HELP!! I -751 question

[happywifeymom 4]

Hello Again fellow Vj members,

I know i already posted this question but got no definite answer yet. My question is on the form I -751 Part 5 , it asked:

INformation about your children(list all children)?

My questions are:

1. WHo's children? the children born to our marriage ? or i will include my hubby and my kids in our previous marriages?

My hubby got 2 kids(14 & 23) who do not live with us and is not listed on his Income tax as his dependent though he is giving child support(14 yo).

I have two kids on previous marriage who is under the I -130 of my husband being his step children. and we got a child on our marriage and that son is a US citizen.

2. The form says all children so should I include all 5 children? or just children born to our marriage.

Am really confused so plsss.. i would appreciate your help.

[mozplay 29]

happywifeymom,

This is a topic which has caused much debate on this forum recently. Since experiences and opinions vary so much, you can only listen to the stories presented and then make your own decision. Think of it like a test though --- usually your first answer is the right one.

I have no kids so did not have to go through what you are going through, but here is what I would do if I were in your shoes.

On the I-751, I would list the children who are also adjusting status along with you. On the last line of that section I would then type in "See Supplemental Information Attached". I would then add a Supplemental Information sheet, remembering to put your name and A# along with making reference to what question on the I-751 you are supplementing (be safe ... type out the question/section in full) and then simply state your confusion, ask forgiveness and list ALL your children under the following headings:

Children ALSO Adjusting Status (born outside of this marriage)

1. Name and A#

2. Name and A#

Children NOT NEEDING to Adjust Status

- Children of USC only

1. Name, US Citizen by birth

2. Name, US Citizen by birth

- Child of both Permanent Resident and USC

1. Name, US Citizen by birth

I would further provide birth certificates of all the children. This is what I would do, I hope it helps. But remember, you need to follow your gut, your heart and your head. And yours alone.

Mo

Edited May 18, 2009 by mozplay

[Dakine 26]

As I stated before! DON"T list any children unless they have to have conditions removed. Put USC kids acquired during the current marraige in the cover letter with their BCs to show proof of relationship.

List ONLY ALL children that need to have their conditions removed.

The form is not only confusing but wrong. They are not looking for kids for proof of relationship. JUST those that have A#s have to be included in the Part 5.

People with kids that have to have conditions removed with moms/dads have to pay an additional $80 biometric fee each.

Most of the time they are the petitioners step children that came with the biological parent only. NO USC children unless they were adopted as was our case.

As I posted before! We got in DEEP sh!t for placing my adopted USC child in Part 5.

[mozplay 29]

Put USC kids acquired during the current marraige in the cover letter with their BCs to show proof of relationship.

I do want to say that important information that you want looked at and that you want to remain with your file should not be placed in the cover letter. The cover letter is not a required document and rumours have it that they simply discard them. If you are supplementing information to the immigration form, then you need a Supplemental Information sheet that you can feel assured will stay with your file.

Mo

[happywifeymom 4]

happywifeymom,

This is a topic which has caused much debate on this forum recently. Since experiences and opinions vary so much, you can only listen to the stories presented and then make your own decision. Think of it like a test though --- usually your first answer is the right one.

I have no kids so did not have to go through what you are going through, but here is what I would do if I were in your shoes.

On the I-751, I would list the children who are also adjusting status along with you. On the last line of that section I would then type in "See Supplemental Information Attached". I would then add a Supplemental Information sheet, remembering to put your name and A# along with making reference to what question on the I-751 you are supplementing (be safe ... type out the question/section in full) and then simply state your confusion, ask forgiveness and list ALL your children under the following headings:

Children ALSO Adjusting Status (born outside of this marriage)

1. Name and A#

2. Name and A#

Children NOT NEEDING to Adjust Status

- Children of USC only

1. Name, US Citizen by birth

2. Name, US Citizen by birth

- Child of both Permanent Resident and USC

1. Name, US Citizen by birth

I would further provide birth certificates of all the children. This is what I would do, I hope it helps. But remember, you need to follow your gut, your heart and your head. And yours alone.

