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Claim to U.S. citizenship

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Filed: K-1 Visa Country: Philippines
Timeline

My fiance's mom is a US citizen (but I don't think she met the requirements so that her daughter (my fiance) could become one)

Her mom abandoned her when she was 7 and she doesn't know her whereabouts or even talk to her.

I am worried that her Visa could be denied because of the following.

"Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. U.S. immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship."

http://manila.usembassy.gov/wwwh3219.html

I am worried that her visa may be denied because of this. Her mom didn't live in the US long enough for my fiance to be a US citizen so she could be screwed over either way. We already filed for the K-1. Any advice?


K-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manilla, Philipines

I-129F Sent :

I-129F NOA1 : 2008-12-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 :

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Visa Received :

US Entry :

Marriage :

Comments :

Processing

Estimates/Stats :

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My fiance's mom is a US citizen (but I don't think she met the requirements so that her daughter (my fiance) could become one)

Her mom abandoned her when she was 7 and she doesn't know her whereabouts or even talk to her.

I am worried that her Visa could be denied because of the following.

"Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. U.S. immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship."

http://manila.usembassy.gov/wwwh3219.html

I am worried that her visa may be denied because of this. Her mom didn't live in the US long enough for my fiance to be a US citizen so she could be screwed over either way. We already filed for the K-1. Any advice?

Does she have a Philippine birth certificate or a CRBA (consular Report of Birth Abroad) from the Embassy in Manila?

Also what is her age?

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I think you are stressing too much.

Start to gather yours and hers documents needed for the interview

Go to the interview with her (you may or may not be able to go into the little room for the CO part), but it will probably make you feel better knowing you are by her side.

You should be getting your NOA2 soon.

Your gonna worry yourself to death. It's great to be prepared, but don't start doing a what if on every possible situation.

As I have told you in the past, deal with each issue as it comes up, always a way to get past it or around it.

Edited by tallcoolone

youregonnalovemynutsf.jpg

"He always start the fire here in VJ thread and I believe all people will agree with me about it"

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I don't think it's a problem my dad is an American Citizen it's never be an issue to me when I had my interviewed. Just relax don't stress yourself.

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Filed: K-1 Visa Country: Philippines
Timeline
I don't think it's a problem my dad is an American Citizen it's never be an issue to me when I had my interviewed. Just relax don't stress yourself.

Thanks a lot guys. I am just trying to prepare for everything and probably am looking into things too much.

My fiance's mom is a US citizen (but I don't think she met the requirements so that her daughter (my fiance) could become one)

Her mom abandoned her when she was 7 and she doesn't know her whereabouts or even talk to her.

I am worried that her Visa could be denied because of the following.

"Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. U.S. immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship."

http://manila.usembassy.gov/wwwh3219.html

I am worried that her visa may be denied because of this. Her mom didn't live in the US long enough for my fiance to be a US citizen so she could be screwed over either way. We already filed for the K-1. Any advice?

Does she have a Philippine birth certificate or a CRBA (consular Report of Birth Abroad) from the Embassy in Manila?

Also what is her age?

She has a Philippine birth certificate and is 19


K-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manilla, Philipines

I-129F Sent :

I-129F NOA1 : 2008-12-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 :

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Visa Received :

US Entry :

Marriage :

Comments :

Processing

Estimates/Stats :

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Filed: IR-5 Country: Philippines
Timeline

u better relax.

ask ur fiancee to visit this site so that she can gather some info for d interview.


Naturalization

01-04-2012 --- N400 sent

01-11-2012 --- Check Cashed

01-10-2012 --- NOA1

02-07-2012 --- Biometrics

02-14-2012 --- Yellow Letter (it says "bring any state issued ID" for interview)

02-24-2012 --- Placed in line for Interview Scheduling

02-27-2012 --- Interview Letter sent out

03-02-2012 --- Interview Letter received

04-02-2012 --- INTERVIEW- passed!

05-01-2012 --- Oath scheduled/ Oath Letter Sent

05-16-2012 --- Oath Taking! I am now a USC!!!

