Listing stepkids on I751 Prt.5

[IsabelleFredrick 6]

I have 3 children, and my USCit husband has 3 children. We have no kids from this marriage, all kids are from previous marriages.
Which kids do I list in my form? Mine only? All kids? Only ones we made (none)? 

TIA

[Mike E 11,739]

10 minutes ago, IsabelleFredrick said:

I have 3 children, and my USCit husband has 3 children. We have no kids from this marriage, all kids are from previous marriages.
Which kids do I list in my form? Mine only? All kids? Only ones we made (none)? 

TIA

In our I-751 petition, despite me (USA citizen) having two kids form a previous  marriage, my wife (conditional LPR), has zero kids, so zero kids were listed.  The I-751 was filled out by our immigration attorney and so I believe that is correct.  

[Dashinka 24,492]

I agree, the I751 is a bit ambiguous for this section, it seems some list step-children and some don't.  If you do list them, make sure to check the box that they will not be applying with you.  Here is a thread that may help.

 

Good Luck!

 

 

[Dashinka 24,492]

Here is some additional information.  These lawyers seem to lean toward listing them especially if they were under 18 when you married your USC spouse.

 

Good Luck!

 

https://www.avvo.com/legal-answers/listing-of-the-beneficiary-s-step-children-on-the--2245360.html

[Rocio0010 5,579]

I am in the same situation too. I made a free consultation with Jim Hacking and he said that for immigration, “children” includes step- children. So he suggested to include them. 
This is a tricky question, considering the only time that stepchildren are mentioned in immigration is in the N400.

[carmel34 3,625]

11 hours ago, ra0010 said:

This is a tricky question, considering the only time that stepchildren are mentioned in immigration is in the N400.

Agreed, it is ambiguous on the I-751.  N-400 part 11, specifically defines "children" and includes stepchildren of any age.  I have four adult children, all US citizens and living in the US.  They were listed on the I-130 petition I filed for my husband who had no children, and we have no children together, so USCIS knows about them. Children of the beneficiary are not even asked about on the I-130A.  He answered "no" to the question on the DS-260 if he had any children (I believe that the new online DS-260 asks for all children, including stepchildren).  My children did not even come up during his CR-1 visa interview.  The I-751 form and instructions do not define children at all, so to be consistent with the DS-260, he did not list any children when he filed the I-751 back in May of this year.  He did include one or two photos of us together with my four adult children as part of the I-751 package.  My opinion is that whether or not you list stepchildren on the I-751, it should not be a problem because the form is not clear, and the focus of the I-751 is on the bona fide marriage relationship.  He will definitely list the stepchildren on the N-400 because it clearly asks for them to be included.

[Rocio0010 5,579]

4 minutes ago, carmel34 said:

Agreed, it is ambiguous on the I-751.  N-400 part 11, specifically defines "children" and includes stepchildren of any age.  I have four adult children, all US citizens and living in the US.  They were listed on the I-130 petition I filed for my husband who had no children, and we have no children together, so USCIS knows about them. Children of the beneficiary are not even asked about on the I-130A.  He answered "no" to the question on the DS-260 if he had any children (I believe that the new online DS-260 asks for all children, including stepchildren).  My children did not even come up during his CR-1 visa interview.  The I-751 form and instructions do not define children at all, so to be consistent with the DS-260, he did not list any children when he filed the I-751 back in May of this year.  He did include one or two photos of us together with my four adult children as part of the I-751 package.  My opinion is that whether or not you list stepchildren on the I-751, it should not be a problem because the form is not clear, and the focus of the I-751 is on the bona fide marriage relationship.  He will definitely list the stepchildren on the N-400 because it clearly asks for them to be included.

Right. My husband is the USC and im the beneficiary. He has a child. We don’t have kids. When we AOSed, we mistakenly didn’t mention his child. Our interview got waived so it’s not like we had a chance to correct ourselves. We will mention the child on i1751 and N400, because we have nothing to hide. It was an honest mistake.