F1 Immigration category with kids

[MikiMo 3]

If a US citizen parent filed for a son/daughter over 21 under the F1 category and the beneficiary had children but never been officially married to the father of the kids. Does that change the category to married sons and daughters of US citizens over 21 (F3) even though never officially married?

[mbrtn04 6]

1 minute ago, MikiMo said:

If a US citizen parent filed for a son/daughter over 21 under the F1 category and the beneficiary had children but never been officially married to the father of the kids. Does that change the category to married sons and daughters of US citizens over 21 (F3) even though never officially married?

Hi! You mean by never been officially married, but living together? I think so. Your category remains as long as you can provide certificate of no marriage. It’s okay to have children and even add them as derivatives, as long as you are not married.

[MikiMo 3]

@maiabarton04

 

Thanks for such a quick response 😀 You beat me at even browsing away from the this page. Yes, living together but not/never officially married the parent of the children. 

 

Also, can the "certificate of no marriage" be an affidavit from the parent of the children or it has to be an official document from some institution?

Edited June 2, 2021 by MikiMo
add additional question

[SusieQQQ 11,586]

If there has been no marriage the son/daughter still qualifies as F1, and in fact can include the children as derivatives on the petition. The son/daughter will need to stay unmarried until he/she enters the US on their immigrant visa and becomes a LPR. 

[SusieQQQ 11,586]

20 minutes ago, maiabarton04 said:

Hi! You mean by never been officially married, but living together? I think so. Your category remains as long as you can provide certificate of no marriage. It’s okay to have children and even add them as derivatives, as long as you are not married.

Most countries do not have a “certificate of no marriage” FYI, so no it is not a requirement for remaining in this category. I know it’s a big thing in the Philippines but it’s not clear where OP is from. 

[MikiMo 3]

5 minutes ago, SusieQQQ said:

Most countries do not have a “certificate of no marriage” FYI, so no it is not a requirement for remaining in this category. I know it’s a big thing in the Philippines but it’s not clear where OP is from. 

Thanks for the response. The beneficiary is from Uganda

Edited June 2, 2021 by MikiMo
update text

[mbrtn04 6]

26 minutes ago, MikiMo said:

@maiabarton04

 

Thanks for such a quick response 😀 You beat me at even browsing away from the this page. Yes, living together but not/never officially married the parent of the children. 

 

Also, can the "certificate of no marriage" be an affidavit from the parent of the children or it has to be an official document from some institution?

That I am not sure though. You may want to check Your embassy to be sure. I apologize I generalized my statement. In the Philippines, we are required to present the certificate to prove that we were never married. You may want to check the travel.state.gov for country specific civil docs requirement. Please see attachment. 

[SusieQQQ 11,586]

Just now, MikiMo said:

Thanks for the response. The beneficiary if from one of the East African country

Not aware of any kind of certificates of no marriages being available anywhere in Africa. I am assuming though there has also been no traditional marriage? 

[MikiMo 3]

1 minute ago, SusieQQQ said:

Not aware of any kind of certificates of no marriages being available anywhere in Africa. I am assuming though there has also been no traditional marriage? 

Nope. There has never been a traditional marriage either

[SusieQQQ 11,586]

1 minute ago, MikiMo said:

Nope. There has never been a traditional marriage either

Then they should be ok. 

[MikiMo 3]

Thank you all for the responses. 

[SalishSea 17,530]

15 hours ago, maiabarton04 said:

Hi! You mean by never been officially married, but living together? I think so. Your category remains as long as you can provide certificate of no marriage. It’s okay to have children and even add them as derivatives, as long as you are not married.

This isn't a thing in any place but Philippines, to my knowledge.  It's pretty useless, because all it 'proves' is that a marriage did not occur in the Philippines.

[mbrtn04 6]

14 hours ago, maiabarton04 said:

That I am not sure though. You may want to check Your embassy to be sure. I apologize I generalized my statement. In the Philippines, we are required to present the certificate to prove that we were never married. You may want to check the travel.state.gov for country specific civil docs requirement. Please see attachment. 

 

6 minutes ago, Jorgedig said:

This isn't a thing in any place but Philippines, to my knowledge.  It's pretty useless, because all it 'proves' is that a marriage did not occur in the Philippines.

I have already replied to the question. 

[SalishSea 17,530]

1 minute ago, maiabarton04 said:

 

I have already replied to the question. 

Right.  And your reply would be useful only to people from Philippines.

[Demise 1,240]

19 hours ago, MikiMo said:

If a US citizen parent filed for a son/daughter over 21 under the F1 category and the beneficiary had children but never been officially married to the father of the kids. Does that change the category to married sons and daughters of US citizens over 21 (F3) even though never officially married?

Nope and the unmarried kids under 21 get to tag along on the F1.

Moreover: "Unmarried" for purposes of F1 means a few things:

• Single, never married
• Divorced
• Widowed
• Marriage annulled