removing conditions

[debbiericardo 2]

Question about paperwork. Filing for my husband to remove conditions. When it asks about children, we do not have children together but he has 2 that still live in DR and I have 2 that live in US. Do we put all of them on the paperwork. We haven't filed for his kids visas yet ?? Thank you 

[neilsqueen 433]

35 minutes ago, debbiericardo said:

Question about paperwork. Filing for my husband to remove conditions. When it asks about children, we do not have children together but he has 2 that still live in DR and I have 2 that live in US. Do we put all of them on the paperwork. We haven't filed for his kids visas yet ?? Thank you 

Here is what the instruction sheet says about Part 5:

 

If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions.  If you have dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 in order to request that the conditions on their status be removed as well.  If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed.

 

So you wouldn't list any children since they are not removing conditions.  Hope this helps!  Best wishes with this leg of your journey!

[Starkilla09 366]

He should list all his children irrespective of whether they're in the U.S. applying to remove conditions or not. There's a section which will ask if children are applying with him, that's where he will check no. This is more of a biographic question but can be problematic if he later decides in the future to petition for his children and their information is inconsistent with his biographic records. Hopefully he listed all his children as well when applying for adjustment of status. He will also be required to list them on the N 400 form if he decides to apply for naturalization.

[neilsqueen 433]

This is a post I found searching the forum.

 

This is crazy.  I didn't list my husband's daughter because she lives in Jamaica and didn't immigrate with him so there were no conditions to lift.  I did list her on the original CR1 paperwork.  I guess I will have to wait to see if there will be a RFE or not.