Form I-751: Part 5. Information About Your Children

[Caroline and Phil 14]

My question is about Form I-751 "Part 5. Information About Your Children-List all your children"

We don't have any children together but my husband (American citzen) has 2 kids from his former marriage, should we list his kids there or they mean kids we have together?

Thanks in advance.

[v333k 59]

My question is about Form I-751 "Part 5. Information About Your Children-List all your children"

We don't have any children together but my husband (American citzen) has 2 kids from his former marriage, should we list his kids there or they mean kids we have together?

Thanks in advance.

Are the children living with you? If you provide this information, then I think someone more knowledgeable with be able to provide you with an answer.

Edited December 31, 2009 by v333k

[Caroline and Phil 14]

Are the children living with you? If you provide this information, then I think someone more knowledgeable with be able to provide you with an answer.

The kids spend the weekends with us.

[Dakine 26]

You only need to list children who are GC holders and want to remove their conditions also.

[Caroline and Phil 14]

You only need to list children who are GC holders and want to remove their conditions also.

Oh, thank you Dakine and v333k.

[Dakine10 5,452]

This has been debated back and forth ad nauseum

The instructions say something to the effect of "In part 5, make sure you include any conditional resident children ..."

Then, the title of section 5 says "Information about your children - List ALL your children", then there are blanks for immigration status, address, and a box to check if they live with you or not.

People have posted in the past about listing their USC children and getting erroneous RFE's asking for the $80 biometrics fee. That's what happened to Dakine

http://www.visajourney.com/forums/index.php?showtopic=171725

But others, including an immigration attorney below say you do need to include all children. If they are not derivative beneficiaries, you would indicate US citizen for immigration status.

http://www.avvo.com/legal-answers/form-i-7...esid-32703.html

I take the forms literally, so I listed our USC children, and I think many people have done it without problems.

[Udella&Wiz 325]

Why would you list children who are already American citizens? Whoever you list there receives a biomterics appt and you pay a fee for them to have ROC done for - your husband's children don't have GC's and don't need ROC.

I have my own daughter (who has a GC like me) and she was on my application, my husband(the USC) has 2 boys from a first marriage(USCs) and of course they were NOT listed on my ROC application, nothing to really do with it - just other members of our faimly.

[Dakine10 5,452]

As the applicant, I would list all my children because that's what the form asks for. By marking US citizen for immigration status they know you don't need biometrics. At least they should know, unless you happen to get a complete jerk or idiot reviewing your case (like Dakine did).

The instructions say "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". Having dealt with US immigration for 20 years now, to interpret those instructions as anything else is a leap of faith I'm not going to make. If the instructions said ONLY include conditional resident children, that's what I would have done.

Just my interpretation. I'm more prepared to deal with a RFE for biometrics fees than one asking why I sent birth certificates for 2 kids but didn't list any children on the form where it asks for all children.

Part of the problem is the instructions are poorly worded. Strange when you compare it to the N-400 section about children which is very explicit about who to list. No confusion in those instructions.

[Dakine 26]

As the applicant, I would list all my children because that's what the form asks for. By marking US citizen for immigration status they know you don't need biometrics. At least they should know, unless you happen to get a complete jerk or idiot reviewing your case (like Dakine did).

The instructions say "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". Having dealt with US immigration for 20 years now, to interpret those instructions as anything else is a leap of faith I'm not going to make. If the instructions said ONLY include conditional resident children, that's what I would have done.

Just my interpretation. I'm more prepared to deal with a RFE for biometrics fees than one asking why I sent birth certificates for 2 kids but didn't list any children on the form where it asks for all children.

Part of the problem is the instructions are poorly worded. Strange when you compare it to the N-400 section about children which is very explicit about who to list. No confusion in those instructions.

Part of the problem is the instructions are poorly worded. Strange when you compare it to the N-400 section about children which is very explicit about who to list. No confusion in those instructions

That is the problem.

Do you think USCIS gives a sh!t about USC kids fron a previous marriage for ROC.?

