_Tru

Hello and thanks for your help!

My husband and I married in 2007 and he transferred here (he is the UK citizen I am the USC) on an L1-B.

We are now in the process of AOS.

We have our interview soon and on the list of items to bring with us it asks for birth certificates of "any children."

Does that many ANY children of either one of us? I have grown adult children as well as a minor child. He has two minor children (who live in the UK with their mother who has full custody) who he is NOT including in this AOS request. We have no children together.

Which ones do we need? He will have to send quickly to the UK for their certificates and if immigration will need certified official copies, it will cost us a lot! If they do need them but don't need certified copies, he can get an email copy we can print out and the official ones later, without having to pay for the expedited service.

So do we need ALL our children's birth certs or just any that would be included on the petition? Or just minor children? Or just any that belong to the immigrant?

Thanks and I hope I posted this in the right place!

ian-mstm

Normally, I'd advise you to take each question/comment at face value and to add no interpretation of your own. So... "any children" would mean just that. In this case, however, I suggest that "any children" means children produced as a result of the marriage upon which the AOS is based. Since you have none, there's no B/Cs to bring.

That said, I suggest you get hold of copies (not certified) of B/Cs of all the children (both yours and his) whether or not they are part of the application. I see that as a CYA move just in case!

Edit to add: Regardless, you must list all the children on the I-485.

Ian

Rete

I would differ with Ian's interpretation. The reason for the dissention is that HIS children are minor and at some point in their lives they might well wish to immigrate to the US to be with their dad, go to school, whatever. Having their birth certificates on file would be a big plus.

Say you married your UK husband utilizing the US Fiancee Visa. He would have listed all his children on the bio sheet (G-325A) for the visa. The same if he married you and remained in the UK and you petitioned for him for an immediate relative visa. Again, all children are to be listed.

Do they require BC's? No, but on the off chance that one day it will be needed is reason enough to have them on hand.

Say his ex-wife dies and the children need to come and live with him. Or she decides to remarry someone who doesn't want children and she gives your husband full custody.

Do you see where I'm going with this?

_Tru

Thanks so much. I suppose after reading your replies, we should have opted for the aforementioned "CYA" move as that indeed is the safe bet. I do doubt they will need birth certificates of my adult children but we shall bring them all just in case! I just hope the non certified copies of his two children will suffice. It would cost, I think he said £100, to get them here in time!

The scenarios that Rete gave are all a possibility. We in fact, hope they would like to come live here at some point and think it would be great for them to have both passports so in their future they would always have that option to move here permanently.They are 12 so we have a few years.

Thank you for your help!

ian-mstm

Something to think about for the future...

In about 4-5 years, when they are 16-17... if you file an I-130 for each of them, then they will automatically become US citizens the day they enter the US *if*... 1) they hold an immigrant visa (result of the I-130); and 2) they are under age 18 when they enter the US; and 3) they are in the physical custody of a USC (step)parent.

Anyway... if it's doable, it's the easiest way for his children to become USCs.

Ian

_Tru

Wow. Thanks. That is great information.

One other quick question, would the "physical custody" mean one of us (assuming my husband is a citizen by then or I am the one with them) is accompanying them from the UK and is physically with them at POE or does that mean physical custody as in legal custody?

meauxna

I recommend that you search for posts on the topic by user Secret Garden; her UKC *was* required to furnish BCs for his children still living in the UK *and* child support payment evidence.

Her posts will be in the marriage-based forum. If that is the basis on which your spouse is adjusting status, you will find more specific posts in that forum.

_Tru

Thanks. After reading Secret Garden's posts regarding their process, we will definitely be bringing birth certificates for his children and we will go ahead and bring statements showing his monthly child support payments being made even though no mention has been made of needing this at this time.

I see the child support question came up during Mr.Secret Garden's naturalization process not the AOS but we will bring it all anyway! We do still plan to bring the non certified copies but along with a letter stating the certified ones are ordered and being sent by mail.

JCraigFong

I just had an interview last week at USCIS Los Angeles, and the officer asked for birth certificates of the children of both the Petitioner and the Beneficiary, whether or not the children were the product of the present marriage.

--J

_Tru

Ok! Thanks!

I wonder why they want to see the birth certificates of my children? Especially when they are 30,21 and 17. But I will be bringing them all!

I suppose, in hindsight of posting and in light of the replies, it was a bit of a silly question. Just bring it all and be prepared. Better safe than sorry! Thanks for all the helpful replies!

ian-mstm

My bad... I believe it means physical and legal custody. Mind you, legal custody isn't necessarily a "forever" thing - as long as the kids' mother goes along with the plan.

If that isn't possible prior to age 18, then you can still file I-130s and they'll become PRs when they enter the US and can apply for naturalization on their own 5 years afterwards.

Ian