Possible N-400 Denial

[JustXris 0]

Hello everyone, any inputs is highly appreciated.

 

I have been an LPR for 8 years now and I will be applying for naturalization soon. I have a query about the "information about my children" section on the application.

 

Here's my case. My current spouse had a child with his ex-gf before we got married. They were not married and the child lives with his mom. Never met the kid who is over 18yrs old now.

 

Does that make my spouse's kid with his ex-gf my step child?

 

If yes, my concern now is I did not include my step child's information on my I-751 and I-485. I did not think about it at that time as I understood that it's asking for my own biological kids. 

 

As I was reviewing the N-400 application and it was asking about "the child's relationship to you (biological, step or adopted)" I realize that I probably made a mistake filling up the past applications.

 

Will this affect me greatly during the naturalization process if I include the kid's information on the N-400 and was not reflected on the previous applications?

Edited January 29, 2023 by JustXris

[Timona 4,207]

She's not if she doesn't have a relationship with her dad. That's how I view it. Had he been actively supporting, then that's a different story altogether. 

[Daphne . 1,852]

Self delete

Edited January 29, 2023 by Daphne .

[JustXris 0]

3 minutes ago, Timona said:

She's not if she doesn't have a relationship with her dad. That's how I view it. Had he been actively supporting, then that's a different story altogether. 

My husband has been diligently paying his child support. The kid is over 18 years old now so his child support is done.

[Timona 4,207]

Then she's an adult. Carry on with your own information. No need to mention kid

[JustXris 0]

2 minutes ago, Timona said:

Then she's an adult. Carry on with your own information. No need to mention kid

This is a relief. Thank you. 

[Rocio0010 5,579]

On this particular subject, you will receive different opinions. Keep in mind that we are not attorneys. If you go by the N400 instructions, on page 9 it says:

 Item Number 1. Indicate your total number of children. Count all of your children, regardless of whether they are alive, missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married or unmarried; living, current stepchildren.

 

I was in a sort of similar situation, with some differences. But I also have a stepson, though he's a minor. I did not think I had to list him on my I-485, but when I started filling out my 751 and had to answer about children something rang a bell on me. So I consulted two or three different attorneys, one of which is a top notch one, and their answers agreed that "children" is a broad term for USCIS and stepchildren are your children. So, knowing that, I did include him in my 751 and plan on doing so this week on my N400. 

I know you did not include him before, but from my conversation with one of the attorneys, since your and my stepsons are both USCs, this should be a non- issue, because you are not granting him any immigration benefit. 

Actually one of the attorneys I asked is Jim Hacking. I was on one (or several!) of his live shows. I just can't find the clip.

 

You might want to consult with some attorneys, too. I just personally think it is better to be honest about a mistake you've made, than to be perceived as concealing information. My two cents.

[JustXris 0]

1 hour ago, Rocio0010 said:

On this particular subject, you will receive different opinions. Keep in mind that we are not attorneys. If you go by the N400 instructions, on page 9 it says:

 Item Number 1. Indicate your total number of children. Count all of your children, regardless of whether they are alive, missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married or unmarried; living, current stepchildren.

 

I was in a sort of similar situation, with some differences. But I also have a stepson, though he's a minor. I did not think I had to list him on my I-485, but when I started filling out my 751 and had to answer about children something rang a bell on me. So I consulted two or three different attorneys, one of which is a top notch one, and their answers agreed that "children" is a broad term for USCIS and stepchildren are your children. So, knowing that, I did include him in my 751 and plan on doing so this week on my N400. 

I know you did not include him before, but from my conversation with one of the attorneys, since your and my stepsons are both USCs, this should be a non- issue, because you are not granting him any immigration benefit. 

Actually one of the attorneys I asked is Jim Hacking. I was on one (or several!) of his live shows. I just can't find the clip.

 

You might want to consult with some attorneys, too. I just personally think it is better to be honest about a mistake you've made, than to be perceived as concealing information. My two cents.

If I may ask, when you included him in your I-751 did you have any issues with it, knowing that it was not reflected in your I-485? (The I-485 asks about children as well)

 

It may not be a big issue to some USCIS officers but it may be to others. That's my concern.

 

Is it feasible to attach an explanation letter about not listing my stepchild on my previous applications with my N-400 application or do I just have to wait until the interview date?

 

I tried to contact few immigration attorneys in our area and consultation alone costs $150-300/hour.

Edited January 30, 2023 by JustXris

[Rocio0010 5,579]

9 minutes ago, JustXris said:

when you included him in your I-751 did you have any issues with it, knowing that it was not reflected in your I-485?

My 751 is still pending, so I cannot say that I did not have any issues. But I am confident based on what attorneys have told me. 

 

Would you rather pay $150- 300 now but have peace of mind, or apply for the N400 not knowing whether listing him or not is wise? I don't know. I like simplicity and peace of mind, so if/when asked during my combo interview about my oversight in the I-485, I will explain it to the officer. 

