Jose Passed away

[firecrew1 2]

My Dominican Republic citizen friend age 25 was the girlfriend of a 61-year-old US citizen from Houston. Her boyfriend was a naturalized US citizen originally from Mexico. Girl became pregnant. US citizen said he was going to Houston to get the naturalization papers. Girlfriend found out he was married. I think he received a divorce but I'm not certain. Citizen had a massive heart attack and died at 61 last October. Dominican girlfriend has a copy of his passport and driver's license. Deceased citizens name is on the 2-year-old's birth certificate and the 2-year-old has the last name of the deceased citizen. Deceased citizens family unreceptive in trying to help the 2-year-old. Question is how should the Dominican mother proceed with immigration and survivor benefits

[Mike E 11,741]

She needs to pursue a CRBA for her child. A CRBA is evidence of U.S. citizenship.  IME this is going to be hard. If he can afford a U.S. immigration attorney it will be easier 

[Chancy 6,242]

*** Moved from Bringing Family of USC forum to CRBA sub-forum ***

 

32 minutes ago, firecrew1 said:

Deceased citizens family unreceptive in trying to help the 2-year-old. Question is how should the Dominican mother proceed with immigration and survivor benefits

 

Girlfriend has no path to US immigration through the deceased bf.  She could attempt to pursue CRBA for her child, but it will be very tough without the cooperation of the bf's family.

 

[Boiler 45,715]

CRBA would be filed at the local Consulate not in Houston

[SteveInBostonI130 3,468]

The mother has no path to immigration and no access to survivor benefits, unless she is named on his will.

 

Child may have claims to the father's estate, if he did not have a spouse and no other strong claimers.

 

This is a civil issue and she would need to contact a lawyer.

[JeanneAdil 6,574]

with name of the man as father on the birth certificate,  she should pursue social security for the child 

and u will need the CBRA to apply

plus since not married she will need a lot of proof to prove the relationship to her as its normally for married but it concerns the child's welfare

 

 

https://www.ssa.gov/pubs/EN-05-10085.pdf

phone number outside the USA  410-965-0160

Can a child get survivor benefits if parents were never married?

 

Children may qualify for Social Security survivors benefits if they are unmarried and: under 18; 18, or in some cases 19, and still attending high school full time; or disabled, and the disability occurred before the child turned 22.

• The child's birth certificate or other proof of birth or adoption;
• Proof of the child’s U.S. citizenship or lawful alien status if the child was not born in the United States [More Info];
• W-2 form(s) and/or self-employment tax returns if the child had earnings last year; and
• If the worker is deceased, proof of the worker’s death and U.S. military discharge paper(s).