Citizenship for child

J

Jeremy020205

New Member
I apologize if this is an inappropriate place to post this question.

If a US citizen ( Father) has a child with a woman who is not a US citizen overseas while the mother is married to another non US citizen is the child entitled to citizenship if the father is willing to swear oath or do a blood test? Also are there repercussions aka adultery for either of the parents? Is the US embassy required to report to the host nation?I know this seems like a weird example however the mother and her husband had been apart for roughly 6 years they just never divorced and the father(US citizen) was unaware she was married.
 
If her husband is listed as the father on the birth certificate, you'll have to get it changed before proceeding with a claim of US citizenship for the child.

And you'll also have to check that the other requirements for acquiring US citizenship at birth have been met. Having a US citizen parent doesn't necessarily mean a baby born outside the US is a US citizen.
See http://travel.state.gov/content/tra...s-policies/citizenship-child-born-abroad.html
 
Usually, if you were a U.S. citizen when the child was born, and you had been physically present for 5 years in the U.S. (in any status) before the child's birth, including 2 years after turning 14, then the child is automatically a U.S. citizen at birth. However, since the child was born out of wedlock and the U.S. citizen parent is the father, a few more conditions need to be met. Jackolantern's link covers them, namely, before the child turns 18 the father needs to agree in writing to support the child until 18, and the child needs to be legitimated, paternity established by court, or the father acknowledges the child under oath. If these two conditions are met, then the child is a U.S. citizen from birth. Who is on the birth certificate, custody arrangements, and whether the mother was married to a third party, are not really relevant for citizenship purposes.

Basically, the father should apply for a Consular Report of Birth Abroad (CRBA) at the U.S. consulate in the country where the child was born (either parent can apply for it, but since in this case it depends on the father to do some things, it might as well be the father who does it). As part of the process, the father will be asked to provide the written agreement to support the child, and the acknowledgement of the child. Since the paternity of the child in this case is somewhat questionable, the consulate will likely ask for a DNA test as part of this also, since blood relationship is what matters for citizenship.
 
US Father listed on Birth certificate this clears up my questions. I had done a lot of research but I never saw anyone mention if the mother was married to someone else. Not common but it happens over seas where women will be sold to men to marry then run away or leave their husband but never file for divorce because they are in a foreign country and don't understand the legal system. That is basically what happened in this scenario.
 
Thanks for the replies everyone, got her to the embassy and most of the paperwork done today just waiting on the divorcee decree in the mail.
 
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