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Thread: Can I apply for citizenship for my children

  1. #1
    Ok I am going to set a timeline for this one and hopefully someone can help.

    Met US citizen in 1993 and lived with him, unmarried, in Europe for5 yrs.

    We were having problems so he went back to the US.
    We wanted to see if we could make it together so the plan was for me and the kids to come to the us for a few months. I realized that the children were entitled to US citizenship and so filled in all the forms for US consulate report of birth and passport. he sent Me everything that was needed. On the forms they said a notarized copy of his passport was sufficient..when i got there they said no. He had to be physically present so as he was supposed to be coming to the Uk in order to help me travel with the kids i left the papers in the embassy. The lady I spoke to placed it in a drawer. I wasnt given a receipt for it. It was all very congenial.
    he didnt make it to the Uk. So I took the kids to the Us on a visa waiver intending to go back to the Uk with him and finish off the form process. It all went to ****. A lot of emotional pressure, I fell pregnant and I ended up overstaying in the Us. We stayed together in the US for 2 more years after that until 2000 when he up and left with 2 of the children(leaving the baby with me). After a few days I couldnt handle it and went and got the kids to stay with me.
    Fast forward 2 years later and we ended up in the same town again!!(Long story) He played an active role in the kids life. They stayed with him when I travelled and went to his house on a regular basis. He gave me child support for all children. In the meanwhile I discovered that I would be able to apply for US passports for the children without having to file for a greencard etc. I spent this time pleading with him to walk into the post office to fill in the application(as both parents need to be present) he put it off until this year may when he upped and left the city.
    Now My question is....
    Can I apply for a passport for my children using all the original paperwork that is and should be(who knows) in the Us consulate in London. He has signed the avidavit, the residency requirement, the acknowledgement of paternity, the financial support forms(which he did comply with. I have it all.?

    If not possible without his presense is there a way that I can legally adjust the children as US citizens through his mother even though they are technically out of status in the Us?
    I will be adjusting My own status thru marriage soon. I didnt get married for my greencard..I refused many offers over the years because I was really hoping to be able to adjust by myself. I missed the 245i through ignorance.
    What can I do to sort out this mess.
    I want My kids to have true US citizenship and not have to be naturalized.
    Thank you!

  2. #2
    Ok I am going to set a timeline for this one and hopefully someone can help.

    Met US citizen in 1993 and lived with him, unmarried, in Europe for5 yrs.

    We were having problems so he went back to the US.
    We wanted to see if we could make it together so the plan was for me and the kids to come to the us for a few months. I realized that the children were entitled to US citizenship and so filled in all the forms for US consulate report of birth and passport. he sent Me everything that was needed. On the forms they said a notarized copy of his passport was sufficient..when i got there they said no. He had to be physically present so as he was supposed to be coming to the Uk in order to help me travel with the kids i left the papers in the embassy. The lady I spoke to placed it in a drawer. I wasnt given a receipt for it. It was all very congenial.
    he didnt make it to the Uk. So I took the kids to the Us on a visa waiver intending to go back to the Uk with him and finish off the form process. It all went to ****. A lot of emotional pressure, I fell pregnant and I ended up overstaying in the Us. We stayed together in the US for 2 more years after that until 2000 when he up and left with 2 of the children(leaving the baby with me). After a few days I couldnt handle it and went and got the kids to stay with me.
    Fast forward 2 years later and we ended up in the same town again!!(Long story) He played an active role in the kids life. They stayed with him when I travelled and went to his house on a regular basis. He gave me child support for all children. In the meanwhile I discovered that I would be able to apply for US passports for the children without having to file for a greencard etc. I spent this time pleading with him to walk into the post office to fill in the application(as both parents need to be present) he put it off until this year may when he upped and left the city.
    Now My question is....
    Can I apply for a passport for my children using all the original paperwork that is and should be(who knows) in the Us consulate in London. He has signed the avidavit, the residency requirement, the acknowledgement of paternity, the financial support forms(which he did comply with. I have it all.?

