Filing out I 751 for child

[BeHappy 0]

My daugher is a K2 and she achieved permanent resident status more than 90 days after the my K1 ( she fallow me in USA after 1 year) , so she will file her own I-751. I would apreciate if somebody can help me to undestand how she should file out "Part 4 Information about the spouse or parent through whom you gain your conditional residence"

The parent through whom she gained her conditional residence is my husband , the US citizen and her step father or me K1 visa and her mother? Which name should be there mine or her step father, the US citizen?

Also at "Part 6" the only signature should be there is my daugher's signature, is that right?

Thank you very much for all your help.

Have a nice day!

[belladona_ph 0]

hello there,

I will be filing my I-751 this September. I will be filing for my son too, but I will include him in my application. Like you I was on K1 and my son on K2. I will be the one applying for the lifting of conditions.

as per instruction on filing:

Conditional Resident Children

In Part 5 of the form, please make sure to include any conditional resident children applying with you in order to have their conditional basis removed, or they may file separately. Please remember to provide their A-number.

On Part 4:

Put the name of your spouse

On part 5:

list the name of your child, include his Alien Registration Number

On part 6:

your signature and your spouse

I hope this would help. Good luck!

[Marilyn. 340]

hello there,

I will be filing my I-751 this September. I will be filing for my son too, but I will include him in my application. Like you I was on K1 and my son on K2. I will be the one applying for the lifting of conditions.

as per instruction on filing:

Conditional Resident Children

In Part 5 of the form, please make sure to include any conditional resident children applying with you in order to have their conditional basis removed, or they may file separately. Please remember to provide their A-number.

On Part 4:

Put the name of your spouse

On part 5:

list the name of your child, include his Alien Registration Number

On part 6:

your signature and your spouse

I hope this would help. Good luck!

that only works if the permanent residency of the parent and the child expire within 90 days of each other....

[1HappyGuy 45]

I believe the process is still the same even if the child followed more than 90 days later. The child received their K-2 as a result of the parent's K-1. That relationship didn't change, so it should be the same this time. It will still likely be a matter of the step-parent providing financial support.

[Marilyn. 340]

I believe the process is still the same even if the child followed more than 90 days later. The child received their K-2 as a result of the parent's K-1. That relationship didn't change, so it should be the same this time. It will still likely be a matter of the step-parent providing financial support.

I am pretty sure I have seen people on here who got their petition sent back and told to send a separate petition for the child...

here is one example...

http://www.visajourney.com/forums/index.php?showtopic=141725

Edited September 2, 2008 by *Marilyn*

[1HappyGuy 45]

Sorry, I meant to say that the child still needs to petition on their own, but the reason (i.e. who made this possible) is still the parent with their K-1 application. The child did not come on their own, but rather as a K-2 visa recipient. The K-2 is issued only as a result of a K-1 visa.

[BeHappy 0]

Thank you all for trying to help but I would like to be sure how I must file the separate I 751 for form my daughter. I can not aford to send the file wrong in September because she will travel in Romania in December and she will be back in January when the conditional card is expired. She is filing separate because :

1. She is almost 22 years old;

2 She applied and received her conditional green card 1 year later than me.

Is there somebody who did this before and can answer my questions from my first post?

Thank you in advance.

[belladona_ph 0]

Sorry, I meant to say that the child still needs to petition on their own, but the reason (i.e. who made this possible) is still the parent with their K-1 application. The child did not come on their own, but rather as a K-2 visa recipient. The K-2 is issued only as a result of a K-1 visa.

Hello again,

try calling the USCIS toll free customer service

To order USCIS forms, call our toll-free number at 1-800-870-3676.

You can also get USCIS forms and information on immigration laws, regulations, and procedures by telephoning our National Customer Service Center at 1-800-375-5283

[sjoefl01 1]

Surely there is somebody on here that has done this. I would not think it would be uncommon.

[Marilyn. 340]

Sorry, I meant to say that the child still needs to petition on their own, but the reason (i.e. who made this possible) is still the parent with their K-1 application. The child did not come on their own, but rather as a K-2 visa recipient. The K-2 is issued only as a result of a K-1 visa.

I think this explains it...^^

I am pretty sure you would put your name on the form..

[Voyageur27 0]

Sorry, I meant to say that the child still needs to petition on their own, but the reason (i.e. who made this possible) is still the parent with their K-1 application. The child did not come on their own, but rather as a K-2 visa recipient. The K-2 is issued only as a result of a K-1 visa.

I think this explains it...^^

I am pretty sure you would put your name on the form..

We are also in a position that I can't be wrong. My wife already filed her I-751, her daughter came over 90 days later. So that we are clear, we fill out this form like my wife originally applied for her I-751? My wife's name is in the Part 1 and Part 2 b is checked? Additional information is my wife's information again, and my (sponsor) information is part 4. Daughter's information is in Part 5. Both my wife and I sign part 6.

Any help would be greatly appreciated. THANKS!

[1HappyGuy 45]

Okay, I just called the idiot help line. After about 10 minutes of menus, I was finally able to speak to someone. Cutting through all the garbage, the form I-751 is the application to file for children that arrived more than 90 days after the parent and have their own green card.

Basically, if more than 90 days pass after the parent arrived and the child has their own green card, you will file a separate I-751 and pay all the same fees. That means pay $465 for the form and $80 for biometrics. The total is $545.00.

[BeHappy 0]

"My wife's name is in the Part 1 and Part 2 b is checked? Additional information is my wife's information again, and my (sponsor) information is part 4. Daughter's information is in Part 5. Both my wife and I sign part 6."

I think almost all that you said here is wrong...

Part 1 is the daughter name ( she is the one who need conditional removed)

Part 2 . Yes, need to be checked 2 b and have a separate document where you will exapain why the dauther is filing a separate I 751 petition.

Part 3 is again the daugher

Part 4 is you the sponsor means the US citizen ( I AM NOT SURE HERE THAT IS WHY I NEED MYSELF AN ADVICE)

Part 5 is the daughter who just file N/A if she doesn't have her own children.

Part 6 is just your daughter signature if she is able to sign.

Part 7 Must filled out only if the daugher is just a little girl who can not file by her self this form and will be you or your wife.

I am still hopping there is somebody here who can tell us if this is corect or not. I really aprecite if someone can help us!

Thank you.

Edited September 4, 2008 by BeHappy

[dcl766 0]

Unfortunately you are not going to find too many K-2 experiences on this board (believe me I have looked!) and even less that have had a case similar to your daughter's where she had to file the I-751 separately.

That said, we were in the exact same position (except my step-daughter is younger-17 right now) and we listed her mother (K-1) as the person "through whom she gained her conditional residence" on the application. The application is in no way set-up to handle the K-2 filing separately (with the exception of the first box where you can check "I am a child filing separately from my parent because of the 90 day rule") and it is indeed very confusing for K-2 applicants.

Anyway, I can't guarantee this is the correct way as technically my step-daughter became a resident through both my wife and myself...but listing her mother just seemed to make more sense.

We haven't received any RFE's and she has completed her biometrics so now we are just waiting for the approval.

Be sure to also include a separate page/letter stating why she has to file separately from you; just state that she came a year later and was not approved for residency within 90 days of you.

Good Luck!

Dave

[Voyageur27 0]

Just to clarify, our daughter is only nine years old. Thanks for your help, BeHappy and Dave. I think that we will follow your advise Dave as you have successfully navigated through this situation. I hope someone else will post to add their experience.