Should I put our daughter in section 5 on I-751?

[Europeanboy 0]

When I married my wife in 2007 she already had a daughter not product of our relationship. Now I am filing I-751 should I include the kid on the petition in section 5. She is not a conditional resident because she was born here. We claimed her as a dependent on our taxes but I don't now If I have to put her in. USCIS got her birth certificate on our first interview on file.

[Otto 83]

No - only conditional-resident children (applying with the parent) should be listed on the I-751.

[payxibka 10,045]

No - only conditional-resident children (applying with the parent) should be listed on the I-751.

In section 5 it says ALL your children. I do not see where applying with the parent is mentioned

[Otto 83]

In section 5 it says ALL your children. I do not see where applying with the parent is mentioned

Instructions say:

Conditional Resident Children (pg.1)

In Part 5 of the form, please make sure to in include any conditional resident children applying with you in order to have their conditional basis removed; or they may file separately. Please remember to provide their A#.

So if any children are not removing conditions (or are filing separately) they're not something USCIS needs to consider. That's how I read it.

[Yurika & Jim 77]

This topic was discussed here last month.

You can refer this thread. http://www.visajourney.com/forums/index.ph...amp;hl=children

It looks there were 2 ways of thinking and didn't conclude...

[lucyrich 20]

The question says to list ALL your children. Yes, there is a sentence in the instructions reminding you to be extra careful to list certain children, but that doesn't in any way relieve you of the burden to list all your children.

One of the columns in that table says "If in the US, give immigration status". If the table were only for children who are removing conditions jointly with you, there would be no need for that column. That column in the table is where you write "US Citizen" for your US Citizen children.

We listed our US Citizen child, of course. It worked perfectly.

[payxibka 10,045]

The question says to list ALL your children. Yes, there is a sentence in the instructions reminding you to be extra careful to list certain children, but that doesn't in any way relieve you of the burden to list all your children.

One of the columns in that table says "If in the US, give immigration status". If the table were only for children who are removing conditions jointly with you, there would be no need for that column. That column in the table is where you write "US Citizen" for your US Citizen children.

We listed our US Citizen child, of course. It worked perfectly.

exactly what I did

[Dakine 26]

We got RFEs and hammered for listing my adopted stepdaughter who got her US citizenship from me adopting her. She had a A#. I included her US Passport but they failed to catch the fact she was a US citizen and didn't need to remove conditions. I US PP # under section 5 and stated she was a USC. Didn't help as they wanted an extra $80 for biometrics for her. My senator had to straighten the whole mess out and took awhile to do so.

Out of the ordinary tho as few people adopt their alien stepkids.

Bottomline US citizen kids SHOULDN'T be listed under part 5.

From Rosie

The way I see it, the form is asking for information about the alien spouse. Part 1 - Information about YOU (the petitioner). Part 3 - Information about YOUR spouse or parent. So Part 5 - Information about YOUR children - leads me to believe that they are asking about biological or adopted children of the immigrant spouse. We have never listed my daughter (from a previous marriage) on any of my husband's immigration forms. It just doesn't seem relevant to do so. Just my 2 cents!

Edited February 8, 2010 by Dakine

[Brother Hesekiel 2,236]

My opinion, and it's a strong one: when dealing with immigration issues, forget once and for all US citizens. US citizens have nothing, none, nada, to do with immigration. Listing US citizens on immigration papers may work out for some, but since USCIS is heavily armed with human drones who push either the green or the red button, it's asking for trouble and RFEs for no good reason when the drone sees a child listed and some information on said child is missing. Again: US citizens have nothing to do with immigration.

[Dakine10 5,452]

My opinion, and it's a strong one: when dealing with immigration issues, forget once and for all US citizens. US citizens have nothing, none, nada, to do with immigration. Listing US citizens on immigration papers may work out for some, but since USCIS is heavily armed with human drones who push either the green or the red button, it's asking for trouble and RFEs for no good reason when the drone sees a child listed and some information on said child is missing. Again: US citizens have nothing to do with immigration.

When you file your N400, you'll see they are interested in US citizen children. The N400 is eplicit about listing all children, USC or not, adopted or biological.

We did include our USC kids on the I-751 and got approved PDQ with no RFE's I might add. I still say the fact that so many people ask this question means no one should be saying with any degree of certainty that it is correct to either include USC kids or not.

The wording in the instructions are in conflict with the wording and structure of the form. As I posted in the last thread, even immigration attorneys seem to interpret it both ways. If the AO can't read properly, you could get a RFE either way.