I have child with Thai woman and would like baby to have USA citizenship. However, still have legal marriage in US due to medical insurance need and tax reasons but have lived apart for 15 years. Regulation state "Proof of termination of any previous marriages, if any, in the form of divorce decree (original or certified copy) or death certificate (original or certified copy)". Is this a drop dead issue?

You are legally married to the person in the USA, the child in Thailand is not yours by Thai law, and probably could not gain citizenship of the US by your own laws.

(do not quote me on the part about gaining citizenship).

Not sure the above post is correct. I also had a child (6 years ago) here with my Thai GF whilst still in the midst of divorce to my wife in the US. Had no problem getting her a US passport and SS card whilst still married. No questions were ever asked at embassy and not sure they would have anyway. The child was mine and as such entitled to US citizenship.

Not sure the above post is correct. I also had a child (6 years ago) here with my Thai GF whilst still in the midst of divorce to my wife in the US. Had no problem getting her a US passport and SS card whilst still married. No questions were ever asked at embassy and not sure they would have anyway. The child was mine and as such entitled to US citizenship.

That is why it says "do not quote me".

The part about not being the legal father in Thailand is correct if you are not married to the mother.

You are not the legal father, thus would first need to legalise the child under Thai law.

See: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter2.html#S-A

Being a government employee for 36 years I know that some regulations are followed all of the time and all regulations are followed some of the time. Therefore, either the Embassy does not care if the mother or father are single, do not ask the question (is that question asked on a form somewhere?), or accept not telling the truth by the applicant. It seems to me that a child is born to an American citizen and is entitled to citizenship, what does the marriage status of a parent have to do with it? Let's not go to America and see how many babies are citizens from outside a marriage.

In the US you become a citizen if you are simply born in the country.

Abroad, you only become a US ctizen if on of your parents is a US citizen and meets certain other requirements.