Part 4 of the I-751 form

[rjgacek 6]

Part 4 - INFORMATION ABOUT YOUR CHILDREN. I am not sure if this is pertaining to me, I am the U.S. Citizen, or my wife who is applying for the Removal of Conditions. I went on line and I copied and pasted what I found here on this topic. But I am still confused. If they want my wife's childrens information, who are all adults, from 19 years old up to 33 years old, do we still put this information down?? If they are asking for my children's information, I am the U.S. Citizen, why would they want my childrens information for whom are all adults of course from 39, up to 48 years of age.

Please help. I completed the I-751 already, but I left the list of childrens information in Part 4 empty, not knowing who's childrens info they are requesting, of course , we petitioning for any of my wife's childrens with the removal of conditions, we are only filing the Removal for my wife. Again, please help.

Thank you

If you received your U.S. residency based on marriage to a U.S. citizen, but because of the recency of the marriage you were given conditional, rather than permanent residence (with a two-year expiration date), then you will need to fill out and submit USCIS Form I-751 to convert your conditional residency to permanent residency. See "Marriage-Based Conditional Residents: When and How to Apply for a Permanent Green Card" for details on the background of who needs to file and why.

Assuming you are eligible and ready to file the I-751 -- and you are still married and your U.S. spouse is cooperating with the process -- here is how to fill out the form. (If your spouse will not or cannot sign onto the form, see "What If Your U.S. Spouse Won't Sign the Joint Petition I-751?" for your next options.)

Form I-751 is available on the I-751 page of the USCIS website (www.uscis.gov).

Part 1, “Information about you”: This refers to the immigrating spouse. The rest of this Part should be self-explanatory.

Part 2: If you are still married and the U.S. spouse is cooperating with the process of applying for your permanent residency, put an “X” in Box a.

Part 3: Mostly self-explanatory. You will probably know if you are in “removal or deportation proceedings.” You would be in this situation if you had been convicted of a crime, given USCIS reason to believe that your marriage is fraudulent, or done something else to make you deportable. If you are in court proceedings, you should already have a lawyer, who should help you with this petition as well.

If you check “yes” to the question about whether a fee was “paid to anyone other than an attorney in connection with this petition,” you have not done anything wrong, but that person needs to enter his or her name and other information.

Part 4: This Part refers to the petitioning spouse, not the immigrant. Self-explanatory.

AGAIN, THIS IS THE INFORMATION I FOUND. I DONT KNOW IF THIS INFORMATION IS CORRECT OR INCORRECT. Again please help

Edited September 10, 2015 by rjgacek

[Cheezees 1,514]

Someone else asked this same question 45 minutes ago. Check it out here.

[rjgacek 6]

Someone else asked this same question 45 minutes ago. Check it out here.

Sorry, still a big void here in this question. The statement says Part 4 is asking of the petitioners children , not the immigrant, who is my wife applying for the Removal of conditions. I am born american and my 3 adult children are born americans, it is my wife, who is the immigrant and filing for the Removal of Conditions, again, please, are they requesting all my children and my wife's childrens information?? I truly want to get this right so my I-751 is not sent back to me considered incomplete or insufficient information

I was hoping this was a simple question, but getting various answers on line. Maybe to be safe I should list all my 3 children and my immigrant wife's children, then check the box "No" where it asks is the child applying with you.

Hopefully, my responses are consistant. The post you said someone else just posted I read it and this persons child is not a citizen and not in the U.S.

Thank you again

[Cheezees 1,514]

Whether the children are in or out of the US is irrelevant. Remember this is a JOINT application. List all children (adult or otherwise, US citizens or otherwise) of the couple and check the box that states they will not be applying to remove conditions with her. Good luck!

