I-751 question about my children

[Alchemist 0]

Hi:

I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side.

We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father?

Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on.

[diadromous mermaid 36]

Hi:

I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side.

We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father?

Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on.

First, you will be advised if you will be required to appear for an interview or not. If the I-751 is adjudicated without an interview, you'll receive notification when it is approved, or denied and given instructions on how and when to return the old GC and prepare to replace it with the 10-yr GC.

As to the child, at this time, while she is not your biological daughter, she doesn't need to be included.

[Yodrak 7]

Alchemist,

Your are married to the child's mother, so you are her stepfather. You should have listed her. The item says, "List all your children." It does not say list your biological children, it does not say 'except stepchildren', it says 'all children'.

At the very least listing your stepchild would have helped to create the impression that you consider her to be your child, an indication of a bonafide marriage.

Yodrak

Hi:

I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side.

We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father?

Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on.

[diadromous mermaid 36]

Alchemist,

Your are married to the child's mother, so you are her stepfather. You should have listed her. The item says, "List all your children." It does not say list your biological children, it does not say 'except stepchildren', it says 'all children'.

At the very least listing your stepchild would have helped to create the impression that you consider her to be your child, an indication of a bonafide marriage.

Yodrak

Hi:

I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side.

We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father?

Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on.

Yodrak,

While I agree with your interpretation of the directions, the word "children" is collective and unspecified, in my opinion the child in this case may or may not help to demonstrate the bona fide marriage. However, even if listing the child would have been betterm since the application has been submitted and the OP listed NONE, what would you recommend?

[meauxna 15]

DM, Y may be referring to this thread, particularaly from MrF's post #10 & onward:

http://britishexpats.com/forum/showthread.php?t=400974

[Yodrak 7]

diadromous mermaid,

Exactly, the word 'children' is collective and non-specific. I.e. all-encompassing, even without the word 'all' in front of it for emphasis?

No recommendation. The form is submitted, and it's probably consistent with previous applications submitted by Alchemist. I don't know what, if anything, ought to be done at this point. And I'll bet the majority of people answer the same way - do not list stepchildren.

Good question for an immigration attorney?

Yodrak

Yodrak,

While I agree with your interpretation of the directions, the word "children" is collective and unspecified, in my opinion the child in this case may or may not help to demonstrate the bona fide marriage. However, even if listing the child would have been betterm since the application has been submitted and the OP listed NONE, what would you recommend?

Edited October 11, 2006 by Yodrak

[diadromous mermaid 36]

diadromous mermaid,

Exactly, the word 'children' is collective and non-specific. I.e. all-encompassing, even without the word 'all' in front of it for emphasis?

No recommendation. The form is submitted, and it's probably consistent with previous applications submitted by Alchemist. I don't know what, if anything, ought to be done at this point. Good question for an immigration attorney?

Yodrak

Yodrak,

While I agree with your interpretation of the directions, the word "children" is collective and unspecified, in my opinion the child in this case may or may not help to demonstrate the bona fide marriage. However, even if listing the child would have been betterm since the application has been submitted and the OP listed NONE, what would you recommend?

"non-specific", thanks. Mind is mush today I suppose a consultation would be a good idea. I suspect that attempting to change the submission at this point could simply draw attention to something which might not be of critical importance, but it would be interesting to see if a "legal expert opinion" would recommend an amended I-751.

[Alchemist 0]

Thanks a lot guys for your feedback!

Before I submitted my I-751, I looked online on the USCIS site and at one point it gives some clarifications about who "your children" are, which triggered my decision to list NONE. It's listed under a different application, not I-751, and it states that your biological and/or adopted children under 21 are considered "your children". Since we haven't processed the adoption papers yet and she is not my biological daughter, I decided to put NONE.

My question on this forum is a little late, since I already submmited the application, but I thought it's an interesting case which might help others.

Thanks a lot!

[Yodrak 7]

Alchemist,

Do you recall the application for which you saw that definition of 'children'?

Yes, an interesting issue.

Yodrak

Thanks a lot guys for your feedback!

Before I submitted my I-751, I looked online on the USCIS site and at one point it gives some clarifications about who "your children" are, which triggered my decision to list NONE. It's listed under a different application, not I-751, and it states that your biological and/or adopted children under 21 are considered "your children". Since we haven't processed the adoption papers yet and she is not my biological daughter, I decided to put NONE.

My question on this forum is a little late, since I already submmited the application, but I thought it's an interesting case which might help others.

Thanks a lot!

[Alchemist 0]

I can't remember where I've seen that definition. Sorry :-( I did find another one that is contrary to what I've thought. It can be found under the N-400 Application's Instructions, on the USCIS's website. According to that one, I should have listed her as a stepchild. In the same time, the N-400 is a totally different (more complex) application, it might not be applicable.

I just hope it will not be an issue against my marriage, if ever called for an interview. As somebody wrote before, it is consistent with my previous application, which I think it's a good thing.

Any thoughts help.

Thanks a lot again!

[Yodrak 7]

Alchemist,

I suspect that the 2 sets of instructions were likely written by different people at different times. And that to write a detailed set of instructions that cover every situation every applicant may have would result in a document so long and complex that no one would read it. In other words, I'm not surprised that there are differences in the instructions and the differences may not mean that different answers are required.

As I wrote in an earlier post in this thread, my sense is that most people do as you did and I don't recall seeing anyone report it as an issue. But that doesn't mean that you might not be the first.

Yodrak

I can't remember where I've seen that definition. Sorry :-( I did find another one that is contrary to what I've thought. It can be found under the N-400 Application's Instructions, on the USCIS's website. According to that one, I should have listed her as a stepchild. In the same time, the N-400 is a totally different (more complex) application, it might not be applicable.

I just hope it will not be an issue against my marriage, if ever called for an interview. As somebody wrote before, it is consistent with my previous application, which I think it's a good thing.

Any thoughts help.

Thanks a lot again!

[Alchemist 0]

Thanks a lot, Yodrak!

I'll keep you guys posted with what happened.

All the best! :-)

[BASIL 0]

If you live in California

If the parents were married when the child was born, the law usually considers the husband to be the father.

http://www.kinseylaw.com/clientserv2/famla.../parentage.html

so you may be considered the father depending on which state you live in.

[zyggy 9]

If you live in California

If the parents were married when the child was born, the law usually considers the husband to be the father.

http://www.kinseylaw.com/clientserv2/famla.../parentage.html

so you may be considered the father depending on which state you live in.

Actually.. that's the law in all common law jurisdictions....

You may not biologically be the father.. but you ARE the legal father. There may be situations where this would not be the case if one was legally separated at the time...

[Aussielad 37]

i would put "none"...reason being is that if you had to support it as evidence in the I-751 application,...you would therefore need a birthcertificate.

And if another name is on there,...then it wouldnt be right???