Mo

Thank you but my 2 kids are not here with me yet..we just filed a petition for them? My hubby's kids are all USC by birth and our son born to our marriage is a USC though born n the Philippines as well so should i Put all 5 children?

Not really sure what to do yet since others said i dont have to put the names of children that are not adjusting their status and No A #s like what Haole said.

Pls. more inputs i would really appreciate.

[ready4ONE 5,400]

happywifeymom,

This is a topic which has caused much debate on this forum recently. Since experiences and opinions vary so much, you can only listen to the stories presented and then make your own decision. Think of it like a test though --- usually your first answer is the right one.

I have no kids so did not have to go through what you are going through, but here is what I would do if I were in your shoes.

On the I-751, I would list the children who are also adjusting status along with you. On the last line of that section I would then type in "See Supplemental Information Attached". I would then add a Supplemental Information sheet, remembering to put your name and A# along with making reference to what question on the I-751 you are supplementing (be safe ... type out the question/section in full) and then simply state your confusion, ask forgiveness and list ALL your children under the following headings:

Children ALSO Adjusting Status (born outside of this marriage)

1. Name and A#

2. Name and A#

Children NOT NEEDING to Adjust Status

- Children of USC only

1. Name, US Citizen by birth

2. Name, US Citizen by birth

- Child of both Permanent Resident and USC

1. Name, US Citizen by birth

I would further provide birth certificates of all the children. This is what I would do, I hope it helps. But remember, you need to follow your gut, your heart and your head. And yours alone.

Mo

Thank you but my 2 kids are not here with me yet..we just filed a petition for them? My hubby's kids are all USC by birth and our son born to our marriage is a USC though born n the Philippines as well so should i Put all 5 children?

Not really sure what to do yet since others said i dont have to put the names of children that are not adjusting their status and No A #s like what Haole said.

Pls. more inputs i would really appreciate.

I believe mozplay gives you a great suggestion! Making a list of the kids in that way, as an attachment to the I-751 is much better than just talking about them in your cover letter since the attachment becomes part of the I-751. And there could be confusion along the lines the Haole experienced since your child together was born in PI but is a US Citizen.

Technically, I believe the form is only asking for none of the children you have. It is meant for children adjusting status along with your petition. Myself I would say mozplay has the best suggestion yet on how to deal with question 5. Good luck!

[Immigrant2009 0]

happywifeymom,

This is a topic which has caused much debate on this forum recently. Since experiences and opinions vary so much, you can only listen to the stories presented and then make your own decision. Think of it like a test though --- usually your first answer is the right one.

I have no kids so did not have to go through what you are going through, but here is what I would do if I were in your shoes.

On the I-751, I would list the children who are also adjusting status along with you. On the last line of that section I would then type in "See Supplemental Information Attached". I would then add a Supplemental Information sheet, remembering to put your name and A# along with making reference to what question on the I-751 you are supplementing (be safe ... type out the question/section in full) and then simply state your confusion, ask forgiveness and list ALL your children under the following headings:

Children ALSO Adjusting Status (born outside of this marriage)

1. Name and A#

2. Name and A#

Children NOT NEEDING to Adjust Status

- Children of USC only

1. Name, US Citizen by birth

2. Name, US Citizen by birth

- Child of both Permanent Resident and USC

1. Name, US Citizen by birth

I would further provide birth certificates of all the children. This is what I would do, I hope it helps. But remember, you need to follow your gut, your heart and your head. And yours alone.

Mo

Thank you but my 2 kids are not here with me yet..we just filed a petition for them? My hubby's kids are all USC by birth and our son born to our marriage is a USC though born n the Philippines as well so should i Put all 5 children?

Not really sure what to do yet since others said i dont have to put the names of children that are not adjusting their status and No A #s like what Haole said.

Pls. more inputs i would really appreciate.