--------------------------------------------------------------------------------------------------------

IR-5

05-17-2012 --- I-130 Sent

05-29-2012 --- NOA1

09-24-2012 --- NOA2

10-11-2012 --- Received Case Number via email

10-12-2012 --- Mailed AOS

10-24-2012 --- Mailed DS-230

11-16-2012 --- Case Complete

11-27-2012 --- Received interview schedule via email

11-05-2012 --- Early Medical day 1

11-06-2012 --- Medical Day 2 -PASSED!

01-03-2013 --- Interview- APRROVED!

01-10-2013 --- VISA Received

01-14-2013 --- POE LAX

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She has a Philippine birth certificate and is 19

Was her mother a natural born US citizen or naturalized?

On the bitrh certificate is the mothers address located in the US or the Philippines?

Is there a father listed? If so what country is listed as his address?

Edited by geezer

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Filed: K-1 Visa Country: Philippines
Timeline

Her mother was born on a naval base in the Philippines. She was born a US citizen. Both of her mother's parents were American citizens. I don't think her mother meets the requirements of living in America after the age 14 though. My fiance doesn't know much about her mom.

The mother's and father's address is listed in the Philippines. The mother's nationality says American.

This is a very confusing situation.


K-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manilla, Philipines

I-129F Sent :

I-129F NOA1 : 2008-12-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 :

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Visa Received :

US Entry :

Marriage :

Comments :

Processing

Estimates/Stats :

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Filed: Country: Spain
Timeline

If both her parents are US Citizens....doesnt that make her a US Citizen???

Why are you only addressing the mother...how about her father??

\

If she was born on a US Military base, there is most likely a couselors report of a US Ciitizen born abroad. Or the father was serving in the military. Every kid I grew up with who were born in Germany for instance, were US Citizens because there parents were there...(father in the military). Johm McCain as an example.l

I would check it out...save yourself a bunch of money.


I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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Filed: Country: Spain
Timeline

from the dept of state site....

Citizenship in the United States of America can be achieved in two ways, through birth or naturalization. When you are born in the United States, you are automatically a US citizen. You are also a US citizen if both of your parents were born in the United States.


I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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My fiance's mom is a US citizen (but I don't think she met the requirements so that her daughter (my fiance) could become one)

Her mom abandoned her when she was 7 and she doesn't know her whereabouts or even talk to her.

I am worried that her Visa could be denied because of the following.

"Claim to U.S. citizenship: Under United States law, persons born outside the U.S. may have a claim to U.S. citizenship if either parent was born or naturalized in the United States, or either parent was a U.S. citizen at the time of the individual’s birth. U.S. immigration law prevents the issuance of visas to applicants who have a claim to U.S. citizenship. Beneficiaries of visa petitions who believe they may have a claim to U.S. citizenship should therefore check with the American Citizen Services (ACS) Branch of the Embassy before applying for a visa. The Child Citizenship Act of 2000 also provides guidance on claims to U.S. citizenship."

http://manila.usembassy.gov/wwwh3219.html

I am worried that her visa may be denied because of this. Her mom didn't live in the US long enough for my fiance to be a US citizen so she could be screwed over either way. We already filed for the K-1. Any advice?

My wife and I went threw a similar situation at our interview. They said her father was a US citizen and that she could apply for a US passport, but because he is deceased and the proof needed is quite high (and we though it was an error on the part of the USE) we decided to just go the K1 route. Although this error cause about a month delay, she did get her approval.

If you look at the proof needed by the USE and the fact her parents are not involved, it may be too difficult to prove her claim to derivative rights to citizenship, but in our case it did not cause denial.

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Filed: K-1 Visa Country: Philippines
Timeline
If both her parents are US Citizens....doesnt that make her a US Citizen???

Why are you only addressing the mother...how about her father??

\

If she was born on a US Military base, there is most likely a couselors report of a US Ciitizen born abroad. Or the father was serving in the military. Every kid I grew up with who were born in Germany for instance, were US Citizens because there parents were there...(father in the military). Johm McCain as an example.l

I would check it out...save yourself a bunch of money.

