Would appreciate clarification in this situation

[projectace7]

I am inquiring for a citizen of Germany named Jessica. She is the mother of a 10 year old daughter who was born in Germany as well. However, Jessica's daughter's father is an American (US born citizen). In that case I was told that her daughter would or could have dual citizenship of US and Germany. In that case, Jessica's daughter would be able to enter and stay in the US as a citizen, whether to live, study etc (I have been told by a legal agency, hopefully this is true). The main concern is that Jessica is married to a US born citizen in the US Army. After a few months, he felt no longer wanted to be in a relationship and took off to the US. Although now only just separated, because of his marriage status, he benefits from income bonuses from the military. By law he was required to share his earnings with me from the military but now he has disappeared into the US. It is hard for her to reach him as he sometimes does not answer any messages. All I know is he is benefiting because of his marriage status, since the military gives him additional income. She feels this is unethical and perhaps this is a fraud. However, Jessica is seeking divorce. Jessica's mother resides in the US as Permanent Resident. Jessica would like to bring her daughter to the US to study where her mother resides. Meanwhile, she seeks to Work in the US. However, the US Immigration webpage is confusing because it says she can instead request a B2 Tourist Visa and then later change it to any other visa she wants, in the meantime of her stay. So I would like to know what are her options with this whole situation in terms of coming to the US? Thanks so much for any advice!

[rayb]

Jessica,

1. Was the child's birth reported to the U.S. Embassy, as a derived U.S. citizen and her U.S. passport applied for? The Embassy will require a "Report of Birth," based on father being a U.S. citizen before it will consider giving the child a visa to the U.S. If the Report of Birth is accepted, then a U.S. visa will not be necessary. There is no "automatic" dual citizenship with Germany for U.S. citizens.

2. German-US. dual citizenship might not be automatic, and restoration of German citizenship requires significant documentation and fees. I have had a couple of other German citizen clients who reported this to me, this explaining their reluctant to obtain U.S. citizen I have not verified it, but it's something to check on.

3. If the father of the child is still Active Duty military, and the child's birth cert reflects his paternity, a claim for benefits should be made to U.S. military authorities in Germany, as they generally take such claims seriously.

--Ray B

I am inquiring for a citizen of Germany named Jessica. She is the mother of a 10 year old daughter who was born in Germany as well. However, Jessica's daughter's father is an American (US born citizen). In that case I was told that her daughter would or could have dual citizenship of US and Germany. In that case, Jessica's daughter would be able to enter and stay in the US as a citizen, whether to live, study etc (I have been told by a legal agency, hopefully this is true). The main concern is that Jessica is married to a US born citizen in the US Army. After a few months, he felt no longer wanted to be in a relationship and took off to the US. Although now only just separated, because of his marriage status, he benefits from income bonuses from the military. By law he was required to share his earnings with me from the military but now he has disappeared into the US. It is hard for her to reach him as he sometimes does not answer any messages. All I know is he is benefiting because of his marriage status, since the military gives him additional income. She feels this is unethical and perhaps this is a fraud. However, Jessica is seeking divorce. Jessica's mother resides in the US as Permanent Resident. Jessica would like to bring her daughter to the US to study where her mother resides. Meanwhile, she seeks to Work in the US. However, the US Immigration webpage is confusing because it says she can instead request a B2 Tourist Visa and then later change it to any other visa she wants, in the meantime of her stay. So I would like to know what are her options with this whole situation in terms of coming to the US? Thanks so much for any advice!

[projectace7]

Thank you so much for your reply!
1) The child does have records regarding parenthood of the biological father (US citizen) and related documents. What if I would want her to go to school in the US? She would not need a visa so just a passport? This is done with the father (if contactable) or embassy? I believe all the documents are on hand for proof/records just in case.
2) What does it mean when a B2 Tourist visa "can be exchanged for another visa" while in the US? Does this mean other visas can be applied for while having this visa [whether or not in the US visiting?]?
3) The daughter's father is not the one in the military. The one in the military is the one who decided to marry and then took off to the USA and is benefiting from the income bonuses from the military and is not sharing resources to me as by law. This might be a problem if I decide I want to stay in the US in some way? We are separated yet does not want to go through with the divorce, (or is making it difficult) so how could I inquire regarding citizenship/work/etc. in the USA with this marriage status?

Thank you so much again!!! It really helps!

[rayb]

The U.S. Embassy with jurisdiction over where the child is living will require that the child's birth is reported to claim U.S. citizenship before any consideration would be given for a U.S. visa.

Your issue with another U.S. citizen in the military is something you would need to take up with the military authorities if you care to pursue it.

Since you are married to a U.S. citizen, a visitor visa or visa waiver application might be problematic since your preexisting marriage to a U.S. citizen may be perceived as intent to immigrate or stay in the U.S. by using a visitor visa to cirucunent U.S. immigration requirements.

--Ray B

Thank you so much for your reply!
1) The child does have records regarding parenthood of the biological father (US citizen) and related documents. What if I would want her to go to school in the US? She would not need a visa so just a passport? This is done with the father (if contactable) or embassy? I believe all the documents are on hand for proof/records just in case.
2) What does it mean when a B2 Tourist visa "can be exchanged for another visa" while in the US? Does this mean other visas can be applied for while having this visa [whether or not in the US visiting?]?
3) The daughter's father is not the one in the military. The one in the military is the one who decided to marry and then took off to the USA and is benefiting from the income bonuses from the military and is not sharing resources to me as by law. This might be a problem if I decide I want to stay in the US in some way? We are separated yet does not want to go through with the divorce, (or is making it difficult) so how could I inquire regarding citizenship/work/etc. in the USA with this marriage status?

Thank you so much again!!! It really helps!

[Ideal sol]

Hi Projectace,

A small suggestion to you, but not related to your question.

When you post lengthy question like this, it's better to split into small paragraphs. Then more people show interest to read and answer.

All the best!