I made a note on my 751 right on the form that says "he's my USC stepson" mainly because I did not want them to think that they would receive another 751 or biometrics fee for him. But it was just a note, not a letter.

 

I am not a huge fan of explaining unsolicited information. So I personally would not include a letter explaining yourself. I would wait until the interview, if asked. But I know that because I made several consultations. You should do the same.

 

Ask Jim Hacking on his YouTube show. He goes live tomorrow I think.

[Chancy 6,241]

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

2 hours ago, JustXris said:

Will this affect me greatly during the naturalization process if I include the kid's information on the N-400 and was not reflected on the previous applications?

 

List your stepchild on your N-400 to comply with the form instructions.  No need to volunteer any reason why you did not list them on your previous forms.  In the (highly unlikely) event that you get asked about it at the interview, just be truthful and admit that you did not realize that you had to list your stepchild.  I assume your stepchild is a USC.  If so, the prior omissions were not material info to your I-485 and I-751 cases.  That is, having a USC stepchild would not have been a significant factor in deciding your previous cases, unless your current spouse sponsored your GC and did not count the child in their household in the I-864.

 

[JustXris 0]

1 hour ago, Chancy said:

*** Moved from US Citizenship Progress Reports to General Discussion ***

 

 

List your stepchild on your N-400 to comply with the form instructions.  No need to volunteer any reason why you did not list them on your previous forms.  In the (highly unlikely) event that you get asked about it at the interview, just be truthful and admit that you did not realize that you had to list your stepchild.  I assume your stepchild is a USC.  If so, the prior omissions were not material info to your I-485 and I-751 cases.  That is, having a USC stepchild would not have been a significant factor in deciding your previous cases, unless your current spouse sponsored your GC and did not count the child in their household in the I-864.

 

Yes, the stepchild is a USC and my spouse sponsored my GC. I have reviewed the form I-864 that my spouse filled up. He did not include the child as the child does not live in the same residence with us, although he pays child support. I believe the form is asking for the household size. Did my spouse miss something as well?

Edited January 30, 2023 by JustXris

[JustXris 0]

2 hours ago, Rocio0010 said:

My 751 is still pending, so I cannot say that I did not have any issues. But I am confident based on what attorneys have told me. 

 

Would you rather pay $150- 300 now but have peace of mind, or apply for the N400 not knowing whether listing him or not is wise? I don't know. I like simplicity and peace of mind, so if/when asked during my combo interview about my oversight in the I-485, I will explain it to the officer. 

I made a note on my 751 right on the form that says "he's my USC stepson" mainly because I did not want them to think that they would receive another 751 or biometrics fee for him. But it was just a note, not a letter.

 

I am not a huge fan of explaining unsolicited information. So I personally would not include a letter explaining yourself. I would wait until the interview, if asked. But I know that because I made several consultations. You should do the same.

 

Ask Jim Hacking on his YouTube show. He goes live tomorrow I think.

Honestly, I also prefer to explain the mishap in person, if asked.

 

Thank you so much for your recommendation. I will definitely check Jim Hacking out. Also, I already shortlisted some attorneys I would consult very soon. 

[iwannaplay54 985]

8 hours ago, JustXris said:

Yes, the stepchild is a USC and my spouse sponsored my GC. I have reviewed the form I-864 that my spouse filled up. He did not include the child as the child does not live in the same residence with us, although he pays child support. I believe the form is asking for the household size. Did my spouse miss something as well?

Unfortunately he did

He may have missed it on the I130 as well.

Your application is yours, best to list your stepchild then explain the whole thing at interview.  Hopefully the omitted child on I864 did not make a difference on eligibility because such an omission is “material”, affects the outcome of your case, and can result in retroactively stripping of immigration benefits.

I864 instructions say “whether they live with you or not” no actually they actually say “even if you do not have legal custody” unless they are age of majority AND not claimed on your taxes.  

Edited January 30, 2023 by iwannaplay54

[Dashinka 24,480]

8 hours ago, JustXris said:

Yes, the stepchild is a USC and my spouse sponsored my GC. I have reviewed the form I-864 that my spouse filled up. He did not include the child as the child does not live in the same residence with us, although he pays child support. I believe the form is asking for the household size. Did my spouse miss something as well?

 

1 minute ago, iwannaplay54 said:

Unfortunately he did

I agree.  If the child was under 18 getting child support when your husband filled out the I864, the child should have counted.  As to your forms, I am not too worried about that as the entire "step" relationship is really a technical matter.

[iwannaplay54 985]

3 minutes ago, Dashinka said:

 

I agree.  If the child was under 18 getting child support when your husband filled out the I864, the child should have counted.  As to your forms, I am not too worried about that as the entire "step" relationship is really a technical matter.

Nitas stepchildren (mine) have always been listed except for N-400 where only our two little ones were listed.  But they’re all aged out and on their own.  

Edited January 30, 2023 by iwannaplay54