Filing I-751 - K2 went back to England; do we note this somewhere?

[Shari 6]

Hello all. We are about to mail our I-751. My husband's son (K-2) came over with him and got his 2 year GC but has since gone back to England and will not be applying for his I-751. Do we need to note this anywhere in my husband's I-751 cover letter since they came over together?

On the I-751, Part 5, we did list him under "information about your children" along with his A# (as there is a space for it), and then obviously answered where asked "If in U.S., give address/immigration status" we put "N/A - moved back to England". I suppose this is okay?

[eau_xplain 2]

I think the info you provided on Part 5 should suffice but I am not sure. Hope somebody else will know the answer. Bumping this up for visibility.

[Scalpel 14]

Hello all. We are about to mail our I-751. My husband's son (K-2) came over with him and got his 2 year GC but has since gone back to England and will not be applying for his I-751. Do we need to note this anywhere in my husband's I-751 cover letter since they came over together?

On the I-751, Part 5, we did list him under "information about your children" along with his A# (as there is a space for it), and then obviously answered where asked "If in U.S., give address/immigration status" we put "N/A - moved back to England". I suppose this is okay?

Your situation looks very similar to this one. It's unclear from your post whether your step-son is a minor or not but I will advise you to run this by a qualified immigration attorney before you send in your paperwork. This is because the kind of answer you have just provided has a good chance of forever blocking this boy's chances of ever returning to the US on the green card he's currently carrying (even if he decides to come back) AND on a VWP (afterall, he has demonstrated immigrant intent). And you never know, this young man might change his mind and decide to come back in the near future.

Bottomline: Except your step son is an adult AND has told you categorically that he is never ever coming back I will encourage you to rethink your response.

[Shari 6]

Your situation looks very similar to this one. It's unclear from your post whether your step-son is a minor or not but I will advise you to run this by a qualified immigration attorney before you send in your paperwork. This is because the kind of answer you have just provided has a good chance of forever blocking this boy's chances of ever returning to the US on the green card he's currently carrying (even if he decides to come back) AND on a VWP (afterall, he has demonstrated immigrant intent). And you never know, this young man might change his mind and decide to come back in the near future.

Bottomline: Except your step son is an adult AND has told you categorically that he is never ever coming back I will encourage you to rethink your response.

He just turned 21 and has a job in England now. He does not have the money to fly back here for his biometrics that will be scheduled within the next month or so (I would imagine) and then fly back to England, as we don't have the money either; and there is always the possibility of an interview that he would have to come back for too.