K Visa American citizenship or need K1 visa?

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rhowieson

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Hello all. I'm a confused Canadian in need of some advice. I hope this is the right part of the forum to post in, if not, please let me know.

I'll try to make this as uncomplicated as possible.

I want to know if I can lay claim to American citizenship through blood.

My grandmother was born and raised an American. I have read the retention laws regarding an American born abroad (that would be my mother) and my grandmother meets every requirement of physical residence. However, my grandmother was not aware she could have registered my mother as an American citizen born abroad, and so... she never registered her. (I have read online that this does not matter, my mother is / was an American through blood, whoever needs to know is just not aware of this fact since she was never registered).

Here comes the MIND NUMBING FACTOR : My mother passed away five years ago of cancer. I have spoken to a lawyer that has told me I can register her posthumously, but he did not tell me if I could apply for citizenship after she was registered (if the application even went through).

My grandmother is still alive. She has all the documentation needed to prove she was an American, and I have my mother's documentation as well as her death certificate. I cannot be registered through my grandmother because I am over the age of 18 (that's what I've read, anyway).

Can I still register my mother as an American born abroad, even though she passed away? Can I apply for citizenship through my mother? I don't think she met the physical presence requirements, although I have also read all she would have had to do to reclaim her citizenship would be to take the Oath of Allegiance.

I just want this to be over, I am going to be getting married to my boyfriend who is American, however, I would like to BE an American rather than have to get married 90 days after I receive my K1 visa.

Any advice would be appreciated!!! If you need more information, please let me know!

Thanks.
 
There is not much you can do in the absence of your late mum. She is the one who can legally file for you easily. In her absence and the situation you just described, your best bet is to become American after three years of marriage. For you to get citizenship via your late mum is complicated and needing waivers and almost impossible. It could take even ten years if you are lucky and if you can get certain waivers and exceptions which come from the top. The exceptional conditions you would have to meet to get citizenship here via your late mother require extraordinary circumstances. Just let it fly………You have a faster route. Some Africans from Liberia who returned to Africa after slavery………..their kids have had to work for 10years in some cases to get some legal status here. Some just give up.
 
Thank you, I am glad I finally got an answer. I had a lawyer tell me I could register her posthumously, like I mentioned, but he never told me "Yes, you can still claim citizenship through her". It would have cost like 2000 dollars to file everything, and to get married to my boyfriend will cost 1800. (My boyfriend has been skeptical and standoffish of this from the start).

Rachel
 
We are always ready to help...........Good luck!
 
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