I-751 Removing Condition - Question on Part 5 Children

[Laz 1]

Hi,

We're about to submit the I-751 to remove my wife's condition from her Permanent Resident Card. On part 5 of the application it instructs to add all your children.

My question, since none of our children will be on the form to remove their conditions from their Permanent Resident card, do I still need to add them?

One child (18) got his Permanent Resident with condition over a year after my wife got hers, so I know he's has to go separately. The other child (23) still lives in the Philippines and does not have a Permanent Resident card.

Thanks,

laz

[teeak 224]

Yes, it is all children.

Just check off 'No' for the question asking about applying with you. If they also don't live with you, then check off no as well.

[Laz 1]

Thanks. One more question on my son's conditional permanent resident card.

My wife got her conditional permanent resident card on July 22, 2014.

I petition her son (my step son) and he got his permanent resident card on Nov 10, 2015, and because his mom still had a condition on her card, they added it to his.

My question, do I have to wait 90 days before Nov 10, 2017 to remove his condition or can I do it on a separate I-751 now? My thought, if she no longer has it on her, why should his?

Thanks

Laz

[Hank_ 9,174]

Hi,

We're about to submit the I-751 to remove my wife's condition from her Permanent Resident Card. On part 5 of the application it instructs to add all your children.

My question, since none of our children will be on the form to remove their conditions from their Permanent Resident card, do I still need to add them?

One child (18) got his Permanent Resident with condition over a year after my wife got hers, so I know he's has to go separately. The other child (23) still lives in the Philippines and does not have a Permanent Resident card.

Thanks,

laz

https://www.uscis.gov/i-751

Read the instructions, 1st paragraph under WHO MAY FILE makes note regarding children. Child did NOT get their green card within 90 days of the parent so - you do NOT list them.

https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

[teeak 224]

If you read the instructions then it says that:

"If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed."

https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

[Hank_ 9,174]

Thanks. One more question on my son's conditional permanent resident card.

My wife got her conditional permanent resident card on July 22, 2014.

I petition her son (my step son) and he got his permanent resident card on Nov 10, 2015, and because his mom still had a condition on her card, they added it to his.

My question, do I have to wait 90 days before Nov 10, 2017 to remove his condition or can I do it on a separate I-751 now? My thought, if she no longer has it on her, why should his?

Thanks

Laz

You must wait until 90 days before his expiration date to file the I-751 for the son.

[teeak 224]

https://www.uscis.gov/i-751

Read the instructions, 1st paragraph under WHO MAY FILE makes note regarding children. Child did NOT get their green card within 90 days of the parent so - you do NOT list them.

https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

I've seen both arguments since the form says to "provide information on all your children". Whether or not they are filing with the parent can be discerned by checking off "Is the child applying with you?".

[Greenbaum 12,259]

Look at your sons green card. 90 days prior to HIS expiration you file his ROC.

[Laz 1]

You must wait until 90 days before his expiration date to file the I-751 for the son.

ok, thanks!!

[Hank_ 9,174]

I've seen both arguments since the form says to "provide information on all your children". Whether or not they are filing with the parent can be discerned by checking off "Is the child applying with you?".

Really?!! Best read the I-751 instructions WHO MAY FILE slower. There are only arguments among those that DON'T - follow the instructions from USCIS.

https://www.uscis.gov/i-751

[Laz 1]

Yes, this is what is says. It just does not say not to add them to Part 5 if they're not applying with you. This is what is so confusing because Part 5 says to add all your children. Am I ok leaving them off then?

Instructions on I-751:

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 5. of Form I-751 in order to request that the conditions on their status be removed as well. If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed.

[teeak 224]

There is a difference between "Who may file" and listing all children. The instructions only explain who may file. The children won't be filing but, it doesn't say anything against not listing them on the form. It's clear anyways since they have the question "Is this child applying with you?". Obviously, checking off "No" means that they're not filing.

Edited April 19, 2016 by teeak

[Greenbaum 12,259]

My children gc expires 123 days after their mother. I did not include them on her 751. No issue yet.

[Hank_ 9,174]

Nothing confusing there, just a matter of looking at when the child was issued their green card; child didn't get their green card within 90 days of the parent - do not list.

[Laz 1]

It looks like a couple of folks did not include their children who were not applying at the same time and they had no issue. I'll just leave it blank for now. thanks everyone!!