I-751 child seperate from parent

[Inquisitive One 0]

My wife currently has her I-751 in process right now. The USCIS is making us file separate I-751 for both her and my 10 year old step-son even though they both entered the US at the same time. The reason we have to his is because their original GC production dates differed by more than 90 days.

Side Note: I originally tried to file them jointly but that I-751 application got returned to us with a NOA with the reason above.

So now it is time to file for my step son separately. The I-751 instructions do not go into detail about how to do this.

Part 1 obviously you would enter the information about immigrant step-son

Part 2 obviously you would check box (b)

My problems start with Part 3

(1) Other Names Used -- Okay this is pretty straight forward -- he doesn't have any other names used so that is "None"

(2) Date of Marriage -- Well my 10 year old step son is not married. So my confusion is do I put "N/A" or do I put the date of my marriage to his mother?

(3) Place of Marriage -- Same issue here

(4) If your spouse is deceased give date of death -- Here would be "N/A"

(5) Are you in removal proceeding -- Check "No"

(6) Was a fee paid to anyone other than an attorney -- Check "No"

(7) Have you ever been arrested -- Check "No"

(8) If you are married is this a different marriage than the one through which you gained conditional resident status -- Check "No"??

(9) Have you resided at any other address -- Check "No"

(10) Is your spouse currently employed by US government -- Check "No"

Part 4 Information about the Spouse of Parent Through Whom you gained Conditional Residence

Which parent are they talking about (Me the US Citizen or my wife the immigrant?)

Part 7 Signature

Top Line Signature - This would be my immigrant step-sons signature I'm pretty sure

Signature of Spouse - Do I (US Citizen Husband) sign here? Or does the mother (immigrant wife) sign or do we leave it blank?

Could they make anything more confusing than this process?

If you have gone through this before please help me out.

[Kimchimex 8]

My wife currently has her I-751 in process right now. The USCIS is making us file separate I-751 for both her and my 10 year old step-son even though they both entered the US at the same time. The reason we have to his is because their original GC production dates differed by more than 90 days.

Side Note: I originally tried to file them jointly but that I-751 application got returned to us with a NOA with the reason above.

So now it is time to file for my step son separately. The I-751 instructions do not go into detail about how to do this.

Part 1 obviously you would enter the information about immigrant step-son

Part 2 obviously you would check box (b)

My problems start with Part 3

(1) Other Names Used -- Okay this is pretty straight forward -- he doesn't have any other names used so that is "None"

(2) Date of Marriage -- Well my 10 year old step son is not married. So my confusion is do I put "N/A" or do I put the date of my marriage to his mother?

(3) Place of Marriage -- Same issue here

(4) If your spouse is deceased give date of death -- Here would be "N/A"

(5) Are you in removal proceeding -- Check "No"

(6) Was a fee paid to anyone other than an attorney -- Check "No"

(7) Have you ever been arrested -- Check "No"

(8) If you are married is this a different marriage than the one through which you gained conditional resident status -- Check "No"??

(9) Have you resided at any other address -- Check "No"

(10) Is your spouse currently employed by US government -- Check "No"

Part 4 Information about the Spouse of Parent Through Whom you gained Conditional Residence

Which parent are they talking about (Me the US Citizen or my wife the immigrant?)

Part 7 Signature

Top Line Signature - This would be my immigrant step-sons signature I'm pretty sure

Signature of Spouse - Do I (US Citizen Husband) sign here? Or does the mother (immigrant wife) sign or do we leave it blank?

Could they make anything more confusing than this process?

If you have gone through this before please help me out.

I have not gone thru this but I do know you should not put N/A for any answer because it looks like not available or not applicable & you could get a RFE . I would write 'Not deceased'

As for the marriage, put 'minor child not married'

Part 4 it seems would be you! Since you are the spouse of the childs parent! (man they do make it confusing don't they???)

Not seeing the form I think it would be you who signs as spouse, & it may be the parent who signs the other line For her child who is a minor...

