Asked in Immigration Law for Florida

Q: Why is the IO is requesting proof of child support when our son lives with his dad full time? no court ordered child spt

my boyfriend recently filed for his citizenship and did his interview. at the interview the IO had doubts about whether he is supporting his son even tho he is only out of the country for a few weeks on vacation which is perfectly legal. the interview ended with her staying a decision would be mailed, about three days later a letter came in saying they are requesting proof of child support for his son. when he lives with him all the time, filed him for him as a dependent on his tax return and submitted his birth certificate with his name on it. is this normal? could this be that the attorney on the case left out something important? also my boyfriend is not required by the courts to legally pay child support, no court at all involved with our son. very confused any feedback would be appreciated.

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1 Lawyer Answer

A: Supporting (or failing to support) one's minor dependent children speaks to "good moral character", which is a requirement for naturalization. This is why the officer is asking for such documentation. That being said, an affidavit explaining the circumstances (which you reference above) is likely in order. For your reference, here is a link to the section of the USCIS Policy Manual addressing failure to support one's dependents and the potential consequences in connection with a naturalization case: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html#S-K

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