Birth Registration At Us Embassy

[greg67]

I was wondering if anyone had a similiar experience: My daughter was born about two years ago and I was trying to register her with US Embassy as an american citizen born abroad. After receiving information packet from the embassy I, my girlfrien (we are not legally married), and our daughter traveled from Surin to BKK for our appintment in the embassy. After presenting all required paperwork and pictures of my girlfriend being pregnant she was pulled aside and questioned by two females (both americans) without me being allowed any input... Since my girlfriend is still legally married they insisted that she has to obtain a divorce before our daughter can be registered as a US citizen. My girlfriend hasn't heard or seen her husband for the past seven years since he left her. Correct me if I'm wrong but the marrital status of the parents seems totally irrelevant when trying to register a child in a relationship where at least one parent is a US citizen. They basically told me that they can't register my daughter as MY CHILD unless my girlfriend can produce divorce papers. It is almost the same as not having to pay child support in the US only because the mother doesn't have a divorce... I guess many dead beat dads would get off the hook if the same rules were applied in the US... I pointed out to "helpful" consular officers that God forbid we were back in the USA, and some woman accused me of being a father of her child, my wages would be garnished as a child support without giving me any opportunity to defend myself. In other words I would be presumed to be a father based on woman's affidavid. Here in Thailand the American Gov't is applying different, more convinient for them, sets of rules to its own citizens...

We will be going back to Embassy this July trying again to give my daughter what she deserves. It took my girlfriend over two years to get over that dreadful experience. No. She still doesn't have the divorce papers as they are rather hard to obtain (thank's to corrupted and greedy lawyers). Neverthless we hope for the best. Does anyone have any advice for me how to proceed in getting a US Citizenship for my daughter?

Greg

[lopburi3]

Suggest you read this web link sections of the citizenship laws:

http://uscis.gov/graphics/services/natz/citizen.htm

[expatinasia]

Excellent resource!

I'm sure other sections apply, but 309c (for children born out of wedlock) reads, in part: Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother...

[lopburi3]

Excellent resource!

I'm sure other sections apply, but 309c (for children born out of wedlock) reads, in part:  Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother...

<{POST_SNAPBACK}>

But the important part may be what you did not include: the mother must have been in the US:

© Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

Believe he would have to qualify under para a/b and that would require a legitimate child under Thai law which presently does not seem to be the case; but I am no expert and that is just my quick read.

Edited April 9, 2005 by lopburi3

[mouse]

I'm sure other sections apply, but 309c (for children born out of wedlock) reads, in part:  Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother...

That is scary cause my first child was born out of wedlock in Thailand, we then married and had two more children. All three naturally have my name and I am on the Birth Certificate of all three. Now will that mean that the first is not a citizen and the other two are?

Guess time to get busy and get to the Embassy and straighten this out before the change the law again. Incredible what messes governments tend to create.