[rjgacek 6]

Sorry, still a big void here in this question. The statement says Part 4 is asking of the petitioners children , not the immigrant, who is my wife applying for the Removal of conditions. I am born american and my 3 adult children are born americans, it is my wife, who is the immigrant and filing for the Removal of Conditions, again, please, are they requesting all my children and my wife's childrens information?? I truly want to get this right so my I-751 is not sent back to me considered incomplete or insufficient information

I was hoping this was a simple question, but getting various answers on line. Maybe to be safe I should list all my 3 children and my immigrant wife's children, then check the box "No" where it asks is the child applying with you.

Hopefully, my responses are consistant. The post you said someone else just posted I read it and this persons child is not a citizen and not in the U.S.

Thank you again

Posted 16 May 2013 - 12:48 PM

You only include the children that are also getting their condition being removed along with you - kind of joint application possible only if the child entered US within 90 days of the immigrant parent.

In your case you should not include your citizen child. IS STATEMENT CORRECT? REGARDING PART 4 OF THE I-751 FORM. IT IS ONLY MY WIFE APPLYING FOR REMOVAL OF CONDITIONS, NO CHILDREN INVOLVED IN THIS. GETTING A LOT OF CONFLICTING INFORMATION. PLEASE HELP

[Cheezees 1,514]

If there were children who would be included in the application (1 application fee but multiple biometric fees), they would be "included" in the application as well as listed. However, the immigration officer that I spoke with specified that ALL children of the couple should be listed and then next to any of those who are not applying for the removal of conditions (US citizen children, children who entered after 90 days, children who live abroad, etc.), you should check the box that says they are not applying with you.

[rjgacek 6]

If there were children who would be included in the application (1 application fee but multiple biometric fees), they would be "included" in the application as well as listed. However, the immigration officer that I spoke with specified that ALL children of the couple should be listed and then next to any of those who are not applying for the removal of conditions (US citizen children, children who entered after 90 days, children who live abroad, etc.), you should check the box that says they are not applying with you.

Thanks again Cheezees, one more time I will paste the conversation I had with this unknown Immigration attorney. Unfortunately, his answer and other answers I am getting on the forum are just not consistant. I have time yet to complete the I-751 form, so I will try my best to get a strong and convincing answer, Again, I am not doubting your answer, but, still very confused with the uncertainty of some answers to this question, including the advice from the Immigration attorney, again here is the paste on the answer the attorney gave me on Part 4 of the I-751 form. Thanks again

The instructions state clearly: "If you have dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the names and Alien Registration Numbers (A-Numbers) of these children in Part 4 of this form in order to request that the conditions on their status be removed as well."

Since the children are 1) not dependents, and 2) did not acquire conditional resident status with their mother, none of them should be included.

Sometimes, it is best not to take message boards too seriously. Those people are not necessarily experts and/or attorneys. They are most often regular people who are talking about their experiences, and may or may not provide all of the details or nuances that may be present in their case.

The I-751 instructions should be followed carefully, and based on those, she does not include any children. That Part is just for those children who are dependent and also acquired conditional resident status, none of which happened in this case.

[Cheezees 1,514]

This is the same question I had for the immigration officer I spoke with. She claimed that they specify the "under 90 days" versus "over 90 days" rule to differentiate between dependent children who can be included in 1 application (thus paying 1 application fee but more than 1 biometric fee) versus those who need a separate application (and separate application fees).

However, she did specify that when listing children, ALL between the couple should be listed and you check the appropriate boxes. When I asked, "Well what about step-children?", she said "list them". When I asked, "Well what if we had a baby who was born in the US?", she said "list them, leave the Alien Number blank as they do not have one, and check that they live with you but will not be applying with you."

I thought this was so unclear and poorly worded on the instruction form and the actual form. Why would you give info only about the dependent children in reference to Part 4. and then in Part 4. say to list ALL children, which to them means dependent or not, your US spouse's or not, but without explicitly stating that.

Such is USCIS....

