Proof of relationship
(Last of Two Parts)
In petitions for a child, it depends whether the child is born in wedlock, out of wedlock, legitimated, stepchild, or adopted. For a child born in wedlock (this is previously termed as legitimate child) and you are the mother-petitioner, submit the child's birth certificate showing your name and the name of the child. If you are the father-petitioner, the child's birth certificate showing both your name and the mother's name together with the marriage certificate showing your marriage to the child's mother. For a child born out of wedlock (previously referred to as illegitimate child), and you are the mother-petitioner, submit the child's birth certificate indicating your name as the mother. If you are the father-petitioner, submit the child's birth certificate showing that you are the father. If you are not named as the father, you may submit secondary evidence such as an affidavit from the child's mother stating that you are indeed the father, DNA blood test establishing your paternity, and proof that you have a bona fide relationship with your child before he reached 21 such as financial support given to the child, joint residence and custody of the child, involvement in his care and other expression of parental interest.
In petitions for legitimated children, submit the child's birth certificate, marriage certificate of the parents, or other evidence of legitimation issued by the local civil registrar or the NSO. In petitions for stepchildren, submit the child's birth certificate showing the name of the parent who is married to the stepparent-petitioner and their marriage certificate showing the date of the marriage that it took place before the stepchild's 18th birthday as well as copies of documents showing that previous marriages by the stepparent petitioner and spouses were already terminated. In petitions for adopted children, submit a copy of the adoption decree showing proof that the adoption was completed before the child turned 16 years old. The adoptive parent-petitioner must also provide proof that he had legal custody over and joint residence with the adopted child for at least two years before or after adoption. Take note that there are separate rules on petitioning adopted children for cases under the Hague Convention on Inter-country Adoption.
In petitions for parents of US citizens, submit your birth certificate showing your parent's name, your parent's marriage certificate. As a petitioner you must provide proof that you have a parent-child relationship with your parent-beneficiary before you turned 18. In petitions for siblings (brother and sister), submit proof that you were children of a common parent. If you have the same mother but different fathers, submit both your birth certificates showing you have the same mother. If you have the same father but different mothers or you are related through a stepparent or adoptive parent, submit your birth certificates, marriage certificate of the father to each mother and any other document showing that any prior marriage of your father or mother was legally terminated and the same proof for stepchild and adopted child petitions.
Providing convincing and credible proof of the claimed relationship is a necessary first step for USCIS to approve your petition. Make sure you do this during your initial submission in order to avoid further delay or denial of your petition.
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