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Alchemist

I-751 question about my children

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Hi:

I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side.

We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father?

Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on.

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Hi:

I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side.

We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father?

Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on.

First, you will be advised if you will be required to appear for an interview or not. If the I-751 is adjudicated without an interview, you'll receive notification when it is approved, or denied and given instructions on how and when to return the old GC and prepare to replace it with the 10-yr GC.

As to the child, at this time, while she is not your biological daughter, she doesn't need to be included.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Alchemist,

Your are married to the child's mother, so you are her stepfather. You should have listed her. The item says, "List all your children." It does not say list your biological children, it does not say 'except stepchildren', it says 'all children'.

At the very least listing your stepchild would have helped to create the impression that you consider her to be your child, an indication of a bonafide marriage.

Yodrak

Hi:

I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side.

We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father?

Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on.

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Alchemist,

Your are married to the child's mother, so you are her stepfather. You should have listed her. The item says, "List all your children." It does not say list your biological children, it does not say 'except stepchildren', it says 'all children'.

At the very least listing your stepchild would have helped to create the impression that you consider her to be your child, an indication of a bonafide marriage.

Yodrak

Hi:

I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side.

We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father?

Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on.

Yodrak,

While I agree with your interpretation of the directions, the word "children" is collective and unspecified, in my opinion the child in this case may or may not help to demonstrate the bona fide marriage. However, even if listing the child would have been betterm since the application has been submitted and the OP listed NONE, what would you recommend?


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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DM, Y may be referring to this thread, particularaly from MrF's post #10 & onward:

http://britishexpats.com/forum/showthread.php?t=400974


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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diadromous mermaid,

Exactly, the word 'children' is collective and non-specific. I.e. all-encompassing, even without the word 'all' in front of it for emphasis?

No recommendation. The form is submitted, and it's probably consistent with previous applications submitted by Alchemist. I don't know what, if anything, ought to be done at this point. And I'll bet the majority of people answer the same way - do not list stepchildren.

Good question for an immigration attorney?

Yodrak

Yodrak,

While I agree with your interpretation of the directions, the word "children" is collective and unspecified, in my opinion the child in this case may or may not help to demonstrate the bona fide marriage. However, even if listing the child would have been betterm since the application has been submitted and the OP listed NONE, what would you recommend?

Edited by Yodrak

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diadromous mermaid,

Exactly, the word 'children' is collective and non-specific. I.e. all-encompassing, even without the word 'all' in front of it for emphasis?

No recommendation. The form is submitted, and it's probably consistent with previous applications submitted by Alchemist. I don't know what, if anything, ought to be done at this point. Good question for an immigration attorney?

Yodrak

Yodrak,

While I agree with your interpretation of the directions, the word "children" is collective and unspecified, in my opinion the child in this case may or may not help to demonstrate the bona fide marriage. However, even if listing the child would have been betterm since the application has been submitted and the OP listed NONE, what would you recommend?

"non-specific", thanks. Mind is mush today :) I suppose a consultation would be a good idea. I suspect that attempting to change the submission at this point could simply draw attention to something which might not be of critical importance, but it would be interesting to see if a "legal expert opinion" would recommend an amended I-751.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Thanks a lot guys for your feedback!

Before I submitted my I-751, I looked online on the USCIS site and at one point it gives some clarifications about who "your children" are, which triggered my decision to list NONE. It's listed under a different application, not I-751, and it states that your biological and/or adopted children under 21 are considered "your children". Since we haven't processed the adoption papers yet and she is not my biological daughter, I decided to put NONE.

My question on this forum is a little late, since I already submmited the application, but I thought it's an interesting case which might help others.

Thanks a lot!

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Alchemist,

Do you recall the application for which you saw that definition of 'children'?

Yes, an interesting issue.

Yodrak

Thanks a lot guys for your feedback!

Before I submitted my I-751, I looked online on the USCIS site and at one point it gives some clarifications about who "your children" are, which triggered my decision to list NONE. It's listed under a different application, not I-751, and it states that your biological and/or adopted children under 21 are considered "your children". Since we haven't processed the adoption papers yet and she is not my biological daughter, I decided to put NONE.

My question on this forum is a little late, since I already submmited the application, but I thought it's an interesting case which might help others.

Thanks a lot!

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I can't remember where I've seen that definition. Sorry :-( I did find another one that is contrary to what I've thought. It can be found under the N-400 Application's Instructions, on the USCIS's website. According to that one, I should have listed her as a stepchild. In the same time, the N-400 is a totally different (more complex) application, it might not be applicable.

I just hope it will not be an issue against my marriage, if ever called for an interview. As somebody wrote before, it is consistent with my previous application, which I think it's a good thing.

Any thoughts help.

Thanks a lot again!

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Alchemist,

I suspect that the 2 sets of instructions were likely written by different people at different times. And that to write a detailed set of instructions that cover every situation every applicant may have would result in a document so long and complex that no one would read it. In other words, I'm not surprised that there are differences in the instructions and the differences may not mean that different answers are required.

As I wrote in an earlier post in this thread, my sense is that most people do as you did and I don't recall seeing anyone report it as an issue. But that doesn't mean that you might not be the first.

Yodrak

I can't remember where I've seen that definition. Sorry :-( I did find another one that is contrary to what I've thought. It can be found under the N-400 Application's Instructions, on the USCIS's website. According to that one, I should have listed her as a stepchild. In the same time, the N-400 is a totally different (more complex) application, it might not be applicable.

I just hope it will not be an issue against my marriage, if ever called for an interview. As somebody wrote before, it is consistent with my previous application, which I think it's a good thing.

Any thoughts help.

Thanks a lot again!

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If you live in California

If the parents were married when the child was born, the law usually considers the husband to be the father.

http://www.kinseylaw.com/clientserv2/famla.../parentage.html

so you may be considered the father depending on which state you live in.


March 31 2004 spent 2 weeks with my love and her family

NOA1 July 16 2004

NOA2 Email notification Sept 2 2004

NOA2 approval letter Sept 15 2004

called NVC sept 16th told by operator fowarded to Manila

NVC forwarded to Manila on Sept 15 2004

NVC Hard copy received Sept 20 2004

called Manila embassy 10-13-2004 interview dec 3 2004

never received packet from embassy

Dec 3rd Visa approved and picked up

Dec 18th Married in Las Vegas Nv

AOS and EAD received in Chicago March 5 2005

NOA AOS and EAD received 3-28-05 dated 03-25-2005

Fingerrprint appointment 03-30-2005

EAD approval by email 4-19-2005

EAD card received 4-25-2005

Interview cancelled 9-6-2005 no interview ever scheduled

Applicattion transfered to somewhere 9-8-2005

9-14-2005 same message about transfer

9-24-2005 same message about transfer again

10-26-2005 approved without interview

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If you live in California

If the parents were married when the child was born, the law usually considers the husband to be the father.

http://www.kinseylaw.com/clientserv2/famla.../parentage.html

so you may be considered the father depending on which state you live in.

Actually.. that's the law in all common law jurisdictions....

You may not biologically be the father.. but you ARE the legal father. There may be situations where this would not be the case if one was legally separated at the time...


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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i would put "none"...reason being is that if you had to support it as evidence in the I-751 application,...you would therefore need a birthcertificate.

And if another name is on there,...then it wouldnt be right???


Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

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