My friend is the father of a USC child who just turned 21 years old. The father is not married to the child's mother though both the mother and father are living together. Thus, the USC child is an illegitimate child of the father. The question he asks is if he can be petitioned by his USC child as parent and be eligible to adjust status. The instructions for I-130 petition form requires that the birth certificate of the child and the marriage certificate of the father be included in the petition.
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Can 21-year old illegitimate USC child petition the father?
- Thread starter rubbles88
- Start date
Al Southner
Registered Users (C)
What you are saying is that both your mother and father have been together for over 21 years without getting married? As a result, you now want to sponsor your father for a green card, but because there's no marriage certificate, you need advise on how to go about it? Does their country of origin recognize common law marriage?
It was found out that the father is still married in his home country but has been living with the mother for 21 years. Can the illegitimate child petition his father even if he is still married to another though he doesn't live anymore with the legal spouse, not the child's mother?
Instead of using the word "illegitimate", try to use the word "biological".
Biological is not a replacement for the term "illegitimate" as it does not provide any information about the parents being ever married or not.
I think USCIS uses the term "child born out of wedlock" or a child "not legitimated".
My friend is the father of a USC child who just turned 21 years old. The father is not married to the child's mother though both the mother and father are living together. Thus, the USC child is an illegitimate child of the father. The question he asks is if he can be petitioned by his USC child as parent and be eligible to adjust status. The instructions for I-130 petition form requires that the birth certificate of the child and the marriage certificate of the father be included in the petition.
Yes, the instruction DOES require a marriage certificate to show that the father was married to the mother. However, you must not have read the entire paragraph. Here's what it says:
A father: Submit a copy of your birth certificate showing the names of both parents. Also give a copy of your parents' marriage certificate establishing that your father was married to your mother before you were born, and copies of documents showing that any prior marriages of either your father or mother were legally terminated. If you are filing for a stepparent or adoptive parent, or if you are filing for your father and were not legitimated before your 18th birthday, also see 4, 8, and 9.
4. A child born out of wedlock and you are the father: If the child was not legitimated before reaching 18 years old, you must file your petition with copies of evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years. This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child's welfare.
Concerned4us
Banned
School records are a good way to show parental interest.
Jackolantern
Registered Users (C)
School records are a good way to show parental interest.
That's if the child was living with the father at least part of the time.
But if the child didn't live with the father, other evidence such as support payments would be required.