ROC form - list all children

[MadisonJax 0]

My husband has a child from previous marriage. That child is living with the ex wife and my husband pays child support. Should I list the child ( which is considered to be my stepson)?

Thank you in advance for your response.

[MadisonJax 0]

My husband is the USC and I am the one applying to remove conditions.

[Sirliner 26]

No. From what you say, the ex-wife has custody of the child. The legal definition of a stepparent is "the person who is married to a person who has custody of a minor child". Therefore, he would not be considered your stepson.

[KayDeeCee 4,893]

My husband has a child from previous marriage. That child is living with the ex wife and my husband pays child support. Should I list the child ( which is considered to be my stepson)?

Thank you in advance for your response.

You can because there is a question for each child listed that asks if they are applying with you and you check No. Some have listed all children, including stepchildren and some have not. It seems to be fine either way.

No. From what you say, the ex-wife has custody of the child. The legal definition of a stepparent is "the person who is married to a person who has custody of a minor child". Therefore, he would not be considered your stepson.

Where did you get that definition of a stepparent? That is not the actual definition. A stepchild is simply the child of your spouse from a previous relationship. It is not based on who has custody of said child. The child is the OP's stepson because she married the child's father.

Edited April 13, 2014 by Jay-Kay

[Sirliner 26]

You can because there is a question for each child listed that asks if they are applying with you and you check No. Some have listed all children, including stepchildren and some have not. It seems to be fine either way.

Where did you get that definition of a stepparent? That is not the actual definition. A stepchild is simply the child of your spouse from a previous relationship. It is not based on who has custody of said child. The child is the OP's stepson because she married the child's father.

It came from USlegal.com, definitions. And on NoloLaw.com, as well. Don't like that definition? Fine. Then you won't like this one, either. The legal definition of a stepchild is "a child born to your spouse before your marriage whom you have not legally adopted".

Been there, done that.

[QueenComley 295]

No. From what you say, the ex-wife has custody of the child. The legal definition of a stepparent is "the person who is married to a person who has custody of a minor child". Therefore, he would not be considered your stepson.

I have my step-children Fri-sun every other weekend, and 50/50 of all school breaks. Regardless of where or who a child spends the majority of their time, I can assure you I am very much their step-mother.

I find your comment very insulting to both myself and all the other VJ members who have step-children they love, nurture and care for.

[KayDeeCee 4,893]

It came from USlegal.com, definitions. And on NoloLaw.com, as well. Don't like that definition? Fine. Then you won't like this one, either. The legal definition of a stepchild is "a child born to your spouse before your marriage whom you have not legally adopted".

Been there, done that.

That definition is correct. Why would I not like it? A stepchild is in fact a child of your spouse from a previous relationship that you have not adopted. If you adopted them, then they would not be a stepchild. They would then legally be your child.

My children are my husband's stepchildren. He loves them like his own, no matter the 'step' in front of children. They are simply not his biological children and he has not adopted them. We listed them on our joint application for him to remove conditions, and one does not live with us. We had evidence to provide that included them too, such as being listed as beneficiaries on insurances and my husband being listed as a parent on our(yes our) daughter's financial papers for school. Listing them and providing evidence that you have a genuine marriage and live as a family unit makes sense for ROC.

As I posted to the OP above though, some have listed their stepchildren and some have not. It seems to be fine either way for ROC. If and when it comes time to file for US citizenship, then that form has you again list all your children, and it is explained in the instructions for that form that they really do mean ALL your children, including stepchildren.

[QueenComley 295]

That definition is correct. Why would I not like it? A stepchild is in fact a child of your spouse from a previous relationship that you have not adopted. If you adopted them, then they would not be a stepchild. They would then legally be your child.

My children are my husband's stepchildren. He loves them like his own, no matter the 'step' in front of children. They are simply not his biological children and he has not adopted them. We listed them on our joint application for him to remove conditions, and one does not live with us. We had evidence to provide that included them too, such as being listed as beneficiaries on insurances and my husband being listed as a parent on our(yes our) daughter's financial papers for school. Listing them and providing evidence that you have a genuine marriage and live as a family unit makes sense for ROC.

