I-751 children, include them or not? Part 5.

[kamas 2]

Part 5 for the I-751 form says "Provide information on all of your children.". The instructions for this say : ". 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."

Me and my spouse have ONE child that is born in USA , therefore is American and does NOT need conditions on their status be removed.

So the question is this: Do I put this child on the I-751 form or not? I have read lots of confusing posts on this, some people say yes, some say no.

[Georgia16 2,858]

I would say no from what you have posted. The child don't need ROC now or ever since he/she is american

[Cheezees 1,514]

Yes, then check the box that states they are not applying with you.

[EM_Vandaveer 2,408]

From the form itself: "Part 5. Information About Your Children

Provide information on all of your children. If you need extra space to complete this section, use the space provided in

Part 11. Additional Information."

ALL YOUR CHILDREN. List your USC child & check "no" to "applying with you?"

Don't forget to include your child's birth certificate with your bona fide evidence.

[Georgia16 2,858]

From the form itself: "Part 5. Information About Your Children

Provide information on all of your children. If you need extra space to complete this section, use the space provided in

Part 11. Additional Information."

ALL YOUR CHILDREN. List your USC child & check "no" to "applying with you?"

Don't forget to include your child's birth certificate with your bona fide evidence.

I must be reading this part all wrong then:

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."

From OP's quote. If he check the box with the not applying with you doesn't it just seem like there is a child who will apply later? (Asking since I'm confused)

[EM_Vandaveer 2,408]

No, I guarantee they won't think the child will be applying later. Also, the child's birth certificate will be among the evidence, making it clear the child is a USC. Also, putting N/A or none to the A-number confirms this.

When I did my ROC I included my USC son (my only child at the time) & did not encounter any problems.

The form clearly states "all your children", not just those who have to do ROC.

Lawyers' opinions:

https://www.avvo.com/legal-answers/in-part-4-of-the-form-i-751--should-i-list-my-us-c-1457090.html

Edited April 19, 2016 by EM_Vandaveer

[Cheezees 1,514]

The section does not state "if you have dependent children....then fill out this section etc. Straight from an IO's mouth: "All children of the couple should be listed".

[EM_Vandaveer 2,408]

Never mind.

Edited April 21, 2016 by EM_Vandaveer

[NikLR 13,227]

Yes you list all your children and check they are not applying. I have listed my daughter on EVERY form as required even though she has not immigrated to the USA.