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Question re Part 5 on I-751

By Soup Dragon in Removing Conditions on Residency General Discussion

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Soup Dragon Enthusiast

Soup Dragon   104

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

Hello

 

I'm starting to put together my package and complete form I-751.

 

Regarding part 5 (information about your children), is this question still in relation to the US citizen spouse (continuing on from part 4) and concerning 'his' children or does it relate to 'any' children born to either of us?   My husband (the USC) has one child from his first marriage who lives with his mother in another country.  As well as having no children from our marriage, I have no biological children at all.  Do I need to list my husband's son on the form?

 

Thank you.

I'm from the UK, hubby is from Michigan and is a retired US Army LTC.   We are currently stationed overseas.

Here is our immigration journey so far....

10.26.13 - Our wedding in Scotland 

11.26.14 - Filed I-130 at US Consulate, Frankfurt (DCF)

11.18.14 - Returned to Scotland to renew our vows for our first wedding anniversary

01.08.15 - NOA2 received in snail mail, together with case number and Packet 3 instructions

02.15.15 - Submitted Packet 3

02.17.15 - Packet 4 received by email with instructions to schedule medical and interview

02.18.15 - Email authorisation received from Consulate to gain access to appointment calendar

03.03.15 - Medical

03.18.15 - Interview - Approved

03.21.15 - Visa in hand

06.10.15 - POE Chicago (final destination Detroit)

07.20.15 - Received SSN in mail

07.27.15 - Received 2 year green card in mail

The journey to ROC starts here...!

10.05.15 - Returned to Germany on government orders

05.25.17 - Mailed ROC package to California Service Centre

06.14.17 - Received NOA 1 (dated 05.30.17) in mail

09.05.18 - Received a second NOA (dated 08.11.18) in mail granting a further six months extension to green card due to 'processing delays'

11.26.18 - ROC - Approved

12.05.18 - Approval Notice I-797 received in mail

12.18.18 - 10 year green card received in mail

The journey to citizenship starts here...!

 

nightingalejules Proficient

nightingalejules   678

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted
6 hours ago, Sunflower18 said:

Hello

 

I'm starting to put together my package and complete form I-751.

 

Regarding part 5 (information about your children), is this question still in relation to the US citizen spouse (continuing on from part 4) and concerning 'his' children or does it relate to 'any' children born to either of us?   My husband (the USC) has one child from his first marriage who lives with his mother in another country.  As well as having no children from our marriage, I have no biological children at all.  Do I need to list my husband's son on the form?

 

Thank you.

 I think the question is using "your" to refer to you, the conditional resident. If that's the case you wouldn't need to put your husband's son on the form. But it could mean "your" collectively to mean you and your husband, in which case you would need to list the child, and check the boxes indicating that he doesn't live with you and is not applying for anything. So I see your dilemma. So here's my (totally not a lawyer) advice.

 

Put your husband's child on the form, checking that he doesn't live with you and is not applying with you. Then, in section 11 (the last page of the form, enter your information and then refer back to the page and section, and type in an explanation: "This is my spouse's (the USC) son, who does not live with us and is not applying for any benefits. I, the conditional resident, have no biological children."

 

That way, you're covered either way.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

 
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