Alls I can say is do what suits you. I guess you could say ours worked by putting my USC child

Took extra months and my senator t get it done tho.

Aloha

Edited January 1, 2010 by Dakine

[Udella&Wiz 325]

As the applicant, I would list all my children because that's what the form asks for. By marking US citizen for immigration status they know you don't need biometrics. At least they should know, unless you happen to get a complete jerk or idiot reviewing your case (like Dakine did).

The instructions say "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". Having dealt with US immigration for 20 years now, to interpret those instructions as anything else is a leap of faith I'm not going to make. If the instructions said ONLY include conditional resident children, that's what I would have done.

Just my interpretation. I'm more prepared to deal with a RFE for biometrics fees than one asking why I sent birth certificates for 2 kids but didn't list any children on the form where it asks for all children.

Part of the problem is the instructions are poorly worded. Strange when you compare it to the N-400 section about children which is very explicit about who to list. No confusion in those instructions.

Doesn't your bolded statement mean exactly that -children who have GC's and only them? Not trying to be a pain...by now we've probably confused the OP

[NArocks 13]

Just FYI I listed all Children. One is a USC ( does not live with us , One still lives in Colombia and 2 that have GC but were not eligible to lift conditions at the time of application. We received no RFE and hubby was approved.

So wording is very unclear. Some people have probelms and some do not, it is like rolling the dice I guess.. I know Dakine had problems but his daughter had an A number nd then was adopted and became a USC ( correct me if I am worong ). That may have been some of the troubles there.

[Dakine10 5,452]

Part of the problem is the instructions are poorly worded. Strange when you compare it to the N-400 section about children which is very explicit about who to list. No confusion in those instructions

That is the problem.

Do you think USCIS gives a sh!t about USC kids fron a previous marriage for ROC.?

Alls I can say is do what suits you. I guess you could say ours worked by putting my USC child

Took extra months and my senator t get it done tho.

Aloha

Well I listed our USC kids from our current marriage. In my opinion it's relevant to removing conditions. If I wasn't including their birth certificates as supporting evidence, I wouldn't have been as big of a deal.

Most people don't have a problem doing this. A quick google search will bring up at least 4 attorneys FAQ's/blogs/answers that say you do need to list USC children.

It sounds like the problem in your case was the adjudicator, not listing the USC child. Should have been an RFE and explanation at most. If the person reviewing your case is not competent, you are going to have problems regardless.

And since you filed the N-400, you do know USC gives a S*** about kids from a previous marriage.

[Dakine10 5,452]

Doesn't your bolded statement mean exactly that -children who have GC's and only them? Not trying to be a pain...by now we've probably confused the OP

Sure that might be what it means. I don't see the word ONLY in there and I'm not able to read the mind of the person who wrote the form.

The instructions also say to answer all questions accurately. So what does phrasing part 5 as "List ALL children" mean then? Does it mean everybody has to guess what the hell they want you to put? From the number of people who ask this question, thats what it accomplished.

Good instructions should be imperative. Not ... "please be sure do this if you want that .....". That's what is confusing. If the instructions and form were written properly, this topic wouldn't be here.

[Udella&Wiz 325]

You're being overly cautious for no reason, their instructions clearly state 'conditional resident children'......yes they'll probably see the USC children and ignore them if you put them on the form.....but why confuse the gov't people to begin with by including people who are irrelavant on the application?

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.

To me, this goes along with the people who send a 300 page book as evidence.....overkill isn't necessary and it probably just slows things when they have to take time to weed through what's relevant or not on th person's application.

Sure that might be what it means. I don't see the word ONLY in there and I'm not able to read the mind of the person who wrote the form.

The instructions also say to answer all questions accurately. So what does phrasing part 5 as "List ALL children" mean then? Does it mean everybody has to guess what the hell they want you to put? From the number of people who ask this question, thats what it accomplished.

Good instructions should be imperative. Not ... "please be sure do this if you want that .....". That's what is confusing. If the instructions and form were written properly, this topic wouldn't be here.

[Rosie420 2]

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!

Rosie