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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

My wife and stepdaughter's  i-751 is at the Potomac Service Center now.  My stepson came to the United States 5 month after his mother, so he will be filing separately.  The i-751 instruction state - 

 

"If you are a child filing separately from your parent, submit a full explanation as to why you are filing separately, along with copies of any supporting documentation." 

 

His "full explanation" is that he was uncertain about immigrating until the day we said good-bye.  We then had to make arrangements, schedule the follow-to-join interview at the consulate, and wait for my wife to get advance parole before bringing him to the U.S.  Does USCIS want that story in a letter, or a simple statement saying, "I, SON's NAME / A NUMBER, am applying to remove conditions separately from my mother, MOTHER'S NAME / A NUMBER,  because I immigrated to the United States 5 months after my mother and, therefore, was ineligible to be included as a dependent on her i-751 application."

 

Also, what supporting documentation are the instructions referring to?  Do I supply evidence of a relationship between me and my stepson or do I resend the documents proving a relationship between me and his mother along with a birth certificate proving the mother-child relationship?  I can provide school records (showing our shared address) and health insurance records, along with some travel records (boarding passes from family trips) and family photos, but certainly not the evidence of co-mingled finances, utility bills, and legal documents mentioned in the i-751 instruction.

 

Thanks - Jason

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Jason;

While I don't have experience in this situation, I would probably include both documents of your relationship with him and also the mother-child relationship. Sometimes as you know its better to front load with documentation and a well written letter explaining what happened, rather than get an RFE later for something. Good luck with it and let us know the outcome.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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