Having children with your partner before you get married is common. USCIS considers a child to be born out of wedlock if the child’s parents are not married to one another when the child was born. However, when it comes to applying for a marriage-based green card, it’s important to understand how this can impact your case. When applying for legal status through marriage, having children out of wedlock requires certain additional evidentiary and disclosure requirements.
Having children together is not automatically seen as proof that your marriage is genuine. In fact, the mere act of having children together does not count as proof of a legitimate marriage. USCIS will consider other evidence that shows whether the marriage itself is in good faith, like living together and sharing a life by presenting evidence of intermingling finances, trips together, etc. However, being parents together may still demonstrate an ongoing relationship, and it could be helpful to provide proof of parental involvement. Remember, all children must be listed in the green card application, regardless of whether or not they are a minor.
If you have a child born out of wedlock and want to bring the child to the U.S. where your partner is lawfully present, the process depends on your relationship to the child. If you are planning on applying for marriage based immigration benefits, consider booking a consultation.