I-751 Petition Filed at CSC

[elwintro 0]

I think not listing children is absolutely correct according to the instructions, although it clearly fails to "list all children" per the actual form.

I strongly disagree with you. When the government say to "List all your children" then you list ALL YOUR CHILDREN. Period.

The instructions absolutely indicate, and I quote:

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.

That is the sum total of instructions regarding this I-751 section, emphasis added.

Right, make sure you include any conditional resident children applying with you when you list ALL YOUR CHILDREN. You are twisting this sentence to mean something that it is not saying, i.e., that you must only list your conditional resident children applying with you and no other children besides that. This is not what the USCIS are saying here.

I would agree, it seem's Haole's unique situation added to the adjudicator's confusion, and may list children who are US Citizens because logically the form is asking for 'all children' without issue, section 5 is really to list "conditional resident children applying with you in order to have their conditional basis removed" I believe we are quite safe leaving the section blank, since none of our kids are filing to remove conditional status.

Bad USCIS form, combined with a slow adjudicator, and seems putting kids not filing to remove conditions is most likely to lead to trouble.

I think your interpretation of the form and its instructions are plain wrong. Why would they say on the form, "List all your children", then, in the instructions, remind you to "make sure to include any conditional resident children applying with you" when, according to you and Haole, what they really mean is to ONLY list conditional resident children applying with you and no others? Why would they have a column on Part 5 which says, "A# (if any)" if they only intend conditional resident children to be list because no conditional resident child would ever not have an A#?

Your interpretation of the form just does not make sense. I think you are making a mistake by excluding your children from Part 5.

[Dakine 26]

All's I know is we went thru hell because I listed my US citizen daughter under Part 5. Because of such I sure wouldn't do so again if I had to do it all again.

There is no reason to list US citizen children there. Put their BCs with all the other evidence of a valid ongoing marriage. That's basically the only reason to list kids anywhere unless you want to remove their conditions.

Just trying to help others from having to go thru the stress and hell we did.

[elwintro 0]

All's I know is we went thru hell because I listed my US citizen daughter under Part 5. Because of such I sure wouldn't do so again if I had to do it all again.

There is no reason to list US citizen children there.

Yes, there is. How about the text which says to "list ALL YOUR CHILDREN"?

Put their BCs with all the other evidence of a valid ongoing marriage. That's basically the only reason to list kids anywhere unless you want to remove their conditions.

Just trying to help others from having to go thru the stress and hell we did.

Well, they can avoid that by including an attachment to their I-751, signed and dated, explaining the special circumstances of their situation, which is apparently something you failed to do. It's not the USCIS's fault if you did not adequately clarify your daughter's immigration status, especially when there was obviously conflicting information in your paperwork.

By the sounds of it, your bad experience was mostly your own failure to put yourself in the position of the USCIS case adjudicator when you were preparing your petition. If you don't tailor your evidence for someone who a) doesn't know you, and B) doesn't care to know anything more than is necessary to adjudicate your case, then how can you blame the USCIS if they incorrectly interpret what you've given them?

I'm sorry you had a bad experience, but it really does sound like you've only got yourself to blame.

[Dakine 26]

All's I know is we went thru hell because I listed my US citizen daughter under Part 5. Because of such I sure wouldn't do so again if I had to do it all again.

There is no reason to list US citizen children there.

Yes, there is. How about the text which says to "list ALL YOUR CHILDREN"?

Put their BCs with all the other evidence of a valid ongoing marriage. That's basically the only reason to list kids anywhere unless you want to remove their conditions.

Just trying to help others from having to go thru the stress and hell we did.

Well, they can avoid that by including an attachment to their I-751, signed and dated, explaining the special circumstances of their situation, which is apparently something you failed to do. It's not the USCIS's fault if you did not adequately clarify your daughter's immigration status, especially when there was obviously conflicting information in your paperwork.