Hi happywifeymom,

The Instructions for I-751 Clearly indicates to include in part 5 only children who have conditional residency, meaning they got GC alongwith no resident parent via marriage to USC.

http://www.uscis.gov/files/form/I-751instr.pdf

Conditional Resident Children

In Part 5 of the form, please make sure to 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-number.

Since you have child with marriage, you have a very strong evidence of a bonafilde marriage. According to you I-751 Instrucitons.

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should cover, but not limited to,the following examples:

1. Birth certificate(s) of child(ren) born to the marriage. ....

So Since you don't have any children of your children who need I-751, meaning you don't need to include your 2 kids who haven't yet gotten their conditional GCs yet so no need to include them as they are not part of your application.

Include your USC Son's Birth Certificate as part of I-751 appliaction.

So Again, No need to include your children or his children as part of I-751, only birth certificate of USC son born due to marriage with your USC husband.

Hope it helps.

Good Luck.

[happywifeymom 4]

happywifeymom,

This is a topic which has caused much debate on this forum recently. Since experiences and opinions vary so much, you can only listen to the stories presented and then make your own decision. Think of it like a test though --- usually your first answer is the right one.

I have no kids so did not have to go through what you are going through, but here is what I would do if I were in your shoes.

On the I-751, I would list the children who are also adjusting status along with you. On the last line of that section I would then type in "See Supplemental Information Attached". I would then add a Supplemental Information sheet, remembering to put your name and A# along with making reference to what question on the I-751 you are supplementing (be safe ... type out the question/section in full) and then simply state your confusion, ask forgiveness and list ALL your children under the following headings:

Children ALSO Adjusting Status (born outside of this marriage)

1. Name and A#

2. Name and A#

Children NOT NEEDING to Adjust Status

- Children of USC only

1. Name, US Citizen by birth

2. Name, US Citizen by birth

- Child of both Permanent Resident and USC

1. Name, US Citizen by birth

I would further provide birth certificates of all the children. This is what I would do, I hope it helps. But remember, you need to follow your gut, your heart and your head. And yours alone.

Mo

Thank you but my 2 kids are not here with me yet..we just filed a petition for them? My hubby's kids are all USC by birth and our son born to our marriage is a USC though born n the Philippines as well so should i Put all 5 children?

Not really sure what to do yet since others said i dont have to put the names of children that are not adjusting their status and No A #s like what Haole said.

Pls. more inputs i would really appreciate.

Hi happywifeymom,

The Instructions for I-751 Clearly indicates to include in part 5 only children who have conditional residency, meaning they got GC alongwith no resident parent via marriage to USC.

http://www.uscis.gov/files/form/I-751instr.pdf

Conditional Resident Children

In Part 5 of the form, please make sure to 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-number.

Since you have child with marriage, you have a very strong evidence of a bonafilde marriage. According to you I-751 Instrucitons.

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should cover, but not limited to,the following examples:

1. Birth certificate(s) of child(ren) born to the marriage. ....

So Since you don't have any children of your children who need I-751, meaning you don't need to include your 2 kids who haven't yet gotten their conditional GCs yet so no need to include them as they are not part of your application.

Include your USC Son's Birth Certificate as part of I-751 appliaction.

So Again, No need to include your children or his children as part of I-751, only birth certificate of USC son born due to marriage with your USC husband.

Hope it helps.

Good Luck.

Thank you so much.

[M-OK 0]

Hello Again fellow Vj members,

I know i already posted this question but got no definite answer yet. My question is on the form I -751 Part 5 , it asked:

INformation about your children(list all children)?

My questions are:

1. WHo's children? the children born to our marriage ? or i will include my hubby and my kids in our previous marriages?

My hubby got 2 kids(14 & 23) who do not live with us and is not listed on his Income tax as his dependent though he is giving child support(14 yo).

I have two kids on previous marriage who is under the I -130 of my husband being his step children. and we got a child on our marriage and that son is a US citizen.

2. The form says all children so should I include all 5 children? or just children born to our marriage.

Am really confused so plsss.. i would appreciate your help.

