about derivative of k1 beneficiary

[rocks 494]

I am assuming the father is the USC?

I am claiming U.S. citizenship through my father. My parents were not married at the time of my birth. Does this affect whether I automatically acquired citizenship?

It may. If you were born out of wedlock, are claiming that you acquired U.S. citizenship at the time of your birth, and you were born after November 14, 1986, you must demonstrate:

• That your father was physically present in the United States for 5 years, at least 2 of which were after 14 years of age;
  
• A blood relationship with your father by clear and convincing evidence;
  
• That your father was a U.S. citizen at the time of your birth;
  
• That your father (unless deceased) has agreed in writing to provide financial support for you until you reach 18 years of age; and
  
• While you are under 18 years of age
  
• You are legitimated under the law of your residence or domicile;
  
• Your father acknowledges paternity of you in writing under oath; or
  
• Your paternity is established by a court.
  

Has the father been physically present in the United States for 5 years, at least 2 of which were after 14 years of age?

[Ontarkie 14,221]

Merged this thread with your other thread on the same topic. There is no need to start more then one thread for the same topic. Having them together allows members to answer you properly since all the information stays together.

Edited June 21, 2012 by Ontarkie

[StraightShooter 62]

I am assuming the father is the USC?

Has the father been physically present in the United States for 5 years, at least 2 of which were after 14 years of age?

She has another thread about this. The father was not a USC at the time of the child's birth, but is now.

[rocks 494]

She has another thread about this. The father was not a USC at the time of the child's birth, but is now.

Ah ok. I guess that means she needs the K-2 then?

[lufthgiled 6]

Ah ok. I guess that means she needs the K-2 then?

my fiancee filed i-129f (fiancee) already and in 5mos now..

I just confused when other member said that OUR child NOT eligible for k2 because the petitioner is the biofather

I just want to get an answer.

I PM someone here and I was relieve with her answer..

but I still want to read more comments and advices about this case.

[lufthgiled 6]

She has another thread about this. The father was not a USC at the time of the child's birth, but is now.

yeah sorry about the other thread I made. I was just looking for answers I am so much exhausted with what you had reply and get more confused

and so worried.. I PM JimVaPhuong already and she said that our child is eligible for k2 regardless that the petitioner is the biofather.

[rocks 494]

my fiancee filed i-129f (fiancee) already and in 5mos now..

I just confused when other member said that OUR child NOT eligible for k2 because the petitioner is the biofather

I just want to get an answer.

I PM someone here and I was relieve with her answer..

but I still want to read more comments and advices about this case.

If your fiance became a citizen recently, then your child will not gain citizenship through him. He needs to have lived in the USA as a citizen for 5 years before the child was born.

I'm not sure why the other person told you that, perhaps they thought your child would gain citizenship and therefore didn't need the K-2?

[lufthgiled 6]

If your fiance became a citizen recently, then your child will not gain citizenship through him. He needs to have lived in the USA as a citizen for 5 years before the child was born.

I'm not sure why the other person told you that, perhaps they thought your child would gain citizenship and therefore didn't need the K-2?

they're saying is our child is not eligible for k2 and should be in IR2

because Cbra does not apply to our case (and now am aware of that)

but a vj member that I talked in PMs cleared my worries that our CHILD is ELIGIBLE for K2 regardless the petitioner is a USC by naturalization.

this is a big relief and a good news.

[StraightShooter 62]

yeah sorry about the other thread I made. I was just looking for answers I am so much exhausted with what you had reply and get more confused

and so worried.. I PM JimVaPhuong already and she said that our child is eligible for k2 regardless that the petitioner is the biofather.

I'm just glad that you got a solid answer from JimVaPhuong. He's very knowledgeable and I'd trust his information. Good to hear that it's sorted out now.

[lufthgiled 6]

I'm just glad that you got a solid answer from JimVaPhuong. He's very knowledgeable and I'd trust his information. Good to hear that it's sorted out now.

yeah am so thankful to Jim.. and to you also coz if you didn't reply with my thread I will not push myself to do some research.. glad this case add up to our knowledge