Only her mom was a US citizen. It was her mom that was born on the base. Her mom's parents were both US citizens. Her dad is from the Philippines.


K-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manilla, Philipines

I-129F Sent :

I-129F NOA1 : 2008-12-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 :

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Visa Received :

US Entry :

Marriage :

Comments :

Processing

Estimates/Stats :

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Did her parents filed for any papers for her. She would have acquired the US citizenship since her mom is a US citizen. She should have a dual citizenship until she reached 18 years old.

At her age, she should have chosen whether she would be a Filipino citizen or a US citizen. Have you talked to an immigration attorney?

If both her parents are US Citizens....doesnt that make her a US Citizen???

Why are you only addressing the mother...how about her father??

\

If she was born on a US Military base, there is most likely a couselors report of a US Ciitizen born abroad. Or the father was serving in the military. Every kid I grew up with who were born in Germany for instance, were US Citizens because there parents were there...(father in the military). Johm McCain as an example.l

I would check it out...save yourself a bunch of money.

Only her mom was a US citizen. It was her mom that was born on the base. Her mom's parents were both US citizens. Her dad is from the Philippines.


K1 Process:

May 1, 2008 Submitted I-129F to CSC

May 8, 2008 Received by CSC

May 9, 2008 NOA1

May 18, 2008 Touched

October 9, 2008 RFE

October 28, 2008 RFE Reply

October 29, 2008 Touched

October 30, 2008 Touched

November 1, 2008 NOA2 (HardCopy)

November 11, 2008 Letter from NVC (Hardcopy)

November 14 & 17, 2008 Medical (Passed)

November 26, 2008 Interview (Passed)

December 5, 2008 Visa Received

December 23, 2008 US Entry (POE: Hawaii)

February 7, 2009 Private Wedding

AOS Process:

March 9, 2009 Mailed AOS Application via Express Mail (I-485, I-765, I-131)

March 10, 2009 USPS confirmed that AOS application was delivered and received in Chicago

March 18, 2009 Received NOA for AOS, EAD and AP

April 8, 2009 Biometrics Done

April 27, 2009 AP Approved

May 1, 2009 AP received in the mail

May 2, 2009 EAD card received in the mail

May 29, 2009 AOS interview (Approved)

June 29, 2009 GC received

ROC Process

March 1, 2011 Mailed I-175 Application via Express Mail

March 4 ,2011 NOA for I-175

April 05,2011 Biometrics [Early Biometrics March 22, 2011]

April 21,2011 Approval

April 27,2011 10 Year Green Card Received

Naturalization Process

March 6, 2012 Mailed N-400 Application via Express Mail

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Filed: K-1 Visa Country: Philippines
Timeline
Did her parents filed for any papers for her. She would have acquired the US citizenship since her mom is a US citizen. She should have a dual citizenship until she reached 18 years old.

At her age, she should have chosen whether she would be a Filipino citizen or a US citizen. Have you talked to an immigration attorney?

If both her parents are US Citizens....doesnt that make her a US Citizen???

Why are you only addressing the mother...how about her father??

\

If she was born on a US Military base, there is most likely a couselors report of a US Ciitizen born abroad. Or the father was serving in the military. Every kid I grew up with who were born in Germany for instance, were US Citizens because there parents were there...(father in the military). Johm McCain as an example.l

I would check it out...save yourself a bunch of money.

Only her mom was a US citizen. It was her mom that was born on the base. Her mom's parents were both US citizens. Her dad is from the Philippines.

Thank you for the advice. What if she never chose either Filipino or American citizenship? Is it too late for her to do it. I know that she was registered at the US embassy at birth.


K-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manilla, Philipines

I-129F Sent :

I-129F NOA1 : 2008-12-02

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 :

NVC Received :

NVC Left :

Consulate Received :

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Interview Date :

Visa Received :

US Entry :

Marriage :

Comments :

Processing

Estimates/Stats :

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