as we all know, but avoids legal entanglements or hints of fraud that can get them all in trouble.)


But inquiring minds want to know, did he know his wife was pregnant when he married her?  Or was she not showing and gave birth during the time he was back in the States while she was waiting for her visa?   

Not simple at all......do they give immigrant visas for kids that have a U.S. citizen listed as the father on the birth certificate? Doubt it.


I'd suggest they fix the birth certificate before they submit it to the US embassy for anything.


If it is found out by the embassy it is going to look like they are committing fraud by trying to say the baby is a US citizen when it isn't or that they chick cheated behind the guys back and pulled the wool over the guy's eyes by saying the child was his when it wasn't.


This guy has gotten himself into one big pile of shiiiiiit  that is for sure.

[Ray]

Not simple at all......do they give immigrant visas for kids that have a U.S. citizen listed as the father on the birth certificate? Doubt it.

　
The father listed on the birth certificate and who the real biological father is has nothing to do with it. As the stepchild of an American citizen, the child can be petitioned for an immigrant visa by the stepfather, adopted or not. The lawful permanent resident mother could also petition her unmarried child under 21. See Form I-130 instructions.

I'd suggest they fix the birth certificate before they submit it to the US embassy for anything.

　
Bad advice. The birth certificate doesn’t need to be "fixed". The mother can put anything on the birth certificate for father’s name and it does not prove paternity or necessarily indicate that she is committing fraud. The important facts on the birth certificate are the mother’s name, and date and place of birth.

Ray
　
 

[Jhengsman]

What is the ultimate goal to unite the child with his mother in the states or to have the child proclaimed a US citizen now?

[Gato4Astrid]

My Filipina wife has a Filipina friend who is just about to take the oath for US Citizenship.
She has just revealed that she has a 6 year old son in the Philippines fathered by her Filipino boyfriend but born AFTER she married her current American husband. She put the American's name as the father on the birth certificate- he is quite excited about it.  They intend to get the boy a US passport based on that birth certificate.
I am quite sure that by both Philippines and US law the child is legitimately theirs; however, I do not believe that the US Embassy in Manila will issue a passport without a paternity test- State Department literature mentions the possibility of  'documentation' sufficing, but I doubt there are any exceptions in the Philippines these days- fraud of all types being rampant there.
Does anyone know of any case where a child born to an American father in the Philippines did not require a paternity test to get a US passport?
Thanks.

Looks like a fraud!  She shouldn't write a fake birth certificate!

[Bob_S]

Looks like a fraud!  She shouldn't write a fake birth certificate!

Not necessarily.  Depending on where you live and the local laws, the wife's husband is the legal father, no matter who the sperm donor was.  No need to change the birth certificate.  This would be a doozy to put before the pundits at Visa Journey.

[Calipro]

Not necessarily.  Depending on where you live and the local laws, the wife's husband is the legal father, no matter who the sperm donor was.  No need to change the birth certificate.  This would be a doozy to put before the pundits at Visa Journey.

Could be..... but for a baby to become a US citizen and receive a passport an american must be the biological father and from the post above it appears then guy already is trying to get a passport for the baby.....bad move ......and I believe it will be interpreted as fraud either by him or his spouse or both.


At the very least the guy should own up to the fact that the baby is not his and try and get a visa instead of a passport for the child.

[Calipro]

Looks like a fraud!  She shouldn't write a fake birth certificate!

Could be that Bob S is right in saying that it is legally OK to put the husband's name on the birth certificate instead of the biological father's.


But I believe it is illegal to request a passport (US citizenship) based on that birth certificate.....should have owned up that the child isn't his and requested a visa before it's too late.

[Gato4Astrid]

Not necessarily.  Depending on where you live and the local laws, the wife's husband is the legal father, no matter who the sperm donor was.  No need to change the birth certificate.  This would be a doozy to put before the pundits at Visa Journey.

What happened when this woman divorced to this American husband, and in the court, will she say that he is not the father though she listed his name in the birth certificate?

[Calipro]

What happened when this woman divorced to this American husband, and in the court, will she say that he is not the father though she listed his name in the birth certificate?

