American Father With Luk Krung

[flamingtodd]

I have ran-sacked the archives, and what I can't find is an answer to this question:

I am an American with a child that is half Thai. I live alone with my child in Thailand on a Tourist Visa and would very much like to travel w/child to the US, but the child only has a Thai Passport.

The mother has since run off, and wants nothing to do with the baby. I have spent nearly 200k Baht trying to locate her, but I have been unsuccessful. I asked about getting the child a US Passport, but was denied due to the mother’s absence.

I have a notarized document from the mother stating she wants nothing to do with me or the child, and her permission for me to travel outside Thailand with the baby. The US Embassy never got back to me regarding the letter, which is actually (2) copies, both signed, One in Thai and one in English.

Is this possible? To travel with only a Thai Passport? Will there be any issues on the US end?

Thanks very much,

Todd

[thaihome]

Have you applied for the Consular Reports of Birth Abroad? What did you expect the Embassy to do with the document you sent? Send a US passport back or something?

There is no requirement for the mother to present or even to sign anything.. Assuming you were not married to the mother here are the requirements for

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A. applicant is legitimated under the law of their residence or domicile,

B. father acknowledges paternity of the person in writing under oath, or

C. the paternity of the applicant is established by adjudication court.

Edited July 2, 2008 by thaihome

[flamingtodd]

No, I had called to ask about requirements, and told them of the letter, but they never answered me. May be that they are very busy.

If what you are saying is that the mother need NOT be present during the US Embassy visit, then my problems are solved.

I was NOT married, and have never been married. (never will be)

How do you know this for sure? I guess I just have to make an appointment and just go, and see what they say.

Thanks Thaihome for your answer.

[Thailaw]

Sorry to tell you that Thaihome is incorrect. Having just gotten a US report of birth and US passport for my daughter born to her Thai mom, I will tell you that the mother was required to be be present at the application interview and execute a certificate/affidavit in front of a US Embassy officer that I am the child's father (her mom and I are not married). I have no idea what document you have from your daughter's mother, if you can prove its vadidity/authenticity, or if it might satisfy the Embassy's requirement, but I am doubtful. A US tourist visa in your daughter's Thai passport may be the best approach, but this may have issues/problems also. The best first step is to talk to the US Embassy. They have an e-mail contact [email protected], whcih they have been very responsive, at least with me. Good luck!

[thaihome]

Did they you have to a DNA test? The certificate/affidavit was to prove you are the father. In his case, he will probably have to do a DNA test, then there is no need for the mother to sign anything. What would they do if the mother was dead? The mother does not have to be there, though have you proved it may make it easier if she is.

I do agree he needs to send a coherent e-mail to the consulate asking clear questions and they will respond, often very quickly.

If he thinks he was denied a US passport for his child due to the mothers absence, do you really think he can do the paperwork to get a tourist visa for child?

TH

[wolfmanjack]

It should not be too much trouble for him to get an american passport for his daughter. The problem may be the thai immigration when he tries to leave thailand. I had to have a letter from my wife saying it was okay for me to take my child out of the country and we were all traveling on american passports.

[IMA_FARANG]

I have ran-sacked the archives, and what I can't find is an answer to this question:

I am an American with a child that is half Thai. I live alone with my child in Thailand on a Tourist Visa and would very much like to travel w/child to the US, but the child only has a Thai Passport.

The mother has since run off, and wants nothing to do with the baby. I have spent nearly 200k Baht trying to locate her, but I have been unsuccessful. I asked about getting the child a US Passport, but was denied due to the mother's absence.

I have a notarized document from the mother stating she wants nothing to do with me or the child, and her permission for me to travel outside Thailand with the baby. The US Embassy never got back to me regarding the letter, which is actually (2) copies, both signed, One in Thai and one in English.

Is this possible? To travel with only a Thai Passport? Will there be any issues on the US end?

Thanks very much,

Todd

The very first thing they say is "Clear and conclusive proof that the U.S. citizen is the father"

That usually means an interview with the Thai mother so they can determine where/when/what hopital/etc. the child was born.

If for some reason the mother can't be found, it will probably require a birth certificate, with mother's name and your name indicated as father on it. Thai documents will need a certified translation.

If you don't have either, you will need some kind of statement from the doctor or hospital that can prove you were the father.

Without sonething like that, you're out of luck.

If you pay for a DNA test, get the results certified. and submit that as evidence (assuming it proves you are the father) it may be enough to prove paternity.

I don't know what the consulate will accept. A simple blood test is not good enough.

As the father, you should already have registered her as your daughter, just so she would be eligable for U.S. citizenship