Daughter rights

[@melodina 0]

Good morning everyone from Philippines to those who can read what I wrote here.. I am trying to ask here a question might some here can give advice. I had fiancee from USA and we have daughter and she's 5 years old now.. My fiancee sign her birth certificate claiming her daughter to me. We been long distance relationship for 7 years. And 2 months ago he passed away bcoz of liver cancer disease 💔😭😞. He's not ready to die but cancer killed him. My question is. Is my daughter can get her benefits even though I am not married to him?  How?  And where and in what way I could start to file paperwork and what's all that paper works it needs to provide?  Thank you and God bless you all, I am looking forward for kind answers to those people who can read this. 

[TM92 527]

1 hour ago, @melodina said:

I had fiancee from USA and we have daughter and she's 5 years old now.. My fiancee sign her birth certificate claiming her daughter to me.

Was a DS-2029, Application for Consular Report of Birth Abroad, submitted and approved? If not, do you know if your fiancee was eligible to pass down citizenship:

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Child born out of wedlock to a U.S. Citizen father

A child born outside of the United States and out of wedlock to a U.S. citizen father, may acquire U.S. citizenship if the father was a U.S. citizen at the time of the child’s birth and, if the father was physically present in the United States or one of its outlying possessions for five years, two of which were after the age of fourteen.

 

In addition, the U.S. citizen father must acknowledge paternity and agree in writing to provide financial support for the child until he/she reaches the age of 18 years old.

If he was eligible, then you need to get the following documents and information:

1. Fill out DS-2029, Application for Consular Report of Birth Abroad
2. Your daughter's birth certificate; your fiancee signed it, that is a plus
3. Evidence of your fiancee's U.S. citizenship and identity. This may consist of a U.S. passport, U.S. passport card, Consular Report of Birth Abroad, Naturalization Certificate, Certificate of Citizenship or timely filed U.S. birth certificate. For other forms of acceptable U.S. citizenship evidence, contact the U.S. consul. A passport or government issued Photo ID must be presented as proof of his identity.
4. Your passport or government issued Photo ID to prove your identity
5. His death certificate
6. Evidence of the termination of any previous marriages for him (divorce decree, annulment decree, or death certificate).
7. Evidence of the termination of any previous marriages for you (divorce decree, annulment decree, or death certificate).
8. To the best of your ability you need to find out how much time (and dates) your fiancee spent inside the United States; the DS-2029 asks for this
9. Documents that prove #8 above. Some examples of documents may include (but are not limited to):

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Academic transcripts:

Certified/official high school or university transcripts, military records and official vaccination records are often excellent documents to present. Other types of documents are also acceptable if they have the cumulative effect of showing presence over time. A diploma does not necessarily show presence over time.

 

Employment records & Social Security:

Employment and court records (including incarceration records) can also be used to prove physical presence. A Social Security statement can be helpful, but because income can be earned outside the U.S., it should be supported by other evidence.

 

Medical Records:

Medical records showing treatment or care over a period of time are often helpful. (Pre-natal records, early child immunization records, lengthy treatments, etc.)

 

Rental receipts:

Rent paid, rental contracts, etc…

 

Military / U.S. Government service:

Records of U.S. military service, employment with the U.S. government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service are helpful.

 

Travel records:

U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence. They only review these in the absence of any other evidence, as it is time consuming for their staff.

 

Note: Birth certificates or drivers’ licenses do not constitute evidence of physical presence.

Edited November 24, 2018 by TM92

[Boiler 45,568]

Inheritance?

[@melodina 0]

Thank you both for your time to give some information. I have all the documents medical, and his remittances that he sent us many years pass. The only thing I don't have for now is the death certificate due to my fiancee eldest daughter told me that it takes long to get the death certificate copy. And also I don't have yet a CRBA for my daughter, I don't get it yet due to her father really anxious to get back her in Philippines to live here for good  which is his death was unexpectedly happened. He was a military and he's not retired yet due to government said he need to wait at the age of 65 to get his full retirement,  what he had have to sent us before he died was his disability check. He devided it into two for him and for his daughter support each month. So I was obeyed him what his plan, that why I didn't try to get my daughter CRBA a record of live birth outside USA.. I never been in USA,  he came here every year before so all his documents is there in his country. His family doesn't talk to me what's the progress if I can get the death certificate or not. What else I can do?  I've been ask them to send me about my fiance's record so if ever I can file it here in Philippines if I am allowed to do it here while my daughter is living with me. Thank you all very much.. I was so depressed this time bcoz my daughter needs financial especially in her school. I can't do full time job due to my daughter needs my full time to watch her. Her father is black American. I appreciate all the advice. God bless you all. 

[TM92 527]

23 minutes ago, @melodina said:

my daughter needs financial especially in her school.

Do you know if your fiancee had a will, etc.? Laws vary depending on which State the probate proceedings take place: https://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter7-8.html

[NikLR 13,227]

~~moved to effects of major family changes from bringing family members of USC to USA.  This is more complicated than the normal forum question~~

[Pinkrlion 2,724]

Since you are not legally married, only his family can obtain his records.  There is nothing you can do.  If it was not determined that she is his daughter, she does not have any legal rights to his disability.  Hopefully, his oldest daughter will be nice and help you.

[TM92 527]

1 hour ago, Pinkrlion said:

If it was not determined that she is his daughter, she does not have any legal rights to his disability.

The corresponding paternity laws will depend on where the probate proceedings take place: https://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter7-8.html

[debbiedoo 2,339]

On 11/23/2018 at 11:34 PM, @melodina said:

Thank you both for your time to give some information. I have all the documents medical, and his remittances that he sent us many years pass. The only thing I don't have for now is the death certificate due to my fiancee eldest daughter told me that it takes long to get the death certificate copy.

No it doesn't. All she has to do is go to the records clerk of the county where he died. She should have gotten MULTIPLE copies when he passed anyways. When my ex passed, I ordered 10 certified copies. I still have several, and could easily obtain more if I needed them.

On 11/23/2018 at 11:34 PM, @melodina said:

And also I don't have yet a CRBA for my daughter, I don't get it yet due to her father really anxious to get back her in Philippines to live here for good  which is his death was unexpectedly happened. He was a military and he's not retired yet due to government said he need to wait at the age of 65 to get his full retirement,  what he had have to sent us before he died was his disability check. He devided it into two for him and for his daughter support each month. So I was obeyed him what his plan, that why I didn't try to get my daughter CRBA a record of live birth outside USA.. I never been in USA,  he came here every year before so all his documents is there in his country. His family doesn't talk to me what's the progress if I can get the death certificate or not. What else I can do? 

If your daughter is named in his will, and you have proof she is his daughter, hiring an attorney may be what you have to do. His American family has the upper hand if you do not. I don't think you need CRBA but you very well may need to fight for what is hers.

On 11/23/2018 at 11:34 PM, @melodina said:

 

I've been ask them to send me about my fiance's record so if ever I can file it here in Philippines if I am allowed to do it here while my daughter is living with me. Thank you all very much.. I was so depressed this time bcoz my daughter needs financial especially in her school. I can't do full time job due to my daughter needs my full time to watch her.

If she is in school, why cant you work?

 

On 11/23/2018 at 11:34 PM, @melodina said:

 

Her father is black American. I appreciate all the advice. God bless you all. 

That has no relevance on anything