More likely scenario is that they divorce and she says he is the father so she can collect child support. Doesn't seem like this guy is thinking that far ahead.

[thekfc]

..... but for a baby to become a US citizen and receive a passport an american must be the biological father......

A child can become a US citizen at birth through the citizen mother if certain conditions are met (it do not have to be the father): Section 301(g) & Section 309(c) of the Immigration and Nationality Act.

The best way to handle the above case is the way Ray & Bob mentioned:
The mother is about to become a US citizen, so she should wait until she takes the oath & become a citizen. Then petition for her son to enter the USA via an immigration visa and apply for citizenship for him after his arrival.

[Calipro]

 A child can become a US citizen at birth through the citizen mother if certain conditions are met (it do not have to be the father): Section 301(g) & Section 309(c) of the Immigration and Nationality Act.

Not all that relevant considering the mother was not a citizen at the time of the birth.


But I agree the only legal way to get the child in the country is to apply of a visa instead of claiming it is a US citizen. Kind of weird that they waited this long to bring the kid over
.....when her husband could have petitioned the child to come with her when she came. Something ain't right about this or the way they are going about it.

[robert angel]

Like I said from the git go, doing this legal like is really the best way to go. You start getting into gray areas that are susceptible to various interpretation and your chances of getting screwed or at best delayed, get a lot higher. I can't imagine that going 'by the book' given the fact that the Mom's here and is (or will be shortly)  a USA citizen, would make the process to get the kid here THAT difficult.
 
Heck, you can call USCIS and talk to a real live person and w/o even divulging your name, so ask them-- for crying out loud. No guaranteee you'll get a 100% clear answer, but it's worth a try--even several tries. Sometimes I had to call them several times, in order to get different persons until I was clearer on my question's best answer, but usually it eventually proved worth my while.
 
With the UCSIS, I'd sometimes totally play around their arcane, byzantine phone menu sequence, hitting menu options that to me didn't make sense and that typically got me to real live person more quickly. I'm sure it's changed, but at one time, I actually figured a way to get my call to a person inside the Manila embassy, a person who didn't give the pat answer "All we can tell you is what you see on your screen--we're looking at the same exact information on our screen as you are". You can play around a bit like that w/o necessarily showing your hand in a way that could damage your case.
 
Even if it costs a few $100 more and maybe take a few months extra to 'go by the book', at least you don't have to worry about whether or not you can slide it through under what might be seen as under dubious intent.
 
If the embassy/USCIS gets the impression that you're trying to pull a fast one and has your personal info, you'll have a long tough road ahead, if any road to pursue at all. They hold the most important cards and can call em as they see em. I'd rather kiss their ass a wee bit than take it up mine from them.
 
If you're in a city of decent size, you can quite likely get a free consult with a lawyer or two to see how it typically plays out under various scenarios. Just have your questions short, sweet and ready for the attorney--they typically don't like to take too much time discussing intangibles on their free time.
 
Oh yea--take notes at each turn, look em all over afterward and you'll hopefully come up with some common denominators leading you to the best course of action.

[fathertime]

 


At the very least the guy should own up to the fact that the baby is not his and try and get a visa instead of a passport for the child.

i agreee with this sentiment. 


Fathertime! 

[Gato4Astrid]

More likely scenario is that they divorce and she says he is the father so she can collect child support. Doesn't seem like this guy is thinking that far ahead.

and what if he wants to keep the child

[Bob_S]

But I believe it is illegal to request a passport (US citizenship) based on that birth certificate.....should have owned up that the child isn't his and requested a visa before it's too late.

At least by putting her husband's name on the birth certificate, she doesn't have to get permission from the POS ex-BF sperm donor to allow the child to leave the country.


On another note, given the probable timeline involved, you know she was still knockin' boots with her Pinoy BF while she was web-chatting with her husband-to-be.  She may not have dumped the BF till she knew for certain that the husband-to-be was even coming for a visit.  That should serve as a cautionary tale to guys who think they are all that when gettin' lots of on-line attention from a chat-friend you think is your girl friend.  You are nothing to her really till you have boots on the ground and see her face to face.

edited for spelling error

[thekfc]

                                                           

You are nothing to her really till you have boots on the ground and see her face to face.