Wow very fussy application...I hope I helped a bit, Kim

Edited November 19, 2010 by Kimchimex

[Jupiter07 12]

Ok, I will be looking out for my package to be returned...hence I will pay the new fee. My daughter and I got our CGCs on different dates, about a month apart. I filed with her on my application within my 90-day window which definitely is out of her 90-day window. Both of us can file together, that will be 1.5 mths into my 90day. Suckish. But I'd rather pay the diff. in new fees than an entire application's fee. Keeping my fingers crossed here.

[Inquisitive One 0]

I mistyped. Part 4 actually reads:

Part 4 Information about the Spouse or Parent Through Whom you gained Conditional Residence

[Inquisitive One 0]

Ok, I will be looking out for my package to be returned...hence I will pay the new fee. My daughter and I got our CGCs on different dates, about a month apart. I filed with her on my application within my 90-day window which definitely is out of her 90-day window. Both of us can file together, that will be 1.5 mths into my 90day. Suckish. But I'd rather pay the diff. in new fees than an entire application's fee. Keeping my fingers crossed here.

Jupiter I think you should be okay. They probably will not return yours because the GC expiration dates are only a month apart for you and your daughter.

My wife's GC expiration was 7/11/2010 . And Step-sons expiration is 11/28/2010 . more than 90 days apart hence the need to file seperately and pay an extra ~$600 .

Hopefully someone with experience with this can answer my questions in the initial post because I need to send the packet out ASAP.

I called the USCIS service center number today but they just told me they couldn't answer any questions about filling out forms and could only tell me to read the form instructions to figure it out.

[Jupiter07 12]

Jupiter I think you should be okay. They probably will not return yours because the GC expiration dates are only a month apart for you and your daughter.

My wife's GC expiration was 7/11/2010 . And Step-sons expiration is 11/28/2010 . more than 90 days apart hence the need to file seperately and pay an extra ~$600 .

Hopefully someone with experience with this can answer my questions in the initial post because I need to send the packet out ASAP.

I called the USCIS service center number today but they just told me they couldn't answer any questions about filling out forms and could only tell me to read the form instructions to figure it out.

Hopefully that will be the case.

If I were you I would fill out 2 of those forms in the different ways that I am interpreting them, then I mail them both with a cover letter explaining why I included more than one. They can pick the one that is correct.

[Inquisitive One 0]

Any last minute suggestions before I file?

[Inquisitive One 0]

Just to let everyone know here is what we ended up doing:

Part 1 Information About You:

We put all the info in for 10 year old immigrant step-son

Part 2 Basis for Petition:

We checked box b. "I am a child who entered as a conditional permanent resident, and I am unable to be included in a joint petition filed by my parent(s)"

Part 3 Additional Information About You:

Date of Marriage: Left Blank

Place of Marriage: Left Blank

In the cover letter we explanined that the applicant is a child an therefore is not married. We also explained that the applicant's immigrant mother is married to the applicant's US Citizen step-father. And we listed the date of the marraige and the place with the explanation in the cover letter.

Part 4. Information About the Spouse or Parent Through Whom You Gained Your Conditional Residence

In this section we listed the US Citizen step-father's information.

Part 7. Signature

Signature: I had the 10 year applicant print his name for the signature, and date it.

Signature of Spouse: I crossed out Spouse and printed Parent. Then the US Citizen step-father signed and dated here.

Also on the cover letter I had the applicant's mother and the applicant's step-father sign and date it.

I'll follow up later to let you know how it turned out. Packet was Express Mailed today.

[mboushey 0]

I'm having to file for my step-son seperately also. I have a question, what did you put in part-3 #1? did you put his name?

[Inquisitive One 0]

I'm having to file for my step-son seperately also. I have a question, what did you put in part-3 #1? did you put his name?

Step 3 box #1 [Other Names Used]. I put "None" . Because immigrant step-son still uses his birth certificate name. His green card, birth certificate, and passport all have the same name. And he is registered in school with this name.

