Possible N-400 Denial

[Dashinka 24,480]

3 minutes ago, iwannaplay54 said:

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.  

Yeah, probably best to list them even if they are not a potential immigrant.  We don't know much about the OP as to were they a K1 or spousal visa.  If a K1, they would not be a "step" child yet, but should have been listed on the I485 et. al. and the I751.  Probably best, as @Chancy recommended, to list them on the N400 application.  Not really sure what could come back to bite the USC spouse for the error on the I864, probably depends on how close they were to meeting the minimum guidelines. 

[h02ejmajja 57]

On the I-751, it says information about YOUR children and says NOTHING about your step-children. The difference is, on the N-400 it specifically DOES mention stepchildren. 

 

 

So we did not mention my (US citizen) children on my husbands I-751 but we did on the N400. No issue at all during his ROC or naturalisation interview

[Rocio0010 5,579]

Just now, h02ejmajja said:

On the I-751, it says information about YOUR children and says NOTHING about your step-children. The difference is, on the N-400 it specifically DOES mention stepchildren. 

 

 

So we did not mention my (US citizen) children on my husbands I-751 but we did on the N400. No issue at all during his ROC or naturalisation interview

You’re right, only on the I-485 and N400 do they mention stepchildren. However, it is on the applicant to know that “children” for USCIS are bio, adopted, deceased, stepchildren etc etc. So technically they should have been mentioned. But in your case, my case, and OPs case it shouldn’t make a difference because those kids are already USC. 
I think the main issue is when the immigrant doesn’t list their own kids and then they want to bring them from back home.

[African Zealot 1,455]

16 hours ago, JustXris said:

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

In that case it’s no big deal whether you made a mistake or not in not adding. Even if it were misrepresentation (which it’s not) it’s not material because revealing it would not affect any decision.

 

Good luck with your process!

[JustXris 0]

4 hours ago, iwannaplay54 said:

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.  

I believe I-130 is for spouse visa, correct? My spouse do not remember submitting it. I came to the US through K1 Visa. 

[JustXris 0]

4 hours ago, Dashinka said:

Yeah, probably best to list them even if they are not a potential immigrant.  We don't know much about the OP as to were they a K1 or spousal visa.  If a K1, they would not be a "step" child yet, but should have been listed on the I485 et. al. and the I751.  Probably best, as @Chancy recommended, to list them on the N400 application.  Not really sure what could come back to bite the USC spouse for the error on the I864, probably depends on how close they were to meeting the minimum guidelines. 

I came here in the US through K1-Visa. @iwannaplay54My spouse did submit the I-134 which is included in the I-129F packet. He listed there the child as his dependent (partially dependent). Thats the only circumstance he listed the child on all our previous applications.

Edited January 30, 2023 by JustXris

[JeanneAdil 6,489]

my sons were well over 20 and they had to be listed on the ds 260 by my husband 

 

[JustXris 0]

On 1/29/2023 at 7:40 PM, 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.

Thank you so much for the input and recommendation.

 

I consulted an attorney yesterday and  I checked out Jim Hacking's youtube as well. He's so cool giving those free consults online. Unfortunately I do not know how to navigate the site yet to be able to join the live show. 

 

As for the attorney, he advised to list the kid's information as that is what the form asks. The issue of not listing the kid's info in I-485 and I-751 will unlikely come up. And if does, I'll just have to explain. He said the worst thing that USCIS can do is to ask for an explanation and amend the previous documents if needed (which is not).

He added that if I still feel worried I can always bring the child's support court case and payment receipts.

 

I still would want to consult another attorney for a second opinion though. I wish I can to talk to Jim soon. 

 

Anyway, today I was filling up the application online and I'm stuck with uploading the BC of my stepchild which I do not have. I can't even provide the address information. I am only limited to providing the name and DOB. 

 

Will it be okay to place N/A for the address? And about the BC, is this something mandatory? My spouse do not know the whereabouts of his ex-gf and the child. No communication for the last 18 years.

[Rocio0010 5,579]

1 hour ago, JustXris said:

Thank you so much for the input and recommendation.

 

I consulted an attorney yesterday and  I checked out Jim Hacking's youtube as well. He's so cool giving those free consults online. Unfortunately I do not know how to navigate the site yet to be able to join the live show. 

 

As for the attorney, he advised to list the kid's information as that is what the form asks. The issue of not listing the kid's info in I-485 and I-751 will unlikely come up. And if does, I'll just have to explain. He said the worst thing that USCIS can do is to ask for an explanation and amend the previous documents if needed (which is not).

He added that if I still feel worried I can always bring the child's support court case and payment receipts.

 

I still would want to consult another attorney for a second opinion though. I wish I can to talk to Jim soon. 

 

Anyway, today I was filling up the application online and I'm stuck with uploading the BC of my stepchild which I do not have. I can't even provide the address information. I am only limited to providing the name and DOB. 

 

Will it be okay to place N/A for the address? And about the BC, is this something mandatory? My spouse do not know the whereabouts of his ex-gf and the child. No communication for the last 18 years.

I cannot answer about the address because I haven’t been in that situation. 
No, the BC is not mandatory, but it is something you can request from the Vital Records of the State the child was born. And it’s inexpensive. 
Jim Hacking has a YouTube Show. If you subscribe to his channel it will tell you when he goes live. And then once the show starts you click on the link they’ll post to join the show and ask the question 

[JustXris 0]

2 hours ago, Rocio0010 said:

I cannot answer about the address because I haven’t been in that situation. 
No, the BC is not mandatory, but it is something you can request from the Vital Records of the State the child was born. And it’s inexpensive. 
Jim Hacking has a YouTube Show. If you subscribe to his channel it will tell you when he goes live. And then once the show starts you click on the link they’ll post to join the show and ask the question 

I already subscribed to his YouTube channel the other night but I miss the time when the answer show was live. I will try again tomorrow. Thanks again!