N-400 Evidence of Dependent Child Support

[Mobius 0]

Regarding N-400. What kind, if any, evidence of child support can be strong enough to use in the case of child born out of wedlock?

My husband has a child from a previous relationship (no marriage) who lives in Mexico with child's mother who is Mexican. Child was legitimized at birth by both parents in Mexico. The mother has custody and there is an 6 year old "contract" or agreement of child support that they had drawn up themselves during their break-up. This was done without a lawyer and was composed and signed by both parents at the time. My husband has been paying support each month and visits his child 4 times a year.

Since there is no court or government order to provide financial support, would the other evidence (receipts, the "contract", current letter, etc) be enough to satisfy the requirments of the N-400? We don't want to compromise his ability to vouch for his child to become a USC in the future if the child chooses to live in the US.

Many thanks for your comments.

[ConcordUser 18]

Regarding N-400. What kind, if any, evidence of child support can be strong enough to use in the case of child born out of wedlock?

My husband has a child from a previous relationship (no marriage) who lives in Mexico with child's mother who is Mexican. Child was legitimized at birth by both parents in Mexico. The mother has custody and there is an 6 year old "contract" or agreement of child support that they had drawn up themselves during their break-up. This was done without a lawyer and was composed and signed by both parents at the time. My husband has been paying support each month and visits his child 4 times a year.

Since there is no court or government order to provide financial support, would the other evidence (receipts, the "contract", current letter, etc) be enough to satisfy the requirments of the N-400? We don't want to compromise his ability to vouch for his child to become a USC in the future if the child chooses to live in the US.

Many thanks for your comments.

I think he should be ok. When you say out of wedlock that is before you married you right? Or did had an affair while he is married to you. That can make difference. But if he had that child when he is not legally in another marraige it can be ok. We hear so many cases kids are born out of wedlock. In this case the child support agreement should be enough. However I am not sure about US child support laws, if he is required to provide support until the child reaches the age of 18 as required by US law. In general I think he is in a good shape.

[Mobius 0]

I think he should be ok. When you say out of wedlock that is before you married you right? Or did had an affair while he is married to you. That can make difference. But if he had that child when he is not legally in another marraige it can be ok. We hear so many cases kids are born out of wedlock. In this case the child support agreement should be enough. However I am not sure about US child support laws, if he is required to provide support until the child reaches the age of 18 as required by US law. In general I think he is in a good shape.

Yes, child was born 4 years before we met and he plans on supporting his child in the future. I guess it wouldn't hurt to include all receipts of payments for the last three years or do they require more than the three years (we did the K-1 visa)?

[ConcordUser 18]

Yes, child was born 4 years before we met and he plans on supporting his child in the future. I guess it wouldn't hurt to include all receipts of payments for the last three years or do they require more than the three years (we did the K-1 visa)?

I would say have them ready in case if they ask in the interview. He can also simply get an affidavit from mother stating he is supporting the child and paying child support. As long as the mother is willing to give the affadivit it will make it easier and nothing to worry. If you are still worried, you can consult an immg. atty. But I think he will be ok. Good Luck with the application and keep us posted with the outcome.