Though in the future my wife and I have plans to change his last name to his step-fathers last name, my last name, which my wife now uses also. His real father is deceased and he doesn't have any contact with this part of his family. But we didn't want to confuse the immigration proceedings by doing that at this time. And I'm not sure yet if a formal adoption decree will be necessary for a name change or not yet and whether we would need to file something in Mexico for it also or can just use the court system here do it. We are expecting a new baby this December and so this will probably come up again next year since the baby will have my lastname on his birth certificate. So at some point we will want to change my step-sons lastname to match everyone else but I know it will cost more money and more red-tape to pile through so it isn't a priority at the moment.

[mainyasha 0]

thanks for posting foundd this very useful .

did you have to send in any evidence of your relationship as well

[cdj122952 0]

hi,

im applying for removal of conditon for my son also. if u dont mind i would like to have a sample of your cover letter.

thank you so much.

[Inquisitive One 0]

In followup all turned out well for my immigrant stepson. He recieved his 10 year GC. And we didn't get any RFEs. You will find the list of all the evidence we submitted below in the cover letter.

Okay here is the cover letter we used. Bolded parts need to be Replaced

#########################################################

[TODAYS DATE]

USCIS Vermont Service Center

75 Lower Welden St.

P.O. Box 200

St. Albans, VT 05479-0001

RE: I-751 PETITION TO REMOVE CONDITIONS OF STATUS ON:

[FULL NAME OF IMMIGRANT STEPSON], immigrant step-son , A#[IMMIGRANT STEPSON ALIEN NUMBER]

Dear USCIS examiner:

Enclosed please find a I-751 petition for removal of conditions of permanent resident status regarding my 10 year old step-son, [FULL NAME OF IMMIGRANT STEPSON]. He applied for his residency jointly based on my marriage in 2007 to his mother [FULL NAME OF IMMIGRANT WIFE] A#[ALIEN NUMBER OF IMMIGRANT WIFE]. He was interviewed along with my wife in June 2008 and was granted conditional permanent residency. Please also find a check for $590, the fee for this form. We are all happily living together at [RESIDENCE ADDRESS]. We request that this petition be accepted for removal of conditions on the residence of my step-son [FIRSTNAME OF IMMIGRANT STEPSON].

Please note that this is our second I-751 application attempt for [FIRSTNAME OF IMMIGRANT STEPSON]. Our first application attempt was a joint I-751 for both my step-son, [FIRSTNAME OF IMMIGRANT STEPSON], and my immigrant wife, [FIRSTNAME OF IMMIGRANT MOTHER]. This application was returned to us with a Notice of Action included that stated that the application couldn't be accepted because the proper fee wasn't included. The check originally submitted was for $625.00. This was due to the fact that it was a joint application. It was determined that immigrant step-son couldn't be included on the same application because his green card expiration date was more than 90 days after my wife's green card expiration date. For reasons unknown to us immigrant step-son's green card took 4 month's longer to be processed even though both my wife and immigrant step-son had their 2008 interview on the same date and were included on the same joint I-485 Form in 2007. I have included a copy of the Notice of Action dated [DATE OF NOA].

Therefore we filed a separate I-751 application for my immigrant wife, [FULL NAME OF IMMIGRANT WIFE]. Her application is currently in process, and she has recently attended her biometrics appointment. I have included a copy of that application receipt. I have also included a copy of the approval notice for the I-130 application that shows myself, [FULL NAME OF US CITIZEN HUSBAND], as the US Citizen petitioner for [FIRSTNAME OF IMMIGRANT STEPSON], immigrant step-son.

The biological father of immigrant step-son [FIRSTNAME OF IMMIGRANT STEPSON] is deceased and I have included a copy of the death certificate with this application. The death certificate was also included with the original joint I-485 application in 2007.

Also please note that on Part 3 of the I-751 application asks for Date of Marriage and Place of Marriage. Since the 10 year old applicant, [FULL NAME OF IMMIGRANT STEPSON] is not married we left those boxes blank. The applicant's immigrant mother and US Citizen step-father were married on [DATE OF MARRIAGE] in [CITY OF MARRIAGE], USA. I have included a copy of the marriage certificate with this application.