By the sounds of it, your bad experience was mostly your own failure to put yourself in the position of the USCIS case adjudicator when you were preparing your petition. If you don't tailor your evidence for someone who a) doesn't know you, and B) doesn't care to know anything more than is necessary to adjudicate your case, then how can you blame the USCIS if they incorrectly interpret what you've given them?

I'm sorry you had a bad experience, but it really does sound like you've only got yourself to blame.

Definitely was my fault for putting my US citizen child in Part 5. I also explained it all in the cover letter plus put a copy of her US passport and her adoption decree. I think the main problem was putting her A# also. They didn't look pass that. I also put US citizen under immigration status in Part 5! They must have never even looked at the other info.

Alls well that ends well tho as after my senator got things squared away my wife has her 10 GC.

[-B&T- 1]

All's I know is we went thru hell because I listed my US citizen daughter under Part 5. Because of such I sure wouldn't do so again if I had to do it all again.

There is no reason to list US citizen children there.

Yes, there is. How about the text which says to "list ALL YOUR CHILDREN"?

Put their BCs with all the other evidence of a valid ongoing marriage. That's basically the only reason to list kids anywhere unless you want to remove their conditions.

Just trying to help others from having to go thru the stress and hell we did.

Well, they can avoid that by including an attachment to their I-751, signed and dated, explaining the special circumstances of their situation, which is apparently something you failed to do. It's not the USCIS's fault if you did not adequately clarify your daughter's immigration status, especially when there was obviously conflicting information in your paperwork.

By the sounds of it, your bad experience was mostly your own failure to put yourself in the position of the USCIS case adjudicator when you were preparing your petition. If you don't tailor your evidence for someone who a) doesn't know you, and B) doesn't care to know anything more than is necessary to adjudicate your case, then how can you blame the USCIS if they incorrectly interpret what you've given them?

I'm sorry you had a bad experience, but it really does sound like you've only got yourself to blame.

Definitely was my fault for putting my US citizen child in Part 5. I also explained it all in the cover letter plus put a copy of her US passport and her adoption decree. I think the main problem was putting her A# also. They didn't look pass that. I also put US citizen under immigration status in Part 5! They must have never even looked at the other info.

Alls well that ends well tho as after my senator got things squared away my wife has her 10 GC.

-Haole, putting your step-daughter's A# on the Form was the mistake when in fact, she was a US Citizen already when you filed the petition.Should have put 'NONE' on that part.Sorry for what you had to go through because of that little mistake and the IO should have check your evidence thorougly but at least you're done with USCIS now until you file for naturalization.Good luck.

[NArocks 13]

So how has everyones else's paperwork come out? See I have two conditional resident children, however they can not remove conditions until 1/2010. So I guess if they send me the rfe since I listed them I will send them the 160 and see if I kill 2 birds with one stone. I have searched and read but found no one who had conditional kids filing at a differnt time. I will let everyone know if we get the RFE or not. And if so my senetor is down the block

[peterbrasco 0]

It says list all children. whether citizen or non citizen. I filed as a waiver listed my son who is a citizen and put. Us citizen in area asking for alien # and I never had any problem whatsoever and got approved in 3 months and 2 weeks as a waiver( marriage in good faith). If u had problems the adjudicator didn't know what he or she was doing.

[peterbrasco 0]

The application form is what u submit to uscis and not the instructions. The form says list all children the you list all children where permanent resident or us citizen. You just have to indicate whether us citizen or alien # in section for alien #. Regardless of how your child acquired citizenship, doesn't matter and u didn't need to explain nothing on the form. If ur child is a us citizen , just put us citizen no need for alien # that ur child had b4 becoming a us citizen. Citizen ? Then indicate citizen. The adjudicator should have read. Properly that ur child is a citizen and shouldn't need biometrics. I put my sons name, wrote us citizen. and had no biometrics for him and had no rfe. List all children means list all children and let ur writing be very clear stating citizen or alien #. Case closed. Ahahaaa.

[NArocks 13]

I know the Citizen part very well. However my resident children who have A #'s do not lift conditions until 1/2010. I put all the kids even the one living in COlombia. I guess I will see what happens and let everyone know