[M-OK 0]

HI,

My friend's wife has just received her 10GC. They both had child together and they included their daughter in Question 5 and listed her as USC. I am hoping this help.

[happywifeymom 4]

HI,

My friend's wife has just received her 10GC. They both had child together and they included their daughter in Question 5 and listed her as USC. I am hoping this help.

Thank you.

[elwintro 0]

The Instructions for I-751 Clearly indicates to include in part 5 only children who have conditional residency, meaning they got GC alongwith no resident parent via marriage to USC.

http://www.uscis.gov/files/form/I-751instr.pdf

Conditional Resident Children

In Part 5 of the form, please make sure to 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-number.

Look, I hashed this out with Haole et al. on a couple of threads recently. The instructions for the I-751 DO NOT clearly indicate that Part 5 is ONLY for conditional resident children applying with you. That is a bogus interpetation.

I don't know what's wrong with you people and your comprehension of the English language and the simple instructions given by the USCIS. Part 5 on the I-751 says to list ALL your children, and the instructions sheet says to "make sure to include any conditional resident children applying with you." These are not mutually exclusive statements.

List all your children, and make sure you include the conditional resident children applying with you -- it's as simple as that. Stop over interpreting the form and twisting these very simple instructions into some weird contradiction that doesn't make any sense.

If you are the conditional resident applying for the I-751 immigration benefit, then list all of your children in Part 5, whether they are the product of a previous marriage or of your current marriage to a US Citizen. If your children are already US Citizens, then DO NOT list an A# even if they previously had one -- this is what Haole did for his adopted daughter, and it's what got him into trouble because the USCIS saw the A# and thought that she was applying for the I-751 beneft too (obviously, if the USCIS had checked his daughter's record, they would have seen that she was admitted to citizenship and therefore not needing the I-751 benefit, but they clearly did not do that). I managed to clarify this with him on a different thread, but yet here he is again on this thread spreading fear, uncertainty, and doubt when the reality is he made a mistake which generated all his trouble.

All you need to do is read the form and the instructions and just do exactly what they say. If your kids are US Citizens already, then the A# column does not apply to them, even if they once had an A# (they are citizens now, not alien residents, even though naturalized citizens still technically have an A#). As far as I am aware, if you're a naturalized citizen, the only time you need to tell the USCIS your A# is if you need to get a copy of your naturalization certificate so they can reference you. However, if you feel compelled to list an A# for a child not applying with you on the I-751, then, for goodness sake, do what someone suggested earlier and create an attachment to your I-751 explaining, in detail, what's going on and who's applying with you and who's not. This is the best way to eliminate any possible confusion on the part of the USCIS.

Edited May 22, 2009 by elwintro

[mozplay 29]

I don't know what's wrong with you people and your comprehension of the English language and the simple instructions given by the USCIS. Part 5 on the I-751 says to list ALL your children, and the instructions sheet says to "make sure to include any conditional resident children applying with you." These are not mutually exclusive statements.

And exactly what do you mean by "you people"? If there were no such thing as interpretation, then history would never be written. And, elwintro, you seem to be the only person who understands this clearly - lucky you. For anyone else wanting to ask questions ... even if those questions are only asked to double check what they already know ... that's what this forum is for.

So, thank you for your take on it - it is as valuable as anyone and everyone else's.

[elwintro 0]

And exactly what do you mean by "you people"? If there were no such thing as interpretation, then history would never be written.

I mean people like Haole and Immigrant2009 who give people bad advice and bad interpretations of the I-751 and its instructions.

And, elwintro, you seem to be the only person who understands this clearly - lucky you. For anyone else wanting to ask questions ... even if those questions are only asked to double check what they already know ... that's what this forum is for.

I'm not against those who are uncertain and want to ask questions, I'm against those who provide a response to those questions that is wrong and misinforming people. If you take someone's bad advice on these forums and your immigration benefit is denied as a result, then you are absolutely high and dry. I don't want to see that happen, but that may be what it'll take before people like Haole stop spreading FUD.