[rjgacek 6]

This is the same question I had for the immigration officer I spoke with. She claimed that they specify the "under 90 days" versus "over 90 days" rule to differentiate between dependent children who can be included in 1 application (thus paying 1 application fee but more than 1 biometric fee) versus those who need a separate application (and separate application fees).

However, she did specify that when listing children, ALL between the couple should be listed and you check the appropriate boxes. When I asked, "Well what about step-children?", she said "list them". When I asked, "Well what if we had a baby who was born in the US?", she said "list them, leave the Alien Number blank as they do not have one, and check that they live with you but will not be applying with you."

I thought this was so unclear and poorly worded on the instruction form and the actual form. Why would you give info only about the dependent children in reference to Part 4. and then in Part 4. say to list ALL children, which to them means dependent or not, your US spouse's or not, but without explicitly stating that.

Such is USCIS....

Okay then, do you suggest to list my 3 grown children, and her grown 4 children. Three of her children reside in Japan, her oldest resides in the Philippines, just to be safe, and then of course I will have to attach a separate sheet. Also Cheezees, my grown children are 37, 41 and 48 years old. When we divorced I had no contact with them at all. The last time I seen them they were 3 , and 6 years old. I know the City and States all three live in, but I do not have addresses where they live. Again, I have never been in contact with them since 1977. I know their birthdates, but no addresses, they have not wanted contact by me at all. So, how do I list addresses for them? My wifes childrens info is no problem, she has all that info. Again, thanks for your help. I am trying to avoid RFE's on my childrens info such as their addresses

[Cheezees 1,514]

According to her advice, I would list them but with your circumstance, it's impossible to fill out the form completely. An RFE would be such a headache over nothing. Maybe on the extra sheet you could include that their addresses are unknown. I'm sure they've seen this before and I highly doubt you will receive an RFE to provide unknown addresses that are not germane to the application.

[rjgacek 6]

According to her advice, I would list them but with your circumstance, it's impossible to fill out the form completely. An RFE would be such a headache over nothing. Maybe on the extra sheet you could include that their addresses are unknown. I'm sure they've seen this before and I highly doubt you will receive an RFE to provide unknown addresses that are not germane to the application.

Mucho Gracious Cheezees, thanks for the advice. You have been helpful Have a great night!!!

[KayDeeCee 4,896]

This has come up quite a few times over the years. It appears to not actually matter all that much whether or not you list the USC's children from previous relationships. Some people list them, as it states to list ALL children, and they get approved. Some people do not list them, and only list the biological children of the immigrant, and they also get approved. Either way seems to be fine and work.

It would be much better if the I-751 instructions laid it all out specifically, like it is for naturalization, where it states to list them ALL, biological or step, any age and whether they reside with you or not.

[Cheezees 1,514]

It would be much better if the I-751 instructions laid it all out specifically, like it is for naturalization, where it states to list them ALL, biological or step, any age and whether they reside with you or not.

Yeeeeeesssssss!!!!!!!

[rjgacek 6]

Yeeeeeesssssss!!!!!!!

Great advice from everyone, thank you kindly. I have decided just to list my wife's children (all adults of course), who all live in Japan. Maybe one more question on Part 4. Her 3 adult children are permanent residents in Japan. They have resident cards, not Alien numbers. My question, should I still list their resident card numbers. Their structure of the Resident card numbers are completely different from our A numbers. They have many more numbers along with Letters within the numbers, and of course they do not all fit in the box in the A number section, any advice????? Thanks

[Cheezees 1,514]

Great advice from everyone, thank you kindly. I have decided just to list my wife's children (all adults of course), who all live in Japan. Maybe one more question on Part 4. Her 3 adult children are permanent residents in Japan. They have resident cards, not Alien numbers. My question, should I still list their resident card numbers. Their structure of the Resident card numbers are completely different from our A numbers. They have many more numbers along with Letters within the numbers, and of course they do not all fit in the box in the A number section, any advice????? Thanks

The Alien numbers refer only to US Alien numbers. Their Japanese A numbers do not apply.