My Son has a Father who is a U.S.Citizen

Mfamily

Mfamily

New Member
Hello eveyone, thank you right away for any help ideas or info in advance !!

I am trying to make it short and detailed.
I am a German citizen living in Germany, i got married to an USCitizen in NYC in 2012 we lived in Germany till he had to move back to the U.S. several month later, i was already pregnant at this time not knowing. His father dissapeard and i gave birth to our Son 10Month later in Germany alone.He is a German citizen and i hold full custody as his father was not and still isnt present at the time of Birth.

Now i dont know where his father is till up to this day but our Son (almost 3Years old) is an USCitizen right?! Is there any way for me to get in contact with any legal department (consulat??)that can help me out getting/filing or what so ever, him the U.S.citizenship he is entitled to?!

He isnt paying any childsupport there is no contact although several attempt has been made through old phonenr.emailaddress and so on, the German Goverment cant do anything as he is not living within the EU.

Also we are still married according to the US NYC court, isnt there anything i can do?!

Thank you very much again for all your help
 
If your son was born in wedlock (which would be the case unless he divorced or annulled the marriage without you knowing before your son was born), then as long as the father has had a total of at least 5 years of physical presence in the US (any time in his life) before your son was born, including 2 years after he turned 14, then your son is automatically a US citizen at birth. If he is a US citizen, you can apply for a CRBA and a US passport for him.

Unfortunately, there are several parts of this that will be difficult if you cannot find him. First, you need to prove a blood relationship. Since the father was not on the birth certificate and there is basically nothing connecting him to your son, they may want a DNA test. This is going to be difficult to do without his cooperation. Also, proving the 5 years of physical presence will require lots of evidence that will be difficult to get without his cooperation.
 
Well he is a USCitizen born in the states and lived in the states till he came living with me in Germany for one year long...so i am not sure i understand the 5Years being physically in the stats rule you are talking about, as he has been living there his whole live...

I do believe he can not divorce me without knowing me unless we have been seperated for i believe 1-2 years of not living together without me knowing it or haveing my signature...and his son was definetly born within this time frame before that he would have needed my ok for the divorce defiently.... Now that we have been parted almost since 4years i could file for a divorce called "abandoned" and wouldnt need him to get the divorce final..and in order to annual this marriage i still would have to sign something or be informed as i believe as i read about this before because i tried to do it and it isnt that easy anymore as it used to be...

I do know the part with the DNA and that wouldnt be any issue on my end for sure, but as you said i probably wont be able to do anything without him cooperating and that is what he is doing, well he actually ignores us and pretends he never had this life :-( i will end up getting a lawyer in the states unfortunatly ..what a shame :-(...i do have the marriage certification his social and i believe to know where he is living right now (facebook finds everyone;-) )

But thank you so much for your help and time i thought maybe there is something i could do ...but other then getting a lawyer here isnt probably working..

But again Thank you very much
 
You must log in or register to reply here.
Top