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

[Dakine 26]

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

You are CORRECT.

[karenkaye 1]

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

I think your two cents make a lot of sense Rosie! This is exactly what we have done - my son is mentioned (I'm the one with the antennas) my husbands children have never been part of the process - they are all USC - which my son is also but he is listed in section 5 of the I-751 as such and I don't expect to get a biometrics fee request for him - he was also listed when we first applied and we supplied his birth certificate at that time. He's lived with us throughout the entire conditional period and a letter from his high school is part of the evidence I'm submitting.

I think what you've said is the only logical way of looking at the question.

[Dakine10 5,452]

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

I guess that's how I see it. All children related to the primary applicant, biological or not, USC or not.

It's just strange that every time it comes up, everyone seems to have a different interpretation of who should be listed. It really seems like an anomaly compared to all the other forms we fill out.

Another opinion, offered by imm. attorney Stuart Folinsky, who some here are familiar with, is that this is a joint petition, so ALL children of both parties should be listed. He answered this question many times on britishexpats.com, always saying ALL children of both parties should be listed. Children who are USC's should have that listed under immigration status and N/A for A#. He also replied once not to worry about it too much if you don't list USC children.

IMO, the only really bad thing one could do would be to leave conditional resident children off the form, since they would then lose their status. There probably wouldn't be an RFE for this since USCIS would not know if they were removing conditions separately. It would be too late to correct by the time you find out. And that's probably why they put a big reminder in the instructions.

[Y3+E 25]

On January 1, 2010 at 8:19 AM, Udella&Wiz said:

 

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.

 

My wife, the petitioner listed all three of her children on the I-751.  Two of her teen daughters (my step children) have Alien numbers and are seeking ROC also.  Her third child (our biological child) born in the Dominican Republic, gained citizenship (U.S. Consular Report of Birth Abroad document issued) because I am a U.S. Citizen.  Our U.S. Citizen child has facilitated the immigration journey of my wife and two step-daughters.  (I remember preparing together so many times to answer so many possible questions for our visa interview at the U.S. Embassy.  When we were interviewed, we were asked only one question.  Is that your baby daughter, [name]?  My wife said yes, and she was told that her visa application was approved.)  My wife and two step-daughters applied in April 2016.  The three of them received bio-metric appointments.  To date, we have not received a Request for Additional Information of our USC toddler although listed on the I-751.