AOS for minor child already living in the US

[Ontarkie 14,225]

~~Hijack posts and related replies removed. DO not post questions for your own case in other members threads. Also importing quotes from another thread is not allowed. PLease start your own thread for your own questions~~

Edited December 27, 2021 by Ontarkie

[Koubiak 0]

On 12/7/2021 at 9:34 AM, Mike E said:

Additional tips:

 

* You will need your marriage certificate to prove she is your child.  If you were not married it gets complicated

 

 

Marriage absolutely doesn't prove filiation.

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum ***

 

27 minutes ago, Koubiak said:

Marriage absolutely doesn't prove filiation.

 

The requirement for marriage certificate is listed in the official I-130 form instructions.  A father petitioning for his child must submit his marriage certificate to the child's mother, in addition to the child's birth certificate, as proof of family relationship.  If the father was not married to the mother, the requirements are more complicated, as already mentioned by @Mike E.

 

[Mike E 11,739]

39 minutes ago, Koubiak said:

Marriage absolutely doesn't prove filiation.

The context was a naturalized citizen filing to adjust status for a child.  
 

Generally when the adjustment of status is approved the, child becomes a U.S. citizen.  However there are several conditions. One of which is evidence of legal custody.  A marriage certificate between both parents of the child (as listed on the child’s birth certificate) is strong evidence of legal custody.  “Filiation” is not relevant to my point.   
 

When the child is born out of wedlock and parents remain unmarried,  legal custody is harder to prove.  When the parents remain unmarried and when the naturalized parent is the father, “filiation” evidence is more difficult as well. 
 

I would appreciate not being quoted on this thread as my opinions on the virtue of a timely filing of a N-600 were maligned and thus I made it clear I would no longer follow this thread. 
 

Edited January 21, 2022 by Mike E

[Koubiak 0]

Gotcha, my bad.

[Bree-momo 22]

25 minutes ago, Mike E said:

The context was a naturalized citizen filing to adjust status for a child.  
 

Generally when the adjustment of status is approved the, child becomes a U.S. citizen.  However there are several conditions. One of which is evidence of legal custody.  A marriage certificate between both parents of the child (as listed on the child’s birth certificate) is strong evidence of legal custody.  “Filiation” is not relevant to my point.   
 

When the child is born out of wedlock and parents remain unmarried,  legal custody is harder to prove.  When the parents remain unmarried and when the naturalized parent is the father, “filiation” evidence is more difficult as well. 
 

I would appreciate not being quoted on this thread as my opinions on the virtue of a timely filing of a N-600 were maligned and thus I made it clear I would no longer follow this thread. 
 

Thank you Mr Mike. I want to start by appreciating your contributions into this topic. You and many others have done a great help to me and my daughter with the knowledge you guys have on AOS. 

About the marriage certificate thing. I am divorced with my daughter's mom since 2016. So I think I only need to submit the divorced decree or please guys let me know if otherwise.

Thanks to y'all.

[Chancy 6,241]

41 minutes ago, Bree-momo said:

About the marriage certificate thing. I am divorced with my daughter's mom since 2016. So I think I only need to submit the divorced decree or please guys let me know if otherwise.

 

Even if you are already divorced, you still need to submit your marriage certificate to your child's mother.

 

Here's the actual I-130 form instructions -- "A child and you are the father:  Submit a copy of the child’s birth certificate showing both parents’ names, your marriage certificate to the child’s mother, and proof of legal termination of the parents’ prior marriages, if any, issued by civil authorities." https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf