Marriage produced child

[Germanimmigrant 12]

I just filed my I-751. Of course, a child is no proof of a legitimate marriage per se but let's assume one documents not only the birth of a child that has been "produced" by the marriage (I hate that term) but also the financial burden ensuing from "it". Has anyone of you who had a child that was "produced" during your conditional perm. residency ever received a RFE or did USCIS always look favorably on this and approved your green card without a hitch? Just curious...

[Helen Louise Pile 80]

I just filed my I-751. Of course, a child is no proof of a legitimate marriage per se but let's assume one documents not only the birth of a child that has been "produced" by the marriage (I hate that term) but also the financial burden ensuing from "it". Has anyone of you who had a child that was "produced" during your conditional perm. residency ever received a RFE or did USCIS always look favorably on this and approved your green card without a hitch? Just curious...

The USCIS outlines the proof they require here: http://www.uscis.gov/files/form/i-751instr.pdf

The child's birth certificate and evidence of financial 'burden' would cover 2 of the 5 pieces of evidence they require but they do specify that this list is not extensive. Include as much as you can.

Good luck with everything.

Edited November 13, 2011 by Helen Louise Pile

[Germanimmigrant 12]

Yeah, I know the drill. I included whatever we had. My question was more about whether people with kids from their marriage were given RFEs when they had submitted proof of the child's birth etc. or whether that presence of a child made for an easy case?

[Drogs 24]

As you stated having a child is no proof of a legitimate marriage, Everyone is fair game for RFE/Interview if evidence is lacking in details, Having children or taking on children from Husband/Wifes previous marriage ect still needs to be well backed up with appropriate evidence of Cohabitation/Co mingling of finances ect.

Edited November 13, 2011 by Drogs

[Germanimmigrant 12]

As you stated having a child is no proof of a legitimate marriage, Everyone is fair game for RFE/Interview if evidence is lacking in details, Having children or taking on children from Husband/Wifes previous marriage ect still needs to be well backed up with appropriate evidence of Cohabitation/Co mingling of finances ect.

So, do you have a child? And did you file supporting evidence? Or are you just reiterating general information (nothing wrong with that but as I said: I know the drill)?

I am really more interested in hearing about concrete experience of couples filing with kids "produced" during the conditional phase.

[Drogs 24]

I have two children from my wifes previous marriage, yes we sent in additional documentation, school meetings, Doctors visits, pics of family outings ect.

[himher 634]

Good grief.

The child is a USC yes? We "produced" a child and everything we filed after included a copy of her US passport and birth certificate. I guess in addition her SS number is on our tax copies...

USCIS and the state department have never shown any interest in our daughter. After leaving the US, surrendering GC, and subsequently filing DCF we can state that we received no RFE's during ROC or during DCF and submitted nothing other than her birth cert / passport cover page with the rest of our family info.

It is (my view only) that the cost of raising a child or any additional business related to our daughter (other than her birthday, parents names, and the fact that she has a passport) is not the business or concern of DOS or USCIS.

I would think that evidence of marriage stands or falls on merits and having children together would constitute just one piece of evidence to support a claim of marital legitimacy.

[aravis227 1]

We had a baby during my husband's conditional permanent residency and we did not receive any RFEs during filing. We did however provide a large amount of additional financial evidence including receipts of several vacations together, two mortgages with both of our names (house and time share), joint credit cards, joint bank accounts, and a joint car loan. For our baby we sent in his birth certificate, pictures of us together in the hospital while I was in labor, and pictures of us all together when he was a couple of months old. Our son was only born a few months before we filed, so we didn't have any financial evidence relating to him. So, no RFEs, but our non-baby related evidence was extremely solid, so I doubt we would have had an RFE either way. I don't think our son's existence tipped the balance at all.

[VanessaTony 3,567]

I just filed my I-751. Of course, a child is no proof of a legitimate marriage per se but let's assume one documents not only the birth of a child that has been "produced" by the marriage (I hate that term) but also the financial burden ensuing from "it". Has anyone of you who had a child that was "produced" during your conditional perm. residency ever received a RFE or did USCIS always look favorably on this and approved your green card without a hitch? Just curious...

