Green Card: Is Marriage certificate required to file I-485 for my child?

[xnz 0]

Hello everyone,

I’m applying Green Card through Employment (Employment-Based Immigration: Second Preference EB-2). When my Priority Date is current, I will file adjustment of status application (Form I-485) for myself and also for my child (6 years old). At the time of filing I-485, my child and I will be both present in the U.S. My spouse is not a US citizen nor a Green Card holder, and lives in the origin country.

Question: 1. Is Marriage certificate required to file I-485 for my child (We have the child's birth certificate which shows that I'm the parent)? 2. Is my spouse’s signature required to file for my child?

Thanks!

[Chancy 6,243]

1 hour ago, xnz said:

At the time of filing I-485, my child and I will be both present in the U.S.

 

So are you currently outside the US?  What visa will your child use to enter the US?

 

[xnz 0]

21 minutes ago, Chancy said:

 

So are you currently outside the US?  What visa will your child use to enter the US?

 

My child and I are both present in the US now. I'm using H-1B and the child is using H4

[Chancy 6,243]

21 minutes ago, xnz said:

My child and I are both present in the US now. I'm using H-1B and the child is using H4

 

Thanks for the clarification.  Your marriage certificate is not required since you are listed as parent on your child's birth certificate.  Your spouse's signature is not required for your child's I-485.

 

[xnz 0]

On 1/21/2022 at 1:48 PM, Chancy said:

 

Thanks for the clarification.  Your marriage certificate is not required since you are listed as parent on your child's birth certificate.  Your spouse's signature is not required for your child's I-485.

 

Thank you Chancy. Is it possible USCIS would still request marriage certificate after they receive the child's birth certificate? (The marriage certificate is in my spouse's hand. My spouse and I are not getting along and I am afraid she would not give me the marriage certificate.) Why is a marriage certificate required (if required) in my case? Is there any alternative document? A DNA test?

Thanks a lot!

[xnz 0]

On 1/24/2022 at 2:46 PM, xnz said:

Thank you Chancy. Is it possible USCIS would still request marriage certificate after they receive the child's birth certificate? (The marriage certificate is in my spouse's hand. My spouse and I are not getting along and I am afraid she would not give me the marriage certificate.) Why is a marriage certificate required (if required) in my case? Is there any alternative document? A DNA test?

Thanks a lot!

Hi Chancy, do you have any thoughts regarding my question? Greatly appreciate your help. Thanks!

[Chancy 6,243]

On 1/24/2022 at 4:46 PM, xnz said:

Is it possible USCIS would still request marriage certificate after they receive the child's birth certificate?

 

You won't know for sure until the interview what exactly the immigration officer will ask for, but based on the I-485 instructions, it is not required in your child's case.  Check page 11 of https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf --

 

"If you are filing as the derivative applicant child of the principal applicant and your birth certificate does not show that the principal applicant is your parent, you must submit a photocopy of your parents’ marriage certificate, your adoption certificate, or other proof of your parent-child relationship with the principal applicant."

 

[xnz 0]

17 hours ago, Chancy said:

 

You won't know for sure until the interview what exactly the immigration officer will ask for, but based on the I-485 instructions, it is not required in your child's case.  Check page 11 of https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf --

 

"If you are filing as the derivative applicant child of the principal applicant and your birth certificate does not show that the principal applicant is your parent, you must submit a photocopy of your parents’ marriage certificate, your adoption certificate, or other proof of your parent-child relationship with the principal applicant."

 

Thanks, Chancy. 

 

Is there always an interview when file I-485 for the child and principal applicant together in the US? Or the interview might not be required depending on the officer?

[wagecuck3 31]

On 2/4/2022 at 3:05 PM, xnz said:

Thanks, Chancy. 

 

Is there always an interview when file I-485 for the child and principal applicant together in the US? Or the interview might not be required depending on the officer?

It's believed by some that having derivative applicants increases the odds that you will be interviewed. But there aren't any hard and fast rules as far as we (i.e., those of us outside USCIS) can tell.