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starletth

tax transcripes or 1040

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HI everyone,

I am getting my package ready for filing 1-751..I had H&R block file my tax forms and i need to know if i should send my tax transcripes for 2005 and 2006 or is sending a copy of the 1040 forms and W2 forms good enought?

Also on part 5 where it says to list all children..my husband and I have a 2 year old son together so I know I would list him but would I list my daughter (my husband's stepdaughter)

And about sending pictures I was wondering if I should label these pictures on the paper that I copy them to or do you really send the actually pictures?

thanks for any assistance,Starr

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Filed: Timeline

starletth,

You are sending the tax information as evidence of a bona fide marriage, correct? You could use either the tax transcripts or the 1040 forms. No need for anything other than the 1040s as the purpose is not to document income, the purpose is to demonstrate co-mingled finances.

Yodrak

HI everyone,

I am getting my package ready for filing 1-751..I had H&R block file my tax forms and i need to know if i should send my tax transcripes for 2005 and 2006 or is sending a copy of the 1040 forms and W2 forms good enought?

.....

thanks for any assistance,Starr

Edited by Yodrak
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Filed: AOS (apr) Country: Philippines
Timeline
Also on part 5 where it says to list all children..my husband and I have a 2 year old son together so I know I would list him but would I list my daughter (my husband's stepdaughter)

You provided the answer in your question... I highlighted it for emphasis....

YMMV

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I am in the reverse situation, Hubby and I have a son together, so I obviously list him, but Hubby also has a son from a previous relationship (my stepson), I don't need to include him as well do I? I took the instructions as saying to include all of MY children...but I want to cinfirm this. I am almost ready to file...just a couple more weeks.

Melissa

**I am an Army wife, you may see me struggle, but you will NEVER see me fall**

Domsiggy-1.jpgHayleeSiggy.jpg

My timeline

K1 - TSC

10-07-2003 I-129f Sent

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02-23-2004 NOA 2

03-01-2004 NVC Rc'd

03-04-2004 NVC Left

03-09-2004 Consulate Rc'd

03-12-2004 Packet 3 Rc'd

03-29-2004 Packet 3 Sent

04-13-2004 Packet 4 Rc'd

04-23-2004 Interview...........Approved!

04-23-2004 VISA in hand

06-10-2004 US Entry

07-24-2004 Marriage

AOS - OKC

09-14-2004 I-485 Sent

10-01-2004 NOA

04-11-2005 Biometrics

09-13-2005 Interview..........Approved!

12-05-2005 Green Card Rc'd

Lifting Condition - TSC

09-13-2007 I-751 Sent

10-11-2007 Case transfered to CSC

10-18-2007 NOA

03-12-2007 Biometrics

03-31-2008 Card production ordered.........Approved!

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Filed: AOS (apr) Country: Philippines
Timeline
I am in the reverse situation, Hubby and I have a son together, so I obviously list him, but Hubby also has a son from a previous relationship (my stepson), I don't need to include him as well do I? I took the instructions as saying to include all of MY children...but I want to cinfirm this. I am almost ready to file...just a couple more weeks.

Yes, list all children of the applicant

YMMV

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That's just it!! I am the applicant. I will obviously list MY child, but do I need to list my stepchild as well? That is the question.

Thanx

Melissa

**I am an Army wife, you may see me struggle, but you will NEVER see me fall**

Domsiggy-1.jpgHayleeSiggy.jpg

My timeline

K1 - TSC

10-07-2003 I-129f Sent

10-10-2003 NOA 1

02-23-2004 NOA 2

03-01-2004 NVC Rc'd

03-04-2004 NVC Left

03-09-2004 Consulate Rc'd

03-12-2004 Packet 3 Rc'd

03-29-2004 Packet 3 Sent

04-13-2004 Packet 4 Rc'd

04-23-2004 Interview...........Approved!

04-23-2004 VISA in hand

06-10-2004 US Entry

07-24-2004 Marriage

AOS - OKC

09-14-2004 I-485 Sent

10-01-2004 NOA

04-11-2005 Biometrics

09-13-2005 Interview..........Approved!