    If not possible without his presense is there a way that I can legally adjust the children as US citizens through his mother even though they are technically out of status in the Us?
    I will be adjusting My own status thru marriage soon. I didnt get married for my greencard..I refused many offers over the years because I was really hoping to be able to adjust by myself. I missed the 245i through ignorance.
    What can I do to sort out this mess.
    I want My kids to have true US citizenship and not have to be naturalized.
    Thank you!

  3. #3
    You can forget about the paperwork you left in London. If you didn't get a receipt, you didn't file anything. You can file for proof of your children's citizenship. You will have to prove the father's paternity (court order, DNA, etc), show that the father was a US citizen who lived in the US for five years (two after the age of fourteen), and that he agrees to child support until the children turn 18. You should file form N-600 with the USCIS for a certificate of citizenship AND apply for a US passport for each child. For children under 14, both parents have to be present to apply for the passport unless you have full legal custody of them.

    Your new spouse could file for the children based on a step relationship, but since US citizens can not be issued "green cards", the children's applications for LPR status should be denied (or a least held pending review of an N-600.)

  4. #4
    Yea . It is a shame that I left those papers in the Us embassy because it was the signed avidavit of support and the residency papers. He had changed his name legally and the original change of name form was included. I hope that they dont throw paper away. They must have some kind of filing system even if its archived because there were birth certificates also.
    I considered filing for the passport. That was what the state department told me. I dont need to file an N600 for that because the passport form allows for the additional information that was misplaced in the Uk in the Us. Ie. notarized financial support, residence for father but he still will have to be physically present. Hmm and the green card thing is true. They are considered as US citizens so arent eligible for green cards. What a mess!

  5. #5
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Actually, although they are citizens (we believe), but they could apply for green cards. Or rather your new husband could petition for them, and they would receive green cards. Once they have green cards, you may go that same day and apply for US passports for them to show that they are US Citizens, by way of their stepfather's citizenship. If a child is under 18, has a green card, and is living with a citizen father (includinf step father), they are automatically eligible for citizenship.

    As for the paperwork in London. There is a good chance that it would be enough to get them citizenship based on their biological father if you had it. Do you really believe you can get it?

    You don't need the father to apply for the passport. You can write a letter explaiing why he is not available. But you do need proof that he is the father.

  6. #6
    Hmmm well BCIS and the State department told me two different things. BCIS say thay they need a green card and then theoretically they will be automatic citizens on receipt of that based on Clintons bill of 2001(Childen born of a us father out of wedlock are able to receive automatic citizenship)

    The state department said that I could apply for a US passport. The paperwork needed is the same for a US consular form of birth abroad. (Its on the actual passport form)

    They have a full length notarized birth certificate from the UK that has him as the father. In the Uk if you are unmarried the father has to physically be present to register a baby so his signature acknowledging his paternity is in the actual legal restrisy in the UK.
    I know the law as relates to US citizenship based on a US father. The father has to have lived in the US for a certain number of years.(he is american born and raised), The father has to promise to support his children until 18(he has physically given me money for the children without a court order..which I also have in writing.
    Its all been done. I even have a signed letter from him that affirms HOW much he pays a month in child support. Their claim to citizemship is clear. The problem is I want the easiest method to getting the paper proof. A passport is $70 as opposed to $300 for a green card and THEN with a greencard you have to pay for a naturalization certifciate AND a passport. One is directly through the state department..the other is BCIS. I prefer the state.
    I just dont want to make a wrong move. I will probably have to speak to My congressman to see if he can call the US embassy and see if the papers are still archived somewhere. I just cant see them destroying a legal document.
    Oh well...more work

  7. #7
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Well, if you have the father's name on the birth certificate, and you have some proof of the father's US Citizenship, what are you still missing to apply for a US passport?

  8. #8
    the letter stating the years that he lived in the usa.

  9. #9
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Isnt there any other proof yo8u can offer of him living in the US? Can you get any school records, leases, letters from his parents? After so much time together is there anything else you can get that shows he lived in the US for 5 years of his life?

  10. #10
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    Also- while a passport will be much faster then a green card thorugh the step father- it will cost more than $70. There is an additional charge for adjudicating the citizenship issue, paid to DOS.

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