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.
A genuine relationship between the spouses and each other’s children can also be helpful evidence of a bona fide marriage. The way a stepparent interacts with the children may provide additional context showing that the marriage is a genuine family relationship. Depending on the circumstances and the child’s age, this evidence may include photographs of the spouse spending time with the children, letters or cards exchanged with the children, records showing attendance at school events, extracurricular activities, birthdays, holidays, or family gatherings, travel records, or other evidence demonstrating the stepparent’s involvement in the children’s lives. This type of evidence is not required in every case, and the appropriate evidence will depend on the family’s circumstances, but it can help provide a more complete picture of the family relationship.
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.
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.