Proof of parent-child relationship on I-130 form

[Anne2009 1]

Proof of parent-child relationship

Upload 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, upload evidence showing 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.

The description above is the question on I-130 for the petition for a child, my son, a twelve-year-old boy. He has lived with me and my husband in the U.S. for over 2 years. He did a great job in school, he is a honored student, outgoing, and always would like to help others . We have a loving family now. We believe he has happier life in the U.S. other than my hometown. Unfortunately, I did not get his custody at divorce because there is still Masculism in my hometown. I went back to the hometown in the summer 2019 after the divorce finalized. My son told me that he really missed me and wanted to live with me. His father already had his new life and did not want him. I brought him with me since then. The problem is I did not have my son's custody legitimately. the custody information is showing on the divorce decree that I need to upload to the I-130 application. I worry this would be a problem for us, thank you for all your suggestions and advice. 

[marriedtomrg 141]

4 hours ago, Anne2009 said:

Proof of parent-child relationship

Upload 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, upload evidence showing 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.

The description above is the question on I-130 for the petition for a child, my son, a twelve-year-old boy. He has lived with me and my husband in the U.S. for over 2 years. He did a great job in school, he is a honored student, outgoing, and always would like to help others . We have a loving family now. We believe he has happier life in the U.S. other than my hometown. Unfortunately, I did not get his custody at divorce because there is still Masculism in my hometown. I went back to the hometown in the summer 2019 after the divorce finalized. My son told me that he really missed me and wanted to live with me. His father already had his new life and did not want him. I brought him with me since then. The problem is I did not have my son's custody legitimately. the custody information is showing on the divorce decree that I need to upload to the I-130 application. I worry this would be a problem for us, thank you for all your suggestions and advice. 

Hi Anne. You may want to update your profile with your regional info. That will help folks who want to answer your questions.

 

Mainly it is asking for proof that your child is legitimate (meaning, he was conceived while you and his dad were married). So that means your marriage certificate (to his father) plus your son's birth certificate.

[Anne2009 1]

Thank you. I looked up this legal term, you are right! I attached the link I found to this post, hope it would also help other people have similar questions, thanks. 

https://www.nolo.com/legal-encyclopedia/how-prove-parent-child-relationship-citizenship-immigration-purposes.html 

[Pinkrlion 2,681]

You need to go back to court to change Custody.  

[marriedtomrg 141]

5 hours ago, Pinkrlion said:

You need to go back to court to change Custody.  

Have to agree with this. That is the best solution to your problem. In theory you could get his written consent (and maybe notarized) but the big downside is he can take that back any time.