ROC, child question.

[anly8872 25]

Hi VSJ's.

I am a US Citizen filling ROC for my wife. I have confused when filling I-751 form, in the children part. We have a son who is US CITIZEN at birth. My wife only had a child with me, so I put his name in the children part even he isn't applying for the ROC. I had a daughter, she is 20 years old with my previous marriage and is US Citizen also. Do we need to add her on the children part? The package already sent to USCIS without my daughter's name on children part. Is it the problem, or we will have RFE with that?

Thank you very much.

[Starkilla09 366]

Hi VSJ's.

I am a US Citizen filling ROC for my wife. I have confused when filling I-751 form, in the children part. We have a son who is US CITIZEN at birth. My wife only had a child with me, so I put his name in the children part even he isn't applying for the ROC. I had a daughter, she is 20 years old with my previous marriage and is US Citizen also. Do we need to add her on the children part? The package already sent to USCIS without my daughter's name on children part. Is it the problem, or we will have RFE with that?

Thank you very much.

You were suppose to list all your children irrespective of their statuses, and select yes or no when asked if applying with you. In this case it would've been a "no" since they're U.S. citizens. RFE wise It's extremely unlikely you'll get one as result of this. Be sure to list all children when applying for naturalization in the future if you happen to. Edited September 13, 2016 by Starkilla09

[NikLR 13,232]

If your other child is not your wife's child then you do not need to list her. It's asking for the permanent resident's children.

[KCMO 84]

i agree with NikLR. The petitioner here is your wife. the conditional resident. so USCIS instructions to conditional resident to " list all of your children" means , list all the children that the conditional resident has had with her USC spouse or from conditional resident's previous marriage. it does not make any sense to list USC spouse's child from a previous marriage which has nothing to do (biologically) with the conditional resident.

Edited September 13, 2016 by Deepthi Allen

[Cheezees 1,514]

If your other child is not your wife's child then you do not need to list her. It's asking for the permanent resident's children.

This is not the advice I received from an IO. The IO said that ALL children of the couple should be listed if it is not a divorce waiver.

Edited September 14, 2016 by Cheezees

[KCMO 84]

now i am confused. i am the conditional resident. and my husaband is the us citizen. he has a daughter from a previous marriage . she does not live with us but visits us on every alternative weekends. i am the petitioner of i751. the questions are directed at me correct? so i understand why they are asking about kids ,they are asking if i have any in my current marriage? i thought i dont have to list my step daughter USC?

[KayDeeCee 4,896]

It does not ask for children from your current marriage, or biological children only. It asks you to list all children. If it is a joint filing and not a divorce waiver, then step kids would still be listed. You just mark No, they are not applying with you.

I doubt you would get an RFE though. People tend to be ok either listing them or not.

[KCMO 84]

Ok. After researching tons of vj posts related to this topic ,i finally found solution that works for me. intially i thought it makes sense to just list any children biological or adopted related to Conditional resident , but since people have mentioned about this being a joint petition, I have decided list my USC step child in Page 5 and in page 11 i will supply the additional information saying she is my ( conditonal resident's ) step child , she is my husband (USC's) biological USC child from his previous marriage who stays with us on every alternative weekends and one evening every week. this makes it very clear to who ever reads the form.

We are anyways submitting photos and other documentary evidence showing her as part of our family activities, so i guess with the explanation i have written in additional information page about her i it will even look good to list her.

sorry about typos . im typing from my phone.

Edited September 14, 2016 by Deepthi Allen