I need help with filling out form called Affidavit of parentage and physical presence

[newdad]

Hi
I need help with filling out Affidavit of parentage and physical presence form which has been sent to me by US Embassy in Afghanistan. Its about my newly born son who is in there. Can you guys see this link and tell me what should I write in each box. http://www.state.gov/documents/organization/126018.pdf
Thanks

[BigJoe5]

look at the law

The document is used in conjunction with the claim that a child has been born abroad BUT that child is a US Citizen from birth because of the parent or parents.

Newdad,

I am guessing that you are an unwed father and the mother is an alien as that is the more difficult position and requires the most proof and explanation. Here goes.

The unwed USC father has to show a whole bunch of stuff. Presuming that the child is still a child right now.....The father had to have lived in the U.S. for five years AND two of those years had to be after he turned 14 years of age. His nonimmigrant, asylum/refugee, greencard, and post-naturalization time all count for that. BUT the minimum time stated all had to be before the kid was born abroad. That is INA 301(g).

The unwed USC father has to legitimate the kid, prove a blood relationship (they might ask for a DNA test), and he has to declare in writing that he will provide financially for the kid until the kid is 18. the affidavit they want you fill out takes care of the "in writing" part of the financial support. This is INA 301(a).

INA 301 [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years:

Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

INA 309 [8 U.S.C. 1409]

(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-

(1) a blood relationship between the person 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 person's birth,

(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

(4) while the person is under the age of 18 years-

(A) the person is legitimated under the law of the person's residence or domicile,

(B) the father acknowledges paternity of the person in writing under oath, or

(C) the paternity of the person is established by adjudication of a competent court.
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **
NOW, what don't you understand about the form they want you to fill out? Be specific. It is just about you and the kid's mother.

If they want evidence to support your reported residence and physical presence in the U.S.

Get a printout lof your social security contributions for when you were working in the U.S. Look to your school records, IRS transcripts, leases on apartments, property deeds or taxes. Medical records or even criminal records if you ever had that kind of problem.

[newdad]

The document is used in conjunction with the claim that a child has been born abroad BUT that child is a US Citizen from birth because of the parent or parents.

Newdad,

I am guessing that you are an unwed father and the mother is an alien as that is the more difficult position and requires the most proof and explanation. Here goes.

The unwed USC father has to show a whole bunch of stuff. Presuming that the child is still a child right now.....The father had to have lived in the U.S. for five years AND two of those years had to be after he turned 14 years of age. His nonimmigrant, asylum/refugee, greencard, and post-naturalization time all count for that. BUT the minimum time stated all had to be before the kid was born abroad. That is INA 301(g).

The unwed USC father has to legitimate the kid, prove a blood relationship (they might ask for a DNA test), and he has to declare in writing that he will provide financially for the kid until the kid is 18. the affidavit they want you fill out takes care of the "in writing" part of the financial support. This is INA 301(a).

INA 301 [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years:

Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

INA 309 [8 U.S.C. 1409]

(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-

(1) a blood relationship between the person 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 person's birth,

(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and

(4) while the person is under the age of 18 years-

(A) the person is legitimated under the law of the person's residence or domicile,

(B) the father acknowledges paternity of the person in writing under oath, or

(C) the paternity of the person is established by adjudication of a competent court.
**** **** **** **** **** **** **** **** **** **** **** **** **** **** **
NOW, what don't you understand about the form they want you to fill out? Be specific. It is just about you and the kid's mother.

If they want evidence to support your reported residence and physical presence in the U.S.

Get a printout lof your social security contributions for when you were working in the U.S. Look to your school records, IRS transcripts, leases on apartments, property deeds or taxes. Medical records or even criminal records if you ever had that kind of problem.

Joe, thanks for the respond. But I am not unwed father to the child. My wife and I are married in 2008 and applied for a visa for her. Her case was under process when I needed to visit her, this was the time we had our first son. I am really worried what if they ask me to provide financial support for our son until the person reaches the age of 18 years, which I am not able to do that.

[BigJoe5]

no problem

Since you are married to the mother, under INA 301(g) the financial support declaration is not required, rather it is presumed. They just need your physical presence info for the child's citizenship claim.

However, since you are married to the mother it is presumed that you will provide for your children. That issue will only become a matter in the U.S. if you ever have to deal with family court, like if you and your wife separate or divorce in the future.

For a married USC father, it is not an issue under immigration law.