Enclosed also please find the following documents to verify the status of our ongoing relationship to the applicant since the time his original I-130 and I-485 application approval:

Copy of the green card of the applicant (immigrant step-son, [FULL NAME OF IMMIGRANT STEPSON])

Copy of the passport of the applicant (immigrant step-son, [FULL NAME OF IMMIGRANT STEPSON])

Copy of the birth certificate of the applicant (immigrant step-son, [FULL NAME OF IMMIGRANT STEPSON])

Copy of the applicant's I-130 Approval Notice showing step father, [FULL NAME OF US CITIZEN HUSBAND], as the petitioner

Copy of the passport of applicant's US Citizen step father ([FULL NAME OF US CITIZEN HUSBAND])

Copy of the Texas Driver License of applicant's US Citizen step father ([FULL NAME OF US CITIZEN HUSBAND])

Copy of the marriage certificate of US Citizen step father ([FULL NAME OF US CITIZEN HUSBAND]) and the applicants biological mother ([FULL NAME OF IMMIGRANT WIFE])

Copy of the green card of applicant's immigrant mother ([FULL NAME OF IMMIGRANT WIFE])

Copy of the passport of applicant's immigrant mother ([FULL NAME OF IMMIGRANT WIFE])

Copy of the Texas Driver License of applicant's immigrant mother ([FULL NAME OF IMMIGRANT WIFE])

Copy of the I-751 Reciept Notice of applicant's immigrant mother ([FULL NAME OF IMMIGRANT WIFE])

Copy of the I-751 ASC Appointment Notice of applicant's immigrant mother ([FULL NAME OF IMMIGRANT WIFE])

Notice of Action from the initial filing of a joint I-751 for both [FULL NAME OF IMMIGRANT WIFE] and [FULL NAME OF IMMIGRANT STEPSON]. Notice states that the I-751 couldn't be accepted without the proper fee and that [FULL NAME OF IMMIGRANT STEPSON] needs to file separately from his mother.

Copy of the 2009 joint US tax return of [FULL NAME OF US CITIZEN HUSBAND] and [FULL NAME OF IMMIGRANT WIFE] claiming the applicant [FULL NAME OF IMMIGRANT STEPSON] as a dependent.

Copy of the 2008 joint US tax return of [FULL NAME OF US CITIZEN HUSBAND] and [FULL NAME OF IMMIGRANT WIFE] claiming the applicant [FULL NAME OF IMMIGRANT STEPSON] as a dependent

Copy of the applicant's most recent report card from [NAME OF ELEMENTARY SCHOOL] in [CITY OF ELEMENTARY SCHOOL].

Copy of a Perfect Attendance Certificate of Recognition awarded to the applicant, [FULL NAME OF IMMIGRANT STEPSON] from [NAME OF ELEMENTARY SCHOOL]

Copy of a Statement of Services from a recent trip the applicant made to the doctor's office.

A Copy of the Death Certificate of the applicant's biological father, [FULL NAME OF IMMIGRANT STEPSON'S BIOLOGICAL FATHER]

Copies of our Airtran airfare confirmation and resort trip itinerary for our November 2009 family trip to Walt Disney World Resort in Orlando, Florida

64 Family Photos from 2009, and 2010

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Sincerely,

[FULL NAME OF US CITIZEN HUSBAND]

US citizen step father

[FULL NAME OF IMMIGRANT WIFE]

Immigrant mother

###############################################################################

Edited August 22, 2011 by Inquisitive One

[cdj122952 0]

thank you for the quick response.

god bless u and your family.

[Lars-N-Yenia 8]

Just to let everyone know here is what we ended up doing:

Part 4. Information About the Spouse or Parent Through Whom You Gained Your Conditional Residence

In this section we listed the US Citizen step-father's information.

we just had to go through the same situation in filing the I-751 for my stepson, but in part 4, i listed his mothers info (10 yr card holder), whos removal of conditions was approved this past may...now i am wondering if i should have put my info (usc) there instead...what swayed me to put the mom's info was the space provided for the a-#, and technically he obtained his conditional residence through her being married to me...also as far as evidence, we included his mom's appoval notice for her i-751, copy of her 10 yr green card and his school report cards for the past 2 years along with a copy of his conditional green card...maybe a rfe is in my near future...