Judging from the lack of a response in this forum, perhaps these questions
are too difficult and need to be answered by experts in immigration law?
Am I correct in assuming that a child cannot gain citizenship upon entry if
the US citizen father is currently living in the US and the child is living
abroad with the alien mother waiting on the visa approval?
The father has filed I-130 petitions for both and the cases are at the
National Visa Center. Father isn't sure whether to file an I-864W (based on
Child Citizenship Act) or an I-864EZ for the child.
The US citizen is listed on the foreign birth certificate as the father,
even though he is not the biological father.
Should he be considered the legal father since he married the woman while
she was still pregnant? The biological father left her immediately upon
finding out she was pregnant and was never seen or heard from again.
Report of Birth Abroad cannot be filed because the US citizen would have to
file an affidavit detailing physical presence, etc.....might even be asked
to provide a DNA test.
|