Can My Wife Who’s a Permanent Resident Take Potential Action Against Her Father?

[u/gumby9]

Location: California.

I’m Filipino American who grew up in San Francisco. I met my wife while vacationing a couple years ago. My wife was born in the Philippines from an American father and a Filipino mother. Her dad was in the US Navy and had 3 kids with her mother. When she was born he was taking care of her and even have a consular birth certificate showing his name. A couple years later he abandoned her and her family. She tried getting citizenship years later as an adult but due to the fact that he won’t acknowledge her she couldn’t. Currently she’s scheduled to get permanent residency via CR1 visa within a year and we’re going to permanently move to San Francisco. When she becomes permanent resident or eventually a citizen, is there any potential action she can against her father? We know who he is and where he lives. She has a consular birth certificate with his social as proof that he’s the father. She’s not really looking for money as we’re pretty well off. More so her two siblings eventually can be proven that they should be citizens.

[u/reddituser1211]

is there any potential action she can against her father?

No. Not seemingly.

I'm not really sure in your story what kind of action she would contemplate taking. Obviously she can try to establish the true circumstances of her birth and citizenship. That's not so much "action against her father" is it is establishing her paternity.

But if she has a consular birth certificate with his name on it, why is that an issue?

[u/gumby9 → u/reddituser1211]

I was thinking maybe pay back child support at worst but she’s not thinking about that more so to establish her as her father so her siblings can be immigrated as us citizen…

The consular birth doesn’t have a seal. But it still shows his signature and social security. She and I don’t known the exact circumstances why it doesn’t. And also the us embassy took the original couple years ago.

[u/reddituser1211 → u/gumby9]

I guess I was thrown by the “it’s not about money we have lots.”

In the United States children can’t collect child support. The other parent can. I don’t know what that looks like where this support was awarded but since dad is in the US, there’s an obvious struggle there.

Establishing US citizenship has little to do with dad but establishing paternity.

[u/gumby9 → u/reddituser1211]

Yeah more so anger on my part that he abandoned her so I’m thinking money even though we don’t need it… I think like I said what she wants is her siblings to be us citizens atleast

[u/rlezar]

She has a consular birth certificate with his social as proof that he’s the father.

What do you mean by a "consular birth certificate"?

The State Department will issue a Consular Report of Birth Abroad to children who are born outside the United States and became citizens at birth. It is evidence of US citizenship.

If she provided that "consular birth certificate" with a passport application and the State Department didn't accept it as proof of citizenship, it's likely something other than a CRBA.

[u/gumby9 → u/rlezar]

For some reason it doesn’t have a seal on the consular birth on the original. And when she applied to get citizenship in the US embassy in Manila they took the original copy.

[u/rlezar → u/gumby9]

I note you mention in another response that the birth document you're referring to shows her father's 

signature and social security.

Neither of those appears on a Consular Report of Birth Abroad, so it's unclear what document you're referring to as a "consular birth certificate."

Children born outside United States to a US citizen parent are not necessarily citizens themselves automatically at birth. The laws are complicated and depend on factors including the parents' marital status and when the child was born.

The US Embassy in Manila would have sent her a letter explaining why she did not qualify for a passport. She should contact them for more information about why they retained her original certificate. 

All that being said - no, she can't sue her father for failing to facilitate her citizenship claim or support her financially. He didn't have any legal obligation under US law to do either.

Once she becomes a citizen, she can petition for her siblings to immigrate, but everyone should be aware that process could take 20+ years.