As I posted to the OP above though, some have listed their stepchildren and some have not. It seems to be fine either way for ROC. If and when it comes time to file for US citizenship, then that form has you again list all your children, and it is explained in the instructions for that form that they really do mean ALL your children, including stepchildren.

Jay-Kay

I remember when I filed AOS I listed my step-children, their dates of birth and included their birth certificates, so I wonder if this needs to be done during ROC also?

During my AOS interview the IO asked if I had any children and I simply replied "yes, a step-daughter and a step-son". I was never questioned further. I was certainly never informed that because my husband does not have full custody I am not recognized as a step-parent.

And despite me and my husband not having full custody, my step-kids biological mother registered me at my step-kids school as their step-mother and as an emergency contact.

I loved the first line of your second paragraph describing the lovely relationship your husband has with his step-children. Its a precious thing. My step-children are my heart and soul. They are little extensions of my husband and are therefore loved as he is loved.

[KayDeeCee 4,893]

Jay-Kay

I remember when I filed AOS I listed my step-children, their dates of birth and included their birth certificates, so I wonder if this needs to be done during ROC also?

During my AOS interview the IO asked if I had any children and I simply replied "yes, a step-daughter and a step-son". I was never questioned further. I was certainly never informed that because my husband does not have full custody I am not recognized as a step-parent.

And despite me and my husband not having full custody, my step-kids biological mother registered me at my step-kids school as their step-mother and as an emergency contact.

I loved the first line of your second paragraph describing the lovely relationship your husband has with his step-children. Its a precious thing. My step-children are my heart and soul. They are little extensions of my husband and are therefore loved as he is loved.

So true. My children are the only children my husband and I will ever have. There is that saying that blood is thicker than water, but sometimes family has nothing do with who is your blood.

As far as ROC goes, I would list your stepchildren and just mark No, they do not live with you and No, they are not applying with you. Provide evidence that has to do with them, like proof that you are listed as their stepmother and emergency contact for school. That is good evidence for ROC to show you have a valid marriage.

[QueenComley 295]

So true. My children are the only children my husband and I will ever have. There is that saying that blood is thicker than water, but sometimes family has nothing do with who is your blood.

As far as ROC goes, I would list your stepchildren and just mark No, they do not live with you and No, they are not applying with you. Provide evidence that has to do with them, like proof that you are listed as their stepmother and emergency contact for school. That is good evidence for ROC to show you have a valid marriage.

My step-children are the only children me and my husband will have together also, so we are in the same boat as you. But its a wonderful boat to be in.

I actually had the school type a letter for my AOS interview confirming I am registered as the step-mother and an emergency contact at the children's school. The IO was really impressed when I handed her the letter.

Good luck with everything

[NickD 202]

Part 4 says, list ALL of your children, yours, both of yours, adopted, step.

In reality, only the children that came with you with also conditional green cards are important to the USCIS and also to you, they also need their ten year cards.

It's the same with the N-400, but in this case, only interested in the children that came with you that are still under the age of 18 where they will automatically become US citizens when you do, but without any proof of this. Want an extra 600 bucks for each kid and another at least six month wait.

Form says, list All of your children and you will do this if you want to fill the form out correctly. If you don't and they find out, can be cause for rejection. As simple as this.

[Ontarkie 14,143]

~~One post removed for personal attack,2 post quoting also removed-when posting in non regional forums all replies/post must be in English~~

[QueenComley 295]

~~One post removed for personal attack,2 post quoting also removed-when posting in non regional forums all replies/post must be in English~~

Thank you

[MadisonJax 0]

Thank you guys for all your input. Hoping to send my ROC package tomorrow.

[Peanuts 1]

I filed my AOS and ROC without listing all my stepchildren. They are over 21 years old. The youngest is 22 and he is listed in our health insurance (and attending college)that I submitted to USCIS. I got approved yesterday without interview.