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  • Child born out of wedlock ...

    Our son was born out of wedlock in germany while I was stationed there (army) in 1995. In 1996, after I was deployed back to the states, my girlfriend and son came here on a I-94W visa waiver and we got married in Colorado. My name is not on the german birth certificate because they did not do that back then, only if you were married. After my girlfriend and I got married , we applied for permanent residece for her and my son. The immigration officer said that my son should rather apply for citizenship and we are still stuck on this process. Mainly. because my name is not on the original birth certificate ( the only one my son has ). I failed to register him for a certificate of birth abroad at the german embassy. So there is two problems that we have, one is getting help on how to register my son for a birth abroad without traveling out of country, and secondly, how to change my sons lastname to my lastname (he still has to use my wifes maiden name). We have been living in the USA for 12 years, have not left the country. I had a paternity test done in 2002 confirming 99.98% to be the father of my son. My son did enter legaly into this country. We all live together here in Michigan. My lack of knowledge back then has caused us many hardships, we even hired an adoption attourney to do a relative adoption that way I could be added to the b-certificate and his lastname could be changed to mine, but so far three judges in three different counties said this would not be the proper way to do this, they can only do a name change on a b-certificate of a child born in the USA. If anyone has any suggestions or nows how to send us in to the right direction we would greatly appreciate your input.

  • #2
    Our son was born out of wedlock in germany while I was stationed there (army) in 1995. In 1996, after I was deployed back to the states, my girlfriend and son came here on a I-94W visa waiver and we got married in Colorado. My name is not on the german birth certificate because they did not do that back then, only if you were married. After my girlfriend and I got married , we applied for permanent residece for her and my son. The immigration officer said that my son should rather apply for citizenship and we are still stuck on this process. Mainly. because my name is not on the original birth certificate ( the only one my son has ). I failed to register him for a certificate of birth abroad at the german embassy. So there is two problems that we have, one is getting help on how to register my son for a birth abroad without traveling out of country, and secondly, how to change my sons lastname to my lastname (he still has to use my wifes maiden name). We have been living in the USA for 12 years, have not left the country. I had a paternity test done in 2002 confirming 99.98% to be the father of my son. My son did enter legaly into this country. We all live together here in Michigan. My lack of knowledge back then has caused us many hardships, we even hired an adoption attourney to do a relative adoption that way I could be added to the b-certificate and his lastname could be changed to mine, but so far three judges in three different counties said this would not be the proper way to do this, they can only do a name change on a b-certificate of a child born in the USA. If anyone has any suggestions or nows how to send us in to the right direction we would greatly appreciate your input.

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    • #3
      Maybe this might help:

      http://www.uscis.gov/files/pressrele...Act_120100.pdf

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      • #4
        I will have to research the laws at the time of your sons birth, but you could get a divorce and have your son legimatized in the papers.

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        • #5
          I appreciate the suggestion, but I am not going to divorce my wife whom I love and live with now for 14 years, married for 12 years. I am looking for a way to do a register of birth abroad without traveling out of country. Wondering if anyone has experience in that field.

          shepweb

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          • #6
            Presumably your wife is now a Citizen by now, might be asier to ignore your involvement, her son should have obtained citizenship o the back of her appication.

            And why are you so focussed on the German Birth Certificate, there is no need for your name to be on that to obtain US Citizenshp for your son, a DNA test may be required.

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            • #7
              My wife is not a US Citizen. I am so focused on the german b-certificate because I would like for my son to have my lastname. By law, he has my wifes maiden name as his lastname, because I am not on the b-certificate. I did have a paternity test done a few years back, that's my only document proving that I am the father.

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              • #8
                shepweb,

                Have you spoken to the German consulate? Or the German birth death and marriage offices in Germany?
                They might be able to give you information on how to have your name on the birth certificate.

                The same thing happens in England too, and I know that to have the father's name on it, the father has to be present at registry to have the name on it to, unless you are married of course.

                My certificate had to be changed as my parents were not married when I was born, but once married my birth certificate had to be amended with my mum's last name changed.
                Father usually has to be present to make the amendments or name added on.

                You may well have to go to Germany to do this, but if you call the German consulate offices here in the US, they may find a way for you to do it without having to go there in person.

                Once you get a birth certificate, you will need it translated too, and I am sure the embassy can do this for you.
                It will be worth a call to find out either way.

                http://www.germany.info/relaunch/inf...y/embassy.html
                -----------------------------------------------------------------------------------------------
                God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                National Domestic Violence Hotline:
                1.800.799.SAFE (7233) 1.800.787.

