Question: I am a U.S. citizen. My wife is a Chinese citizen. She has a 12-year-old son from a prior marriage. I am submitting an application so my wife and her son (my stepson) can obtain green cards. What documents do I need to apply for a green card for my stepchild?

Answer: A U.S. citizen or lawful permanent resident can apply for a green card for a stepchild if the following conditions are met: 

(1) The U.S. citizen or green card holder married the stepchild’s biological parent before the stepchild’s 18th birthday; and 

(2) The marriage was a legitimate marriage, not a sham marriage entered into to obtain an immigration benefit.

To prove that both of these conditions are met, the parties must submit the following documents:

The U.S. petitioner’s required documents

The U.S. petitioner (U.S. citizen or green card holder) must provide the following documents:

• Birth certificate (if the petitioner was born in the U.S.).
• Naturalization certificate (if the petitioner obtained citizenship through naturalization).
• Green card (if the petitioner is a permanent resident).
• Proof of income for the current year: for example pay stubs, paychecks, or a letter from the petitioner’s employer.
• Tax return transcript for the most recent tax year.

The foreign stepchild’s required documents

The foreign stepchild must provide the following documents:

• Birth certificate.
• Passport biographical page.
• Visa for the applicant’s most recent entry into the U.S. (if the beneficiary is in the U.S.). 
• Two passport-style photographs (2″ x 2″ with a white background).

Documents required to prove the validity of the petitioner’s marriage to the stepchild’s biological parent

The U.S. petitioner must prove that he or she has a legitimate marital relationship with the stepchild’s biological parent. To do this, the parties must provide the following documents: 

• A marriage certificate between the U.S. petitioner and the stepchild’s biological parent.
• If the U.S. petitioner filed an immigration application for the stepchild’s biological parent, the U.S. petitioner must provide the receipt for the application.
• If the U.S. petitioner has not filed an immigration application for the stepchild’s biological parent, the U.S. petitioner must provide an explanation for why he or she failed to do so.
• Any other documents sufficient to show the existence of a bona fide marriage between the U.S. petitioner and the stepchild’s parent, including:
  • Birth certificates for any children born to the marriage.
  • Proof of cohabitation, including:
    • A deed or lease containing both parties’ names.
    • Letters or bills showing both parties’ names and address, such as utility bills or government notices.
  • Proof of joint accounts and assets, including:
    • Jointly-filed tax returns.
    • Monthly statements for a joint bank account.
    • Monthly statements for a joint credit card.
    • Deeds to property in both parties’ names.
    • Life insurance policies that contain both parties’ names.
    • Health insurance policies that contain both parties’ names.
    • Titles to vehicles in both parties’ names.
    • Utility bills that contain both parties’ names.
  • Photos together, including marriage ceremony photos and everyday photos.
  • Letters from friends or family members explaining how they know the parties and providing observations that demonstrate the parties have a genuine marital relationship.
  • Letter from the parties explaining how they met and decided to marry.
  • Proof of travels to see each other, including passport pages with entry and exit stamps, hotel receipts, and boarding passes.
  • Government-issued documents that contain both parties’ names and address.
  • Evidence of correspondence with each other.