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Usaph

I-130 evidence for child born out of wedlock

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Filed: K-1 Visa Country: Canada
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I'm e-filing I-130 and my wife's child was born out of wedlock. Birth father is not listed on the child's birth certificate.

 

On the I-130 instuctions, it says:

Quote

A child born out of wedlock and you are the father: Submit evidence that you and the mother were married 
while the child was under 18 years of age
, or submit evidence that the child was legitimated under the law of the 
child’s residence or domicile, or under the law of your residence or domicile, before the child reached 18 years of 
age. If your child was not legitimated before reaching 18 years of age, you must file your petition with copies of 
evidence that a bona fide parent-child relationship existed between you and the child before the child reached 21 
years of age. This may include evidence that you lived with the child, supported him or her, or otherwise showed 
continuing parental interest in the child’s welfare
.

We can easily document the first part in bold (marriage certificate + child's birth certificate). The 2nd part of that sentence after the "or" doesn't apply. Then it goes into the underlined part - do we need to provide that evidence too? I'm not entirely sure what that means. Thanks in advance for any help.

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1 hour ago, Usaph said:

I'm e-filing I-130 and my wife's child was born out of wedlock.

 

Based on your other thread, you're referring to your stepchild, not your biological child, right?  If so, the I-130 requirement you quoted above is not the one that applies to you.  For a USC parent petitioning a stepchild, the family relationship evidence you must submit are: your marriage certificate with your wife (the child's biological mom), the child's birth certificate, and marriage termination documents of your prior marriages (if any).  That's all.  Refer to item H on page 8 of the I-130 instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

Edited by Chancy
clarification
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Filed: K-1 Visa Country: Canada
Timeline
24 minutes ago, Chancy said:

 

Based on your other thread, you're referring to your stepchild, not your biological child, right?  If so, the I-130 requirement you quoted above is not the one that applies to you.  For a USC parent petitioning a stepchild, the family relationship evidence you must submit are: your marriage certificate with your wife (the child's biological mom), the child's birth certificate, and marriage termination documents of your prior marriages (if any).  That's all.  Refer to item H on page 8 of the I-130 instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

 

Thank you for the clarification! This terminology confuses me sometimes but you really helped by pointing out the right category for our situation.

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