I-751 child seperate from parent

[Chantel 0]

I'll be sending my son's ROC tomorrow, just wondering if I need to add some ID picture?

thanks

[Peru Dad 0]

Thanks for this information, Inquisitive One. I am in a similar situation: my wife and step-daughter have their green cards through me, and my step-daughter had to file her I-751 separately from her mother. My wife's petition was approved last year without any problems, so I thought my step-daughter's would be a piece of cake. Imagine my surprise when they rejected her I-751 because it was missing my signature!

I had followed the directions to the letter and the I-751 simply doesn't have a place for the sponsoring parent's signature. So I googled it, read your comments, and you are saying that you crossed out "spouse" in section 7, wrote in "parent," and signed it yourself, and that worked? I'll try the same and see what happens...

Why do they make this so difficult?

Also, before I refile, I don't remember exactly what I did for my step-daughter's signature. She is 14 now, was 13 at the time we first submitted her I-751. You say you had your 10-year-old print his name, so I guess I'll do the same. I think that's what I did the first time, anyway.

[Gary and Alla 3,694]

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.

One of our sons entered 10 months after Alla (K-2 to follow) and we filed for his RoC separately. I will go back and answer your questions in the first post

[Gary and Alla 3,694]

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.

1. None

2. Date f marriage that makes him eligible, your marriage to your wife

3. palce of your marriage

4. NA

5. NO if the answer is NO

6. NO

7. NO

8. NA

9. No

10. No

The "spouse of parent" is YOU

He can sign it, I presume age 10 is old enough to be able to sign his name, OR his mother can sign it for him as a minor child. Our son signed his own but he is age 20 so he does that anyway

There is no "spouse" it is NA Your wife is not his spouse and you are the spouse of his parent, NOT the spouse. Our son ONLY signed his I-751

Read carefully, interpret literally.

[Gary and Alla 3,694]

Thanks for this information, Inquisitive One. I am in a similar situation: my wife and step-daughter have their green cards through me, and my step-daughter had to file her I-751 separately from her mother. My wife's petition was approved last year without any problems, so I thought my step-daughter's would be a piece of cake. Imagine my surprise when they rejected her I-751 because it was missing my signature!

I had followed the directions to the letter and the I-751 simply doesn't have a place for the sponsoring parent's signature. So I googled it, read your comments, and you are saying that you crossed out "spouse" in section 7, wrote in "parent," and signed it yourself, and that worked? I'll try the same and see what happens...

Why do they make this so difficult?

Also, before I refile, I don't remember exactly what I did for my step-daughter's signature. She is 14 now, was 13 at the time we first submitted her I-751. You say you had your 10-year-old print his name, so I guess I'll do the same. I think that's what I did the first time, anyway.

I did not sign our son's I-751 filed separately from ours and they mailed him the 10 year green card. Go figure.

It will not hurt anything to sign it.

[Gary and Alla 3,694]

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.

Good ideas all. I did list our marriage date and we did include a similar explanation in the cover letter plus copies of our marriage certificate, my wife's visa. my wife's green card, a copy of my wifes I-129f and DS 156 and I-751 that listed our son that filed separately, copies of his NOA1 for his 2 year green card, etc. Basically anything I could lay hands on that showed he was the son of my wife. We had no RFEs or any other problems.

I'll be sending my son's ROC tomorrow, just wondering if I need to add some ID picture?

thanks

A copy of his 2 year green card and any other government ID would be fine