12-05-2005 Green Card Rc'd

Lifting Condition - TSC

09-13-2007 I-751 Sent

10-11-2007 Case transfered to CSC

10-18-2007 NOA

03-12-2007 Biometrics

03-31-2008 Card production ordered.........Approved!

04-07-2008 Card Rc'd

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Filed: AOS (apr) Country: Philippines
Timeline
That's just it!! I am the applicant. I will obviously list MY child, but do I need to list my stepchild as well? That is the question.

Thanx

biological

YMMV

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Canuck78,

My wife listed her stepchildren (my children), but my sense is that most people don't.

(Actually, you are in the same situation, not the reverse situation. The mistake is understandable, I was confused for a while also.)

Yodrak

I am in the reverse situation, Hubby and I have a son together, so I obviously list him, but Hubby also has a son from a previous relationship (my stepson), I don't need to include him as well do I? I took the instructions as saying to include all of MY children...but I want to cinfirm this. I am almost ready to file...just a couple more weeks.

fwaguy,

Where did you find that qualifier? The only qualifier I can find is the one that you pointed out previously - "all".

Yodrak

That's just it!! I am the applicant. I will obviously list MY child, but do I need to list my stepchild as well? That is the question.

Thanx

biological

Edited by Yodrak
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Filed: AOS (apr) Country: Philippines
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fwaguy,

Where did you find that qualifier? The only qualifier I can find is the one that you pointed out previously - "all".

Yodrak

Is the term step child a legally binding term? Or is it more morally or socially accepted term? IOW, if my future wife were to die or we were to divorce and I had never "legally" adopted her child, do I have a legal obligation to the child? I realise however, I may have a moral obligation.

YMMV

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fwaguy,

I don't see all of that analysis factoring into the simple directive, "list all your children".

If we are to analyze, my analysis is this - as a US citizen I can petition for my wife's children, my stepchildren, as my own children. The INA defines the condition under which my stepchildren - in the normal sense of the word - qualify as my children for immigration purposes. (The marriage that creates the stepchild relationship must take place before the child reaches the age of 18.)

If her children are my stepchildren, and for immigration purposes are considered to be my children, then why would the reverse not also be true?

If you don't agree with my analysis, or even if you do, have a look at this thread in which two attorneys discuss the issue. See in particular post #4, but also #12 - "the error is in the "no harm, no foul" variety"

Yodrak

fwaguy,

Where did you find that qualifier? The only qualifier I can find is the one that you pointed out previously - "all".

Yodrak

Is the term step child a legally binding term? Or is it more morally or socially accepted term? IOW, if my future wife were to die or we were to divorce and I had never "legally" adopted her child, do I have a legal obligation to the child? I realise however, I may have a moral obligation.

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Filed: AOS (apr) Country: Philippines
Timeline
fwaguy,

I don't see all of that analysis factoring into the simple directive, "list all your children".

If we are to analyze, my analysis is this - as a US citizen I can petition for my wife's children, my stepchildren, as my own children. The INA defines the condition under which my stepchildren - in the normal sense of the word - qualify as my children for immigration purposes. (The marriage that creates the stepchild relationship must take place before the child reaches the age of 18.)

If her children are my stepchildren, and for immigration purposes are considered to be my children, then why would the reverse not also be true?

If you don't agree with my analysis, or even if you do, have a look at this thread in which two attorneys discuss the issue. See in particular post #4, but also #12 - "the error is in the "no harm, no foul" variety"

Yodrak

I don't agree or disagree but I am simply offering up some discussion points... Trying to decipher if the term "all YOUR children" is defined and/or requires a "deeper dive".

I do not disagree that including your stepchildren is a "no harm no foul" situation. However, when I prepare my SO's documentation, and where it says list all her children, I will list her children (hers and ours), but I will have no heartburn when not listing MY children. YMMV

YMMV

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fwaguy,

The point being made by the attorney was that not including (omitting) the stepchildren is no harm no foul. So I agree that you need not suffer any heartburn.

Yodrak

.....

I do not disagree that including your stepchildren is a "no harm no foul" situation. However, when I prepare my SO's documentation, and where it says list all her children, I will list her children (hers and ours), but I will have no heartburn when not listing MY children. YMMV

Edited by Yodrak
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