Form I-751 - Need Clarification on Part 5

[Dakine 26]

ONLY list children you want conditions removed in section 5 with their A#. Send in extra $80 for biometrics for them also.

Can we go with the answer given above in boldface-italics? Thanks.

READ the instructions!!

Only list children that have to have their conditions removed.

Edited October 2, 2010 by Dakine

[JoannaV 173]

That's not what it says on the form or the instructions or the webpage from the USCIS website.

[sly_wolf 199]

That's not what it says on the form or the instructions or the webpage from the USCIS website.

I agree, the instructions are not clear in regards to Part 5 and the form only says list all children.

We need to hear more on what others have done.

[SaysWho 3]

Although it is a "joint" petition, I understood it to be pretty clear when you read the information headings on the form I-751, it is all about YOU the Permanent Resident initiating the form. Where they want information about the USC spouse, they specifically ask for it.

Part 1: Information About You

Part 2: Basis for Petition

Part 3:Additional Information About You

Part 4: Information About the Spouse or Parent Through Whom You Gained Your Conditional Residence

Part 5: Information About Your Children-List All Your Children

Part 6: Accomodations for Individuals.....

Part 7: Signature

...I just listed ALL MY children and my I-751 was submitted a while back, so I'll know soon if my interpretation is correct :-)

Annie

[sly_wolf 199]

Although it is a "joint" petition, I understood it to be pretty clear when you read the information headings on the form I-751, it is all about YOU the Permanent Resident initiating the form. Where they want information about the USC spouse, they specifically ask for it.

Part 1: Information About You

Part 2: Basis for Petition

Part 3:Additional Information About You

Part 4: Information About the Spouse or Parent Through Whom You Gained Your Conditional Residence

Part 5: Information About Your Children-List All Your Children

Part 6: Accomodations for Individuals.....

Part 7: Signature

...I just listed ALL MY children and my I-751 was submitted a while back, so I'll know soon if my interpretation is correct :-)

Annie

Yes, thats my understanding as well even if they are not part of the petition. I recall having to provide children info on the DS230 form when we applied for the CR1. Wanted to see what others have done on the I-751 just to be sure.

Thanks.

[Dakine 26]

I agree, the instructions are not clear in regards to Part 5 and the form only says list all children.

We need to hear more on what others have done.

Read Who may file this form in the instructions.

Yeah they screwed up and put ALL later on.

They care less about how many children you and the petittioner have.

In part 5 they want to know what children need conditions removed.

I was RFE'd because I put my adopted daughters name who is already a USC in Part 5. They wanted $80 more for biometrics. Took me months and my senators help to straighten it out.

LOTS of people have put their USC kids and didn't have any problems tho.

Hard to get around the word ALL! USCIS screwed up putting ALL.

Edited October 2, 2010 by Dakine

[Eric-Pris 1,602]

This form is completed by the GC holder who's applying for ROC. So "List All Your Children" is pretty straight-forward to me.

My wife (GC holder) has 4 kids, 2 living with us (joined 6 months after my wife-not eligible for ROC for another 6 months) and 2 older kids living back in her country.

We listed ALL 4 of her kids, checking YES to "Living with you" for the 2 younger ones (including their A#'s) even though they won't be removing conditions for 6 months. We only included a photocopy of my wife's greencard, so they will know that she's the only person applying for ROC.

Edited October 2, 2010 by Eric-Pris

[sly_wolf 199]

Anyone else get any RFE's on this part due to misunderstood info?

[mari&Ryan 93]

This form is completed by the GC holder who's applying for ROC. So "List All Your Children" is pretty straight-forward to me.

My wife (GC holder) has 4 kids, 2 living with us (joined 6 months after my wife-not eligible for ROC for another 6 months) and 2 older kids living back in her country.

We listed ALL 4 of her kids, checking YES to "Living with you" for the 2 younger ones (including their A#'s) even though they won't be removing conditions for 6 months. We only included a photocopy of my wife's greencard, so they will know that she's the only person applying for ROC.

Correct. This is exactly as I understand the part 5 must be to fill out. I would do that way without a doubt. Also, may I add that if the applicant (GC holder spouse) has US citizens children, include those as well and put (US citizen) as Immigration status and none on A#.

[sly_wolf 199]

Correct. This is exactly as I understand the part 5 must be to fill out. I would do that way without a doubt. Also, may I add that if the applicant (GC holder spouse) has US citizens children, include those as well and put (US citizen) as Immigration status and none on A#.

Lol, now you added another complication. You are saying I should also add my step child (US spouse's child)?

[mari&Ryan 93]

Lol, now you added another complication. You are saying I should also add my step child (US spouse's child)?

No.The form clearly says "list all your children". Throughout the I-751, the word "you" and "your" is used to refer to the alien removing conditions. So it seems very clear to me that all children of the alien removing conditions should be listed. Children of the US Citizen spouse who are not also children of the alien removing conditions wouldn't seem to meet the criteria.

As for the part of the instructions of the I-751 that says: “make sure to include any conditional resident children applying with you in order to have their conditional basis removed". That for me is just a reminder. But it does not say include ONLY children that need to have their conditional residence removed.

It’s just the way I would approach that part if I’d have to.

[SaysWho 3]

No.The form clearly says "list all your children". Throughout the I-751, the word "you" and "your" is used to refer to the alien removing conditions. So it seems very clear to me that all children of the alien removing conditions should be listed. Children of the US Citizen spouse who are not also children of the alien removing conditions wouldn't seem to meet the criteria.

As for the part of the instructions of the I-751 that says: “make sure to include any conditional resident children applying with you in order to have their conditional basis removed". That for me is just a reminder. But it does not say include ONLY children that need to have their conditional residence removed.

It’s just the way I would approach that part if I’d have to.

I completely agree (see my earlier post)....the person Removing Conditions should list ALL their children (irregardless of age or immigrant status), but should not include US Citizen children of the US Citizen spouse from a previous marriage.

[OBX 51]

I completely agree (see my earlier post)....the person Removing Conditions should list ALL their children (irregardless of age or immigrant status), but should not include US Citizen children of the US Citizen spouse from a previous marriage.

This is my interpretation as well.

I will be following the outcome of those filing ahead of me closely!

[sly_wolf 199]

This is my interpretation as well.

I will be following the outcome of those filing ahead of me closely!

I will include my adult children who live in Canada and hope for the best. I will be mailing mine in next Monday.

[OBX 51]

I will include my adult children who live in Canada and hope for the best. I will be mailing mine in next Monday.

Sounds good to me.

Good luck.