2 questions regarding birth of my daughter from u.s. citizen

[Meythai]

i can be more specific as the thread continues but basically i need to know if i am even posting this in the correct place. this site is so huge that i get overwhelmed. also, as we have just ended the semester and enter testing and grade preparation here at the university, i don't have a lot of free time. sorry for all lower-case; i'm a lazy typist.

basically, i have just become a father of a delightful daughter. she was planned and will be well-loved and nurtured. never one to do things the easy way, i created this bundle of joy with one woman, my mistress so to speak. eventually the plan is to have another woman, my wife (so to speak again; i am not legally married to either) adopt her. all three people involved - myself and the two women - are happy with this arrangement. my main goal is to attain u.s. citizenship for my daughter, and as such i may need to marry "my wife". that is not a problem. i have no legal entanglements elsewhere, and i speak read, & write Thai nearly fluently and understand Thai law on the subject.

question #1. what is involved in this statement i must get at the u.s. embassy attesting that i am single? will a copy of my divorce signed by a judge in the states work just as well?

question #2 once i am legally married and complete the adoption, what is then required for u.s. citizenship? can that be dual citizenship? i know i will need to translate the Thai birth certificate which legally shows me as the father. would i be better off getting citizenship for my daughter via the mistress or must i be legally married to someone in order to attain citizenship?

thank you for your time and expertise. surely i am not the first farang to encounter this situation.

[CharlieH]

Moved to Family & Children

[Meythai]

thank you CharlieH for your assistance.

[CMHomeboy78]

What you should do as soon as possible after your daughter's birth is to register her at the nearest US Consulate.

It is called the birth certificate of a US citizen born abroad. They will then be qualified to obtain a US passport.

You will be required to jump through some bureaucratic hoops to do this, but do it by all means - don't wait.

Sorry I can't help you with the details, I don't know the current requirements. I did it myself twice almost 30 years ago, but things change.

Good luck.

[86Tiger]

The erquirements are clear and can be found on US embassy website.

Basically, you must prove you are US citizen, your passport will suffice, and provide evidence of living in US minimum 5 years. Documents to prove this are school transcript, social security records, professional license, etc., anything to give the consular proof you were for sure in US the minimum amount of time. Look at US embassy web site to determine the documents required or that will be accepted. I used college transcripts. Then you and the baby mother (the 2 names on Thai birth certificate) must present the baby in person to the consular with proper documents (all Thai documents certified translation to English). She will interview and if satisfied the baby is yours and you are who you say you are the baby is elgible for certificate of birth and passport.

My son was born Christmas day in Udon. We made an appointment and on Jan 16 his mother and I drove to BKK to meet with consular. I was all nervous going over my documents several times to insure all in order. We waited about 20 minutes past appointment time for our interview. We were actually in the interview about 15 minutes. The very kind lady says first off when we entered the room "if you will sign these I'll go ahead and type you in, it all looks good." We just chatted while she typed and we were good to go. It was piece of cake.

I would never mention all the drama of mistress and soon to be wife and the three of us with an understnading. Far as govenment is concerned the child's father is US citizen so the child is US citizen.

On the certifying as eligible to marry, the embassy again has the document on the website. Fill it in and take to the embassy. The guy will say "do you declare all this information as true." You say "yes" and sign. He signs and stamps. Again 5 minutes once it is your turn. This document will have to be translated, which is explained on US embassy website, and certified by Thai Ministry of Foriegn Affairs.

It is all easy but takes time and planning to accomplish smoothly, as in one trip to the embassy.

Edit: The child can get a thai passport with his Thai birth certificate. Again, very simply process at local passport office. There was a crowd for our visit but we were moved to front of line with the baby. So with US passport he will have essentially "dual" citizenship. I understand Thai law states at age 19 he must decide which to maintain but I understand this is not often enforced.

Edited April 30, 2015 by 86Tiger

[AZBill]

Don't look for legal advise here. I'm a lawyer and can tell you what is said on legal subjects on this forum is 99.999% wrong. Actual lawyers will not give legal advice on a chat board. Go speak to someone who is qualified.

[Mario2008]

Your daughter is a US-citizen because of you.

You would do best to get proper legal advise on how to have the child adopted by your wife.