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                • #9
                  Thank you for the info, I will try this out. I tried to get my son a passport -- which has less requirements when it comes to the proof of citizenship, and thought this document could help me further when it comes to citizenship application but again I got stuck on the lastname. His b-certificate has my wifes maidenname on it and his ssn card has my lastname on it.

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                  • #10
                    shepweb, I am suprised that SS put your last name on it.
                    Maybe there are different rules by States.
                    I know in my State I had to produce the birth certificate for my son to get a SS # and they took the names off that, that was their rules.

                    My name was changed only because I had to show proof that I was married ( marriage certificate).

                    I hope this doesn't cause confusion.

                    I was also warned that all my ID's have to be in same name as what immigration had me as otherwise it shows as a red flag through the databases later on. I had to in the end get my last name changed with USCIS so it all tallied up with SS.
                    I know he is only a child, but be sure everything does correspond with the other.


                    If the only way to get your name on his birth certificate, I would suggest start with the German side, then sort out the US side of things if that is the easiest route then having to adopt him.
                    -----------------------------------------------------------------------------------------------
                    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                    National Domestic Violence Hotline:
                    1.800.799.SAFE (7233) 1.800.787.

                    Comment


                    • #11
                      They put the my lastname on the ssn card becaue I was in the service when we moved to the USA. Talking about confusion -- I could not be more confused. What a mess I created without knowing it. I jusr found out that the embassy site does not cover the state of michigan, but there is a german consulate in chicago, I will check that out. Speaking of adoption, we hired an adoption attourney and we had to pay her upfront for the relative adoption -- howerver, she is stuck as well. Thanks again Sprint_girl07, we appreciate your info very much.

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                      • #12
                        Oh sorry I should have said there is more then one embassy. Yes certain ones cover certain States.
                        I'm glad you found the other one.

                        Yes I know these kind of situations are confusing, I have read many cases like yours.

                        Not only are there the guidelines and rules for a State or to this country, but there are also the ones from the Country abroad. Somehow they don't seem to work together, especially for cases like these.

                        I wish you all the luck, and I am sorry I don't have the answers for you, but hopefully the embassy might.

                        Please come back and update us, your information could be very helpful for others in the same situation looking for advice.

                        -----------------------------------------------------------------------------------------------
                        God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                        National Domestic Violence Hotline:
                        1.800.799.SAFE (7233) 1.800.787.

                        Comment


                        • #13
                          Hello,


                          You will need to send the proof of paternity to the German Standesamt where your son was registered with a note to adjust the birth cefiticate. You need to have the paternity verification translated and notarized. It shouldn't cost you more than 20 Euros.

                          I still don't understand why you are not on the birth cefiticate, because my oldest boy's father and I were not married when our son was born and he is on it. I was born out of wedlock and my father was on my birth cefiticate also and that was a few years back, so something did go wrong in your case.
                          But like I said, it is very easy to put your name on the cefiticate. Also ask the Standesamt to send you an international birth cefiticate back, otherwise it will cause more problems here.

                          Sincerely,
                          Vegado

                          Comment


                          • #14
                            HI Vegado..I was thinking about you when I was reading this.

                            Great information, hopefully now it will not be as hard as he first thought it would be
                            -----------------------------------------------------------------------------------------------
                            God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                            National Domestic Violence Hotline:
                            1.800.799.SAFE (7233) 1.800.787.

                            Comment


                            • #15
                              Vegado,

                              are you saying that I can do this through mail from here ?
                              To answer the question on why I was not put on b-certificate. I remember when my wife (back then only my girlfriend) filled out the paperwork for the b-cert. while she was still in the hospital that was in 1995 in the state of Hessen, Germany. She added all my info as well and my b-cert., ID etc. HEr mom went to the STandesamt to get the b-cert. and came back with this one that only has her name on in. She showed us the note the STandesamt person attached to it, saying can not be added at this time because not married. I had to go to the Jugendamt and under oath sign acknowledgement of paternity for child support purposes, we thought that would be all we needed at the time. Shortly after, I was deployed back to the USA. WHen I found out that I would not return to germany any time soon, I had my girlfriend with our son come here and we got married and started the immigration process. SHe was also pregnant with our second child at the time, who luckily was born here on base.

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