Had a child while in Canada to a Canadian. I brought the baby back to the U.S. with me as she is unable to care for her at this time. I entered the U.S. with the baby and her mother and she signed the necessary papers to get my daughter a passport as well as papers authorizing her to be in care. My common -law wife then returned to Canada. I do not have a record of a birth abroad. I submitted all notarized copies of what was required for the passport as well as her birth certificate that shows my name and signature on it as well as the fact that I was listed as the common law husband of the baby's mother. I also submitted my birth certificate showing I was born in the U.S. The passport was denied because I did not have a marriage certificate. I read that married parents can do it, people adopting children from abroad can do it, single mothers can do it but it would appear that a father cannot just do it. I would like to know what my next step is. I am trying to do the right thing by my child but I can sure see if I didn't want to I would be totally off the hook.
Naturalization, Citizenship baby born in Canada to a U.S. citizen
- Thread Starter debhart
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muggsyj
New Member
This is not legal Advice!
Hi debhart,
Your Quote: I do not have a record of a birth abroad.
This can be obtained by the records office from which town the baby was born. Ask the passport office what information they require for the solution?
Apart from a DNA report, there is not much else they can ask for, how old is the child, in question?
Don't give up this is only a stepping stone to the next stage. I am sure if you keep asking the right questions it will sort it's self out in time.
As for doing the right thing by your child, the answer is you are but know one said it would be easy.
Take Care
Mark.
Hi debhart,
Your Quote: I do not have a record of a birth abroad.
This can be obtained by the records office from which town the baby was born. Ask the passport office what information they require for the solution?
Apart from a DNA report, there is not much else they can ask for, how old is the child, in question?
Don't give up this is only a stepping stone to the next stage. I am sure if you keep asking the right questions it will sort it's self out in time.
As for doing the right thing by your child, the answer is you are but know one said it would be easy.
Take Care
Mark.
Response to question
My daughter is 4 months old today. I unfortunately took advice from an immigration consultant in Canada who was wrong. It is a rather hidden fact that an unwed father has a different set of rules than the other fathers.
My problem is that this record of birth abroad apparently can only be generated in Canada, in Toronto, which is about 3000 miles from where I live.
My confusion lies in the fact that the passport office says it has to be a legitimized birth. And that the U.S. respects the common-law laws of the country you are coming from. Maybe I don't know what legitimized means but I believe it is acknowledging that I am the father, signing the birth certificate, and financially supporting my girl. I am limited with working, going to school, raising an infant plus being able to travel to the American Consulate in Toronto. What the passport office wants from me is a marriage certificate
and I do not have one.
Anyway thanks for the nice comment about fatherhood. I am sure this is not as bleak as it looks but I haven't had a full nights sleep for 4 months.
______________________________________________________________
I was first given this advice which I paid for.
1. Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
* At least one parent is a U.S. citizen,
* The child is under 18 years of age, and
* The child is admitted to the United States as an immigrant.
2. Do I have to apply to USCIS for my child's citizenship?
No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child's citizenship status is no longer dependent on USCIS approving a naturalization application.
3. What documentation can I get of my child's citizenship?
If your child permanently resides in the U.S, you can obtain evidence of your child's citizenship by applying for a Certificate of Citizenship. You will need to file Form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. Passport from the Department of State.
This is what I found out when I attempted the above.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:
1) a blood relationship between the applicant and the father is established by clear and convincing evidence;
2) the father had the nationality of the United States at the time of the applicant's birth;
3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
4) while the person is under the age of 18 years --
A) applicant is legitimated under the law of their residence or domicile,
B) father acknowledges paternity of the person in writing under oath, or
C) the paternity of the applicant is established by adjudication court
My daughter is 4 months old today. I unfortunately took advice from an immigration consultant in Canada who was wrong. It is a rather hidden fact that an unwed father has a different set of rules than the other fathers.
My problem is that this record of birth abroad apparently can only be generated in Canada, in Toronto, which is about 3000 miles from where I live.
My confusion lies in the fact that the passport office says it has to be a legitimized birth. And that the U.S. respects the common-law laws of the country you are coming from. Maybe I don't know what legitimized means but I believe it is acknowledging that I am the father, signing the birth certificate, and financially supporting my girl. I am limited with working, going to school, raising an infant plus being able to travel to the American Consulate in Toronto. What the passport office wants from me is a marriage certificate
and I do not have one.
Anyway thanks for the nice comment about fatherhood. I am sure this is not as bleak as it looks but I haven't had a full nights sleep for 4 months.
______________________________________________________________
I was first given this advice which I paid for.
1. Does my child qualify for automatic citizenship under the CCA?
Under the CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:
* At least one parent is a U.S. citizen,
* The child is under 18 years of age, and
* The child is admitted to the United States as an immigrant.
2. Do I have to apply to USCIS for my child's citizenship?
No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child's citizenship status is no longer dependent on USCIS approving a naturalization application.
3. What documentation can I get of my child's citizenship?
If your child permanently resides in the U.S, you can obtain evidence of your child's citizenship by applying for a Certificate of Citizenship. You will need to file Form N-600 (Application for Certificate of Citizenship) and submit it to the local USCIS District Office or Sub-Office that holds jurisdiction over your permanent residence. You can also apply for a U.S. Passport from the Department of State.
This is what I found out when I attempted the above.
Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:
1) a blood relationship between the applicant and the father is established by clear and convincing evidence;
2) the father had the nationality of the United States at the time of the applicant's birth;
3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
4) while the person is under the age of 18 years --
A) applicant is legitimated under the law of their residence or domicile,
B) father acknowledges paternity of the person in writing under oath, or
C) the paternity of the applicant is established by adjudication court
Last edited:
muggsyj
New Member
This is not legal Advice!
Hi Debhart,
Your Quote: My problem is that this record of birth abroad apparently can only be generated in Canada
This is not correct because i know someone who done this by post, you should try to explain that you are 3000 miles away and that posting this information would be better as you have a four month old baby with no passport that you are trying to make a dual national.
Take care
Mark.
Hi Debhart,
Your Quote: My problem is that this record of birth abroad apparently can only be generated in Canada
This is not correct because i know someone who done this by post, you should try to explain that you are 3000 miles away and that posting this information would be better as you have a four month old baby with no passport that you are trying to make a dual national.
Take care
Mark.
muggsyj
New Member
This is not legal Advice!
You Welcome again debhart,
Good luck and everyone will be pleased if you get the result you are looking for.
Take care
Mark.
You Welcome again debhart,
Good luck and everyone will be pleased if you get the result you are looking for.
Take care
Mark.
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