Proof of LPR father/son relationship when USC petitioning stepchild

[afortunada 182]

Hi, friends! It's been a little while since I've been around. 

 

Background: I am a USC and petitioned my husband a few years ago; we currently live in Minnesota and he is a Permanent Resident. We would like to start the process of bringing his son (my stepson) over by filing the I-130 petition on the basis of a USC applying for a stepchild (we married before the child was 18 years old ). When looking at the I-130 instructions, it clearly states that the following evidence is all that is needed when a USC applies for a stepchild: 

 

Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child’s natural parent showing that the marriage occurred before the child turned 18 years of age, copies of documents showing that any prior marriages were legally terminated (if applicable), and a copy of the stepchild’s birth certificate.

 

That is all fine and good and totally easy to do. However, my husband was never previously married to this child's mother as they had him when they were both 15 years old. He is listed on the birth certificate, and we have tons of additional evidence ex. photos, receipts, baptism certificate, and child support payments once they separated (they were in a relationship for a very long time) etc. showing his presence and involvement in the child's life since his birth. The I-130 instructions clearly state that if a father is petitioning for a child that was born out of wedlock, that tons of additional information needs to be supplied to prove the bona fide father/son relationship. Again, that's easy enough for us to do, but technically that's not who is applying; it's me, the USC, applying for my stepchild.

 

So, it comes down to this: do I go ahead and send all the additional evidence proving the bona fides of the father/child relationship to state that the child in fact qualifies? Or does that not apply in this case? I'm leaning towards just sending it anyway, however I don't want to "rock the boat" if maybe it is unnecessary to provide so much additional information.

 

Thank you in advance for all your help! 

[Cloud-9 3]

On 7/19/2018 at 10:55 AM, afortunada said:

Hi, friends! It's been a little while since I've been around. 

 

Background: I am a USC and petitioned my husband a few years ago; we currently live in Minnesota and he is a Permanent Resident. We would like to start the process of bringing his son (my stepson) over by filing the I-130 petition on the basis of a USC applying for a stepchild (we married before the child was 18 years old ). When looking at the I-130 instructions, it clearly states that the following evidence is all that is needed when a USC applies for a stepchild: 

 

Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child’s natural parent showing that the marriage occurred before the child turned 18 years of age, copies of documents showing that any prior marriages were legally terminated (if applicable), and a copy of the stepchild’s birth certificate.

 

That is all fine and good and totally easy to do. However, my husband was never previously married to this child's mother as they had him when they were both 15 years old. He is listed on the birth certificate, and we have tons of additional evidence ex. photos, receipts, baptism certificate, and child support payments once they separated (they were in a relationship for a very long time) etc. showing his presence and involvement in the child's life since his birth. The I-130 instructions clearly state that if a father is petitioning for a child that was born out of wedlock, that tons of additional information needs to be supplied to prove the bona fide father/son relationship. Again, that's easy enough for us to do, but technically that's not who is applying; it's me, the USC, applying for my stepchild.

 

So, it comes down to this: do I go ahead and send all the additional evidence proving the bona fides of the father/child relationship to state that the child in fact qualifies? Or does that not apply in this case? I'm leaning towards just sending it anyway, however I don't want to "rock the boat" if maybe it is unnecessary to provide so much additional information.

 

Thank you in advance for all your help! 

Hello, I am a USC by birth and my Canadian husband has a 10-year green card. Last year I petitioned for my Canadian stepdaughter  (she is 14 years old) and I submitted an I-130 and everything was approved for us. 

 

This is what we sent:

1. Completed I-130 form + fee

2. Copy of my stepdaughter's Canadian passport and birth certificate (showing my husband's name as her father)

3. Copy of my US passport and birth certificate (proving I am a US citizen)

4. Copy of my husband's Canadian passport and US green card

5. Marriage certificate between my husband (my stepdaughter's dad) and myself

6. A notarized consent letter from my husband's ex-girlfriend (they were never married) giving permission to my stepdaughter to permanently move to the USA with us

How is your application going? I hope your application was approved best of luck!

Edited September 24, 2018 by StarRod

[afortunada 182]

On 9/23/2018 at 10:42 PM, StarRod said:

Hello, I am a USC by birth and my Canadian husband has a 10-year green card. Last year I petitioned for my Canadian stepdaughter  (she is 14 years old) and I submitted an I-130 and everything was approved for us. 

 

This is what we sent:

1. Completed I-130 form + fee

2. Copy of my stepdaughter's Canadian passport and birth certificate (showing my husband's name as her father)

3. Copy of my US passport and birth certificate (proving I am a US citizen)

4. Copy of my husband's Canadian passport and US green card

5. Marriage certificate between my husband (my stepdaughter's dad) and myself

6. A notarized consent letter from my husband's ex-girlfriend (they were never married) giving permission to my stepdaughter to permanently move to the USA with us

How is your application going? I hope your application was approved best of luck!

Thank you, that is so helpful! We will be submitting the application in the spring; for right now we have to focus on my husband's ROC. I appreciate this very helpful info!!