What documents are required to file I-130 for a child under 21?

[NikLR 13,227]

Once the daughter arrives and becomes an LPR she should immediately derive citizenship. So don't pay the new immigrant fee and apply for a passport instead.

Edited May 7, 2016 by NLR

[mspas 0]

[aaron2020 11,651]

He will need the daughter's birth certificate, his marriage certificate to her mother, and his divorce certificate with her mother to prove the relationship for I-130.

Later on in the process they will ask for an Affidavit of Support from him. He (plus any household members, e.g. you, if necessary) needs to have a current income that exceeds 125% of poverty level of the size of his household plus the daughter. You can see the level on I-864P.

Why would he need a marriage certificate and divorce certificate to petition for his daughter? As long as he is listed as the father on the child's birth certificate, then that is enough to prove a father/child relationship. The marriage certificate and divorce certificate does not prove a father/child relationship.

Once the daughter arrives and becomes an LPR she should immediately derive citizenship. So don't pay the new immigrant fee and apply for a passport instead.

The child is 18. She would not immediately derive citizenship because she would not meet the "must be under 18 years of age" requirement of the Child Citizenship Act. The child will have to be an LPR for 5 years in order to be eligible for naturalization.

[NikLR 13,227]

Why would he need a marriage certificate and divorce certificate to petition for his daughter? As long as he is listed as the father on the child's birth certificate, then that is enough to prove a father/child relationship. The marriage certificate and divorce certificate does not prove a father/child relationship.

The child is 18. She would not immediately derive citizenship because she would not meet the "must be under 18 years of age" requirement of the Child Citizenship Act. The child will have to be an LPR for 5 years in order to be eligible for naturalization.

I figured it was 18 and under, not just under 18, but you're right, that wording sounds like up to age 18, but the 18th birthday and nope.

[newacct 688]

Why would he need a marriage certificate and divorce certificate to petition for his daughter? As long as he is listed as the father on the child's birth certificate, then that is enough to prove a father/child relationship. The marriage certificate and divorce certificate does not prove a father/child relationship.

The marriage certificate is necessary to prove a father-child relationship. See I-130 instructions (page 3 "A child and you are the father") as well as 8 CFR 204.2(d)(2)(i).

I was wrong about the divorce certificate of that marriage (proof of termination of marriages before that one is necessary if any).

[Vulture365 0]

It doesn't matter if they can get CRBA. Getting CRBA or not does not affect the person's citizenship. If the child is a US citizen, they can get a US passport at any time, at any age.

They asked for my school records in the Rfe though.

[newacct 688]

They asked for my school records in the Rfe though.

Yes, you need proof of your husband's being physically present in the US, any time before the child's birth, for a total of at least 5 years, including 2 years after he turned 14, in order to prove the child had US citizenship at birth.