So, thank you for your take on it - it is as valuable as anyone and everyone else's.

No, it's not. As someone who has kids and had to face Part 5 of the I-751, my take is more valuable than yours because you don't have any kids. So take your self-righteous "I'm ok, you're ok" attitude and shove it.

Edited May 22, 2009 by elwintro

[Immigrant2009 0]

The Instructions for I-751 Clearly indicates to include in part 5 only children who have conditional residency, meaning they got GC alongwith no resident parent via marriage to USC.

http://www.uscis.gov/files/form/I-751instr.pdf

Conditional Resident Children

In Part 5 of the form, please make sure to 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-number.

Look, I hashed this out with Haole et al. on a couple of threads recently. The instructions for the I-751 DO NOT clearly indicate that Part 5 is ONLY for conditional resident children applying with you. That is a bogus interpetation.

I don't know what's wrong with you people and your comprehension of the English language and the simple instructions given by the USCIS. Part 5 on the I-751 says to list ALL your children, and the instructions sheet says to "make sure to include any conditional resident children applying with you." These are not mutually exclusive statements.

List all your children, and make sure you include the conditional resident children applying with you -- it's as simple as that. Stop over interpreting the form and twisting these very simple instructions into some weird contradiction that doesn't make any sense.

If you are the conditional resident applying for the I-751 immigration benefit, then list all of your children in Part 5, whether they are the product of a previous marriage or of your current marriage to a US Citizen. If your children are already US Citizens, then DO NOT list an A# even if they previously had one -- this is what Haole did for his adopted daughter, and it's what got him into trouble because the USCIS saw the A# and thought that she was applying for the I-751 beneft too (obviously, if the USCIS had checked his daughter's record, they would have seen that she was admitted to citizenship and therefore not needing the I-751 benefit, but they clearly did not do that). I managed to clarify this with him on a different thread, but yet here he is again on this thread spreading fear, uncertainty, and doubt when the reality is he made a mistake which generated all his trouble.

All you need to do is read the form and the instructions and just do exactly what they say. If your kids are US Citizens already, then the A# column does not apply to them, even if they once had an A# (they are citizens now, not alien residents, even though naturalized citizens still technically have an A#). As far as I am aware, if you're a naturalized citizen, the only time you need to tell the USCIS your A# is if you need to get a copy of your naturalization certificate so they can reference you. However, if you feel compelled to list an A# for a child not applying with you on the I-751, then, for goodness sake, do what someone suggested earlier and create an attachment to your I-751 explaining, in detail, what's going on and who's applying with you and who's not. This is the best way to eliminate any possible confusion on the part of the USCIS.

Hi elwintro',

Like 'mozplay' said, "What exactly do you mean by 'You People' ", You know that it's considered a racist and mocked slang in America.

I know you are trying to show us your point of view but It's not that way to address others. We all respect and ecncourage different views as long they are towards attacking others.

I try to give advice based on my best judgement and experience, It's up to the folks to act on it or not. Please don't attack folks. I didn't attack you.

I read the form twice. I-751 is simply for conditional removal for conditional residents.

If a person and their children become conditional resident, alongwith parent they also have to be listed. USC child of each spouse doesn't need condition removal. USCIS doesn't care about the USC child.

USCIS is not census Bureau but related to Immigration, the USC child doesn't need to be listed for I-751.

You said ALL.

http://www.uscis.gov/files/form/I-751instr.pdf

In the form Instruction, it doesn't say "ALL Children" please show me where does it say ALL children. It says.

Who May File Form I-751?

1. If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, use this form to petition for the removal of those conditions.
2. If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status. However, you may apply for a waiver of this joint filing requirement if:
3. You entered the marriage in good faith, but your spouse subsequently died;
4. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
5. You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
6. The termination of your status and removal would result in extreme hardship.

Conditional Resident Children

In Part 5 of the form, please make sure to 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-number.

Hope it makes things clear. Please don't take my comments as attack I was just replying to your harsh comments.

Edited May 22, 2009 by Immigrant2009