I-751 Part 5. Information about your kids - question

[Loving_girl 38]

Hello guys,

I already tried to ask this question in one of combined topics and noone answered or perhaps knew the answer..... so second try (finger crossed )

In Part 5. of I-751 Information about your kids ..... - is this about kids born in marriage/kids applying with the parent OR is this regarding stepchildren too?

My husband has a child, but we do not have kids together.....do I have to put stepchild or not?

Appreciate the answers!

[maria betances 42]

Hello guys,

I already tried to ask this question in one of combined topics and noone answered or perhaps knew the answer..... so second try (finger crossed )

In Part 5. of I-751 Information about your kids ..... - is this about kids born in marriage/kids applying with the parent OR is this regarding stepchildren too?

My husband has a child, but we do not have kids together.....do I have to put stepchild or not?

Appreciate the answers!

I FIND THIS ON GOOGLE HOPEFULLY IT WILL HELP YOU.

Part 5: If you have children, Question 5 asks if they are “applying with you.” That means did they get two-year conditional green cards at the same or within 90 days of when you did (based on being your child)? If so, it’s important to check the “yes” box—your children won’t need to file their own I-751.

[Cheezees 1,514]

If it is a joint petition, include ALL children of the couple. Then check all of those that would not be applying with you (US citizen stepchildren, US citizen biological children, children who did not receive their GCs within 90 days of yours, etc.) Good luck!

[Loving_girl 38]

I FIND THIS ON GOOGLE HOPEFULLY IT WILL HELP YOU.

Part 5: If you have children, Question 5 asks if they are “applying with you.” That means did they get two-year conditional green cards at the same or within 90 days of when you did (based on being your child)? If so, it’s important to check the “yes” box—your children won’t need to file their own I-751.

So it's related to the children that are in the process of immigration than.....

Than in my case it's a NO Thank you, mariabetances!

If it is a joint petition, include ALL children of the couple. Then check all of those that would not be applying with you (US citizen stepchildren, US citizen biological children, children who did not receive their GCs within 90 days of yours, etc.) Good luck!

In this case a US Citizen child (my hubbys) should not be indicated?!

It's a hot mess when it comes to tricky questions like that

[Cheezees 1,514]

You list all the children, hubby's and yours whether or not they are immigrating, but make sure check the box indicating that they are not. This was told to me by an immigration officer. Good luck!

[HunnyBunny 9]

I filledin both my son's names... step son n my son. My step son lives with us so I chose that option & gave our address. My son lives in India so I gave his address in India. Hope this helps.

quote name="Loving_girl" post="8348990" timestamp="1476821659"]

Hello guys,

I already tried to ask this question in one of combined topics and noone answered or perhaps knew the answer..... so second try (finger crossed )

In Part 5. of I-751 Information about your kids ..... - is this about kids born in marriage/kids applying with the parent OR is this regarding stepchildren too?

My husband has a child, but we do not have kids together.....do I have to put stepchild or not?

Appreciate the answers!

[LoveAlways2 90]

OMG!

I thought it was the children from the marriage! I did not include my stepsons in there! I hope i do not run into any problems. I did include pictures of the four of us together as evidence, many of them...

[Loving_girl 38]

Thank you all for the answers! Those who included stepchildren, did you receive RFE for bio fee? (i've been researching this topic over here and other sources) and conclusions were: 1. some who included stepkids got RFEs for bio fee. (though kids were USC) 2. some sources that part is regarding kids who need to remove condition under parent's marriage (so was I thinking). 3. some cases who did include stepkids provided papers that they are USC and were just fine.

So, go and guess on all of it! I am heading today to the USCIS field office, will ask them that question too and see what they say.....

[N-o-l-a 7,167]

You only have to list the legal and biological children of the person applying to remove conditions on his or her greencard. Some people also list step-children, but this is unnecessary.

[Loving_girl 38]

Thanks all for the answers!

After visiting USCIS field office and asking them directly the same question, the answer was, at first: It's kids that are applying to remove conditions and/or are born in the marriage. (After I said my husband has a kid but it's my stepkid) The answer was switched into: Well, than you can mention the kid and just say it's your stepkid.

Conclusion: seems like this form is "self-explanatory" meaning you do it as you understand it ..... with what I strongly disagree, since there should be a straight forward explanation to each part in the form and they should "word it better".

[KayDeeCee 4,893]

The only mention I have seen about someone getting an RFE for a bio fee for a USC child was many years ago. The form back then did not have the question asking if the child was applying with you or not. They updated the form to include that part, probably to fix that confusion.

As to getting an RFE for not including stepchildren, no, you won't. You should list ALL your children, and you will do so when and if you file for US citizenship, BUT it seems to work fine either way for the I-751.

[Loving_girl 38]

The only mention I have seen about someone getting an RFE for a bio fee for a USC child was many years ago. The form back then did not have the question asking if the child was applying with you or not. They updated the form to include that part, probably to fix that confusion.

As to getting an RFE for not including stepchildren, no, you won't. You should list ALL your children, and you will do so when and if you file for US citizenship, BUT it seems to work fine either way for the I-751.

Thanks for the reply! That question was bugging me for a while, since it's my stepkid and i am not a legal custodian, also the stepkid is in our joint tax papers....so it's a bit of a doubt how to put it in there.

What through me off was the super unclear answer in the field office, it gives a perception that everyone just fills papers as they understand them...

[Musicsaves 64]

On 10/19/2016 at 10:24 AM, LoveAlways2 said:

OMG!

I thought it was the children from the marriage! I did not include my stepsons in there! I hope i do not run into any problems. I did include pictures of the four of us together as evidence, many of them...

Can you tell me how thus worked out for you? We just sent i751 and did not include my US citizen daughter on my husband's form and I'm freaking out 😭😣

[Musicsaves 64]

On 10/20/2016 at 11:45 AM, Loving_girl said:

Thanks for the reply! That question was bugging me for a while, since it's my stepkid and i am not a legal custodian, also the stepkid is in our joint tax papers....so it's a bit of a doubt how to put it in there.

What through me off was the super unclear answer in the field office, it gives a perception that everyone just fills papers as they understand them...

Ok now I see your reply. I hope it works out for us as well...this is many years after your situation 🤞

[Emnedi 0]

On 6/22/2021 at 8:22 AM, Musicsaves said:

Can you tell me how thus worked out for you? We just sent i751 and did not include my US citizen daughter on my husband's form and I'm freaking out 😭😣

Hello, can you tell me if you had any problem with this.
We are filling this our and. So I have to remove my condition, but I do not know/understand if I have to listed my kids, since they became US citizens automatically because they are children of a U.S. citizen (My husband)