This is a tough question because not many people would ONLY submit the child's birth cert. If you're really curious you could send only that and see what happens, then you'll know for sure but my opinion is that you could still get RFE's. As you said a child proves your wife had sex, the birth cert proves you're accepting it as your child. It doesn't really prove anything except that.

[Germanimmigrant 12]

Thanks for the answers. Of course, I submitted proof of financial commingling, also with respect to our daughter. Those daycare bills surely are impressive. If that doesn't show financial commingling/joint responsibility, then I don't know what would.

[himher 634]

Depends.

If one of you does not work, then daycare receipts would show evidence that implies that you are separated.

They are more interested in whether the income is deposited into a co-mingled account than if it spent on something that it took co-mingling to "produce" LOL

Thanks for the answers. Of course, I submitted proof of financial commingling, also with respect to our daughter. Those daycare bills surely are impressive. If that doesn't show financial commingling/joint responsibility, then I don't know what would.

[Germanimmigrant 12]

Depends.

If one of you does not work, then daycare receipts would show evidence that implies that you are separated.

They are more interested in whether the income is deposited into a co-mingled account than if it spent on something that it took co-mingling to "produce" LOL

Yes, of course we both work. Otherwise, we wouldn't need daycare for our little one.

So, you claim that they are more interested in money accrued than in money spent (financial responsibilities such as hospital/daycare bills, mortgage etc.). Unless you show me your reliable SOURCE for that, it's just an opinion. Did USCIS tell you that?

Lots of young families, especially with kids, have quite a few financial responsibilities to share. Not so many young families have fat savings accounts to show. Joint financial responsibilities still show financial commingling, I think. But that is just my guess.

[sasaqlain 24]

I had the toughest AOS case one could think of, and everybody was waving a red flag at me even on visajourney. From the moment the AOS interviewing officer saw my wife was 8 month pregnant, I knew from his attitude he had made up his mind. The interview went more like a job interview that has already been awarded to me. Regardless of what members say here(Most don't have the pride of being parents) I know that a Birth certificate of your child from the marriage is the MOST heavily weighted document in your application. Stick around and my case decision will prove that fact.

PS: please don't start an argument with me over this. I am just sharing my own view with the OP

[himher 634]

Since we filed I130, I129F, I485, left the country for 3 years, then filed I130 again and are holding an IR1 (and) it all went smoothly with no hiccup (and) we only filed evidence of co-mingled assets, co-insurance, co-habitation (joint lease, etc), and co-beneficiary and the only thing we ever filed for our daughter is her passport/birth certificate info I guess I do know what I'm fuggin talkiing about.

After you have done and done it (a couple of times even as we have) sport then you will also be able to log right in and demonstrate that you know for sure 100% what you are talking about.

USCIS didnt tell me chit. I just went and successfully did it (twice). I have never filed one single document about where our money is spent. Just that it is managed jointly.

Good enough for you sport?

Yes, of course we both work. Otherwise, we wouldn't need daycare for our little one.

So, you claim that they are more interested in money accrued than in money spent (financial responsibilities such as hospital/daycare bills, mortgage etc.). Unless you show me your reliable SOURCE for that, it's just an opinion. Did USCIS tell you that?

Lots of young families, especially with kids, have quite a few financial responsibilities to share. Not so many young families have fat savings accounts to show. Joint financial responsibilities still show financial commingling, I think. But that is just my guess.

Edited November 16, 2011 by himher

[himher 634]

Additional free advice: If the enrollment form for school/daycare lists both parents as contacts then THAT document is a good one to file as it demonstrates current, ongoing co-parenting.

Since we filed I130, I129F, I485, left the country for 3 years, then filed I130 again and are holding an IR1 (and) it all went smoothly with no hiccup (and) we only filed evidence of co-mingled assets, co-insurance, co-habitation (joint lease, etc), and co-beneficiary and the only thing we ever filed for our daughter is her passport/birth certificate info I guess I do know what I'm fuggin talkiing about.

After you have done and done it (a couple of times even as we have) sport then you will also be able to log right in and demonstrate that you know for sure 100% what you are talking about.

USCIS didnt tell me chit. I just went and successfully did it (twice). I have never filed one single document about where our money is spent. Just that it is managed jointly.

Good enough for you sport?