Child born of US citizen.

[Jelz]

What can a Filipino mother who had a child by an American man do to get her 7-year-old daughter a USA Passport. The man signed the birth certificate thus acknowledging he is the father and continues to provide financial support. He will not cooperate in signing the DS-2029 or the N600K. What other options does the mother have to get her daughter a USA passport. Other and daughter as well as the father live in the Philippines and the mom is considering hiring a lawyer there from the Manila area. Please recommend a Philippine lawyer if you know a reliable attorney. Thank you.

[newacct]

Was the child born in wedlock or out of wedlock? Did the father agree in writing to support the child until age 18?

[Jelz]

The child was born out of wedlock but legally shares the fathers last name on her Filipino birth Certificate signed by the father. I don't believe that the father has agreed in writing to support his daughter, but the mother has financial records showing that the father has supported the child to this day. There is also an Affidavit of Acknowledgment/Admission of Paternity document that the mother has in her possession.

[newacct]

For a child born out of wedlock to an American father to get US citizenship automatically, the father must have been physically present in the US before the child's birth for a cumulative total of 5 years, including 2 years after he turned 14, and, before the child turned 18, the following must have happened:
1) the child was legitimated, the father acknowledged the paternity, or the paternity was determined by a competent court, and
2) unless deceased, the father agreed in writing to support the child until they turn 18.

It seems that you have the father's acknowledgement of paternity. Do you have evidence of his 5+ years of physical presence in the US before child's birth? Assuming that you can get that, the sticking point is the agreement to support the child until they turn 18. If the father refuses to agree to support the child, the child does not get US citizenship. The question is whether what you have counts as his agreement to support or not. Simply making payments to support the child is not enough. 8 FAM 301.7-10(C).c(6 and 7) describes some alternative documentation that can be accepted:

(6) If the father failed to provide the signed statement, or signed the statement after the applicant turned age 18, you may accept alternative documentation if the document is:

(a) In writing;

(b) Signed by the father, unless an attorney or accountant made representations on behalf, and with the consent, of the father;

(c) Clearly shows that the father voluntarily agreed to provide ongoing financial support;

(d) Precedes the child’s 18th birthday; and

(e) Demonstrates coverage until at least the applicant’s 18th birthday.

(7) Examples of acceptable documentation include, but are not limited to:

(a) A certificate of marriage to the child’s mother or other legal parent subsequent to the child's birth;

(b) An order issued by a court or other government authority, reflecting the father’s voluntary participation in the proceedings, that requires the father to support the child until at least the child’s 18th birthday;

(i) Records of actual support payments, in the absence of such an order, are not acceptable; and

(ii) An order issued during proceeding in which the father did not appear or otherwise participate, either in person or through a legal representative is not acceptable (see paragraph (6)(b) above regarding legal representation).

(c) Signed federal or state tax returns, social security, Medicaid/Medicare, or other official government documentation in which the father claimed the child as a legally qualifying “dependent;”

(d) Signed health insurance forms on which the father claimed the child as a legally recognized “dependent” in connection with a financial outlay or obligation; and

(e) U.S. military or other U.S. government assignment or transfer forms listing the child as a legally qualifying “dependent.”

[Jelz]

That is the sticking point. He has not put it in writing that he will provide financial support for the daughter even as he continues to do so. We are aware of this requirement and are attempting to find another way to get her the passport. We are hoping to get suggestions on this.
We believe that the father is concerned if mother and daughter move to America, they will take him to court for more child support then he accustomed to paying at the moment in the Philippines.