In this case, if the petitioning parent is the natural father, the child must either be legitimized (placing the child in the same legal position as a child born in wedlock) or the father and child must prove a bona-fide relationship before the child reaches the age of 21 (or gets married). Once a relationship has been established, the petitioning father can then apply to bring the child (and the mother) lawfully into the U.S. through the I-130 Petition for Alien Relative form.
Unlike when the petitioner is the father, the mother-child relationship is automatically recognized. If the mother is the one petitioning, the I-130 form can be filed to apply to bring the child and the father lawfully into the U.S.
Evidence Requirements:
| Father as Petitioner | Mother as Petitioner |
| Child in Wedlock: Birth certificate showing father and child’s name | Birth certificate showing mother and child’s name |
| Child out of wedlock: 1. Evidence the child was legitimized under the laws of the petitioner or child’s residency 2. Evidence of bona fide father-child relationship (demonstrate emotional or financial ties to the child, and genuine interest in the child’s general welfare) 3. Money order receipts or cancelled checks showing financial support of the childIncome tax returns claiming the child as a dependant/member of the household 4. Medical or insurance records showing the child as a dependant 5. Child’s school records including petitioner’s name 6. Correspondence between the child and the petitioner 7. Notarized affidavits of reliable persons knowledgeable about the relationship 8. DNA testing |
Additional Citizenship and Petition Considerations
Before filing an I-130, it is also important to determine whether the child may already be a U.S. citizen through a U.S. citizen parent. Depending on the circumstances, including the parent’s citizenship, the child’s place of birth, the parents’ marital status, and the U.S. citizen parent’s prior physical presence in the United States, a child born abroad may acquire U.S. citizenship at birth and may not need an immigrant visa at all. If the child did not acquire citizenship at birth, the appropriate immigration process may depend on whether the petitioning parent is a U.S. citizen or lawful permanent resident, as different family-based categories and eligibility requirements apply. In some cases, a child of a lawful permanent resident may fall within a family-preference category and may be subject to visa availability, while a qualifying child of a U.S. citizen may fall into an immediate-relative or other family-based category. For these reasons, the child’s potential citizenship and the petitioner’s immigration status should be evaluated before filing an I-130 to determine which process is actually appropriate.
Giselle M. Rodriguez is a Boston immigration lawyer who helps clients with marriage visas, fiance(e) visas (K-1 visas), and other family-based immigration options. Giselle is bilingual, speaking English & Spanish. Contact Giselle today to discuss your case.
Note: the information on this page is for educational purposes only, and does not constitute legal advice or an attorney-client relationship.