I-751 ....Part 5...children??

[NickD 203]

I think its better to put the information.I just add my child on the form since I'll be submitting his BC as additional evidence.I just put USC under immigration status.The instructions did not say NOT to include USC child anyway, so its not really clear but I don't want to upset USCIS official who will be checking my papers because the form asks clearly about listing all the children and it doesn't make sense that I will submit my child's BC and don't put his name on the form.

Ha, clicked on the wrong topic and thought I was in the USC where you do list all of your kids, step, and otherwise, but not in the I-751, only the kids that can tailgate on the parent that also have a conditional card that is about to expire, and 80 bucks extra for each kid listed. Viewed that as being a bargain by the USCIS.

To include that kid, they must have received their conditional card within 90 days of the alien parent or you will have to file a separate I-751, pay the full fee.

[Marilyn. 340]

there are a lot of people on here that have included their USC kids on the form and have had no problems..

I think in Haole's case either something was filled out wrong or the adjudicator made a mistake...

[lucyrich 20]

there are a lot of people on here that have included their USC kids on the form and have had no problems..

I think in Haole's case either something was filled out wrong or the adjudicator made a mistake...

Agree. While I understand that Haole had a problem, the form clearly says to include ALL your children. We followed the instructions, which meant we included our USC child. It did not present a problem.

While it certainly does say to include conditional PR children if you want them to be included in the removal of conditions, that sentence doesn't indicate that you should omit any other children.

Note that the words "you" and "your" in the I-751 refer specifically to the alien removing conditions, not to the USC spouse. So in the case of children from prior marriages, I would not list any children of the USC spouse unless those are also children of the alien removing conditions.

[Teachtime 0]

I am filling out the new i-751 and it states on there to include children who you want to remove conditions on. I am confused too, but I believe that since they don´t have a place to check that they are a US citizen and they only provide a place for the A#, that they mean only to add children if you want to do the ROC for them too.

SO, I will file that way and add they BC´s as evidance. I might add in cover letter that they were born here and do not need ROC.

[atm 8]

Reading this has me a little worried! The form said to include all your children - so my husband included his children from his previous marriage in Argentina. Those children are adult, have never visited to the US - in fact they don't even have passports! On the form we wrote "none" for A#, and "not in US" for the part which asked for their US address. We completed the old version of the I-751.

Our thinking was that he included these children on the G-325A form for the I-130 and/or I-485 for his AOS (even though they were not emigrating), so it would have looked strange if he didn't include them on the I-751....

[Navyk 78]

I think its better to put the information.I just add my child on the form since I'll be submitting his BC as additional evidence.I just put USC under immigration status.The instructions did not say NOT to include USC child anyway, so its not really clear but I don't want to upset USCIS official who will be checking my papers because the form asks clearly about listing all the children and it doesn't make sense that I will submit my child's BC and don't put his name on the form.

Sorry guys I have not logged in for sometime. Here is my detailed response.

You only fill in the children whose condition is also being removed in this application along with the immigrant parent. You can include the child only if the child entered within 90 days of the immigrant parents' entry into US.

You can not include a child that entered 90 days after the immigrant parent entered into US. In that case a separate I-751 needs to be filed for that child with I-751 fee along with child's biometric fee of 80.

If you include a child other than the one that needs the condition to be lifted, then several things can happen depending on the person reviewing your case. He could understand that you mentioned the children by mistake and just ignore that information and process your application or send an RFE for payment of additional fee of 80 per each child included for biometrics.

The instructions are very clear, please read those again.

Yes you will use the birth certificate of a child born in this marriage as evidence but that child, if born in US, should not be entered.

[Navyk 78]

Sorry guys I have not logged in for sometime. Here is my detailed response.

You only fill in the children whose condition is also being removed in this application along with the immigrant parent. You can include the child only if the child entered within 90 days of the immigrant parents' entry into US.

You can not include a child that entered 90 days after the immigrant parent entered into US. In that case a separate I-751 needs to be filed for that child with I-751 fee along with child's biometric fee of 80.

If you include a child other than the one that needs the condition to be lifted, then several things can happen depending on the person reviewing your case. He could understand that you mentioned the children by mistake and just ignore that information and process your application or send an RFE for payment of additional fee of 80 per each child included for biometrics.

The instructions are very clear, please read those again.

Yes you will use the birth certificate of a child born in this marriage as evidence but that child, if born in US, should not be entered.

I am producing here below the content from I-751 from latest instruction. Please note that the fee has been increased. Also you will notice that the part 5 is for conditional resident children, who needs additional biometric fee of 85 per conditional resident child.

Please also note that the new form must be used by those that are submitting their application starting from June 16, 2013 (Old form will be accepted only till 6/15/2013 only).

Filing Fee : $505. (Add $85 biometric fee for a total of $590, where applicable. See the form instructions for payment details.) Special Instructions :

Note on Filing Fee: Please include the base petition fee plus $85 biometric services fee for all conditional resident applicants. Each conditional resident child listed under Part 5 of this form who is a dependent seeking to remove their conditional status, is required to submit an additional biometric services fee of $85, regardless of age.

Do not send Change of Address Requests to the USCIS Lockbox facilities.

This page can be found at http://www.uscis.gov/i-751

[KayDeeCee 4,893]

Reading this has me a little worried! The form said to include all your children - so my husband included his children from his previous marriage in Argentina. Those children are adult, have never visited to the US - in fact they don't even have passports! On the form we wrote "none" for A#, and "not in US" for the part which asked for their US address. We completed the old version of the I-751.

Our thinking was that he included these children on the G-325A form for the I-130 and/or I-485 for his AOS (even though they were not emigrating), so it would have looked strange if he didn't include them on the I-751....

Do not be worried. It asked for ALL children and that is what you listed. We used the old form and listed my USC children. I stated they were US citizens and I think it was clear they were not needing immigration services. They are my husband's step children and we had some evidence that included them, so we listed them. I am not worried at all about there being any mix up with the adjudicator being confused. I think the new form makes it all a little more clear for people and all the children should be listed on the new form too.

[Sherry Alblas 0]

So I've got a question about this section. My husband and I do not have children together only my children I had before we got together and married . Do I add them to this section or is it for only the children we had together ???

Edited January 4, 2018 by Sherry Alblas

[TBoneTX 45,304]

The answers above say ALL children.

Old thread is now closed to further comment.