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floridadave

Stepchildren, N-400

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Filed: Citizen (apr) Country: China
Timeline

I am the u.s. citizen and my wife who is a LPR (10-yr green card) is applying for citizenship as she's been here 5 years now.  Question is about N-400, Part 11, question 2, about listing stepchildren.  I have two adult citizen children who have not even met my wife yet.  She feels she should list them as "stepchildren."  I feel not, as I believe she should list her only natural born adult child as she can petition him to live here in the future.  Should my children be listed on her N-400?

 

Any input will be appreciated.

Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

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Filed: AOS (pnd) Country: Sweden
Timeline

Just a question...Why hasn't she met them? 

 

If listed, she could be asked if she ever met them and details about them...The officer may think it's weird she's never met them during the whole time you've been married. But it MIGHT be misrepresentation if not listed. I'm not sure. Someone who knows more will answer.

Edited by s + j

K-1:
06/08/2016: I-129F Sent

06/16/2016: Check cashed

08/23/2016: Approval

09/09/2016: At the Stockholm Embassy

09/28/2016: Embassy received completed medical

09/29/2016: Interview date, APPROVAL 

10/14/2016: Visa ISSUED

10/17/2016: Visa received

 

AOS
12/22/2016: I-485, I-131, I-765 Sent

01/10/2017: Check cashed

02/03/2017: Biometrics completed

04/17/2017: Your case is ready to be scheduled for an interview

01/20/2018: I-485 Interview letter received

02/01/2018: I-485 Interview, APPROVAL 

 

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Filed: Citizen (apr) Country: China
Timeline
1 minute ago, s + j said:

Just a question...Why hasn't she met them? 

 

If listed, she could be asked if she ever met them and details about them...The officer may think it's weird she's never met them during the whole time you've been married. But it MIGHT be misrepresentation if not listed. I'm not sure. Someone who knows more will answer.

Just the way things worked out.  One child was a lifer family in the military who just recently retired and settled down in another state.  My other child left the area several years back and just has not kept in touch.  Some things I just can't control.

Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

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Filed: Citizen (apr) Country: China
Timeline
23 hours ago, floridadave said:

I am the u.s. citizen and my wife who is a LPR (10-yr green card) is applying for citizenship as she's been here 5 years now.  Question is about N-400, Part 11, question 2, about listing stepchildren.  I have two adult citizen children who have not even met my wife yet.  She feels she should list them as "stepchildren."  I feel not, as I believe she should list her only natural born adult child as she can petition him to live here in the future.  Should my children be listed on her N-400?

 

Any input will be appreciated.

Check out N400 Form Instruction, Page 9:

Item Number 1. Indicate your total number of children. Count all of your children, regardless of whether they are alive, missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.

https://www.uscis.gov/sites/default/files/files/form/n-400instr.pdf

 

Yes, include all your children.

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Filed: Citizen (apr) Country: China
Timeline
4 hours ago, anniesdream said:

Check out N400 Form Instruction, Page 9:

Item Number 1. Indicate your total number of children. Count all of your children, regardless of whether they are alive, missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.

https://www.uscis.gov/sites/default/files/files/form/n-400instr.pdf

 

Yes, include all your children.

Thanks for the help!

Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

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Filed: Citizen (apr) Country: Romania
Timeline
On ‎3‎/‎13‎/‎2017 at 0:12 PM, floridadave said:

I am the u.s. citizen and my wife who is a LPR (10-yr green card) is applying for citizenship as she's been here 5 years now.  Question is about N-400, Part 11, question 2, about listing stepchildren.  I have two adult citizen children who have not even met my wife yet.  She feels she should list them as "stepchildren."  I feel not, as I believe she should list her only natural born adult child as she can petition him to live here in the future.  Should my children be listed on her N-400?

 

Any input will be appreciated.

I am in a similar situation - Did not list my husband's sons because they are both over 18 and do not live with us, I never claimed them as dependents as far as taxes or other benefits ( health, etc) and never formally adopted them. In light of the note above, I will ask during the interview if I should have put them down and maybe adjust the form right there with the immigration officer. I agree with you as far as immigration benefits , it would def matter more ....

  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

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Filed: Citizen (apr) Country: China
Timeline
29 minutes ago, candybabe said:

I am in a similar situation - Did not list my husband's sons because they are both over 18 and do not live with us, I never claimed them as dependents as far as taxes or other benefits ( health, etc) and never formally adopted them. In light of the note above, I will ask during the interview if I should have put them down and maybe adjust the form right there with the immigration officer. I agree with you as far as immigration benefits , it would def matter more ....

Thanks for your reply.  I follow your logic and agree.  But the wife is painfully honest so she wants to include my adult kids.  I still disagree with her.  If you are able, can you post how it went at the interview re: the husbands kids not listed on your form?  Good luck!

Note:  I am the U.S. citizen sponsor.  All info below applies to my immigrant wife.

______________________________________________________________________________________

I-130 (CR1)

April 13, 2011: Married in China.
February 2, 2012: Interview 09:30 a.m. APPROVED!!!
March 2, 2012: POE JFK
March 17, 2012: Received SSN card.
April 5, 2012: 2-yr Green Card in hand

________________________________________________________________________

I-751 (ROC)

December 15, 2013: I-751 mailed to USCIS

June 9, 2014: ROC Approved per I-797C received 6-13-2014

June 17, 2014: New 10-yr Green Card in hand!

________________________________________________________________________

N-400
March 29, 2017:  N-400 mailed to USCIS
March 31, 2017: N-400 Received by USCIS per I-797C
April 27, 2017:  Biometrics completed
September 23, 2017:  Received I-797C for interview!

October 24, 2017:  Interview, passed all tests but "decision cannot yet be made"

October 30, 2017:  Received email that Oath ceremony has been scheduled, letter to follow with date and other info. 

                                  USCIS case status updated w/same message as email.

November 2, 2017:  Oath ceremony letter received scheduled for Nov. 7, 2017.

November 7, 2017:  Oath Ceremony, Certificate of U.S. Naturalization in hand!!!

________________________________________________________________________________________

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Filed: Timeline
2 hours ago, floridadave said:

Thanks for your reply.  I follow your logic and agree.  But the wife is painfully honest so she wants to include my adult kids.  I still disagree with her.  If you are able, can you post how it went at the interview re: the husbands kids not listed on your form?  Good luck!

To be blunt "logic" does not apply here. It doesnt matter if you find it logical or ridiculous- the instructions state 

 

Count all of your children, regardless of whether they are alive,
missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married
or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you
were not married

 

So they have to be listed. (period). Your wife is correct to be completely honest and to want to fill out the form exactly as the instructions state- however silly or N/A the questions may be.

 

As for the user who did not list the adult step children, it happens. The best thing to do is to notify the Officer when they are reviewing your form and explain you misunderstood and filled it out incorrectly and provide the info for the missing children. They will amend the form for you. (Basically in the interview they review the form line by line with you, when they get to the children its more about if they will derive citizenship when the adult does- also USCIS likes to build databases for fraud prevention reasons.)

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  • 1 year later...
  • 2 years later...
1 hour ago, humming bird said:

The form instructions should give more clarity but it doesn't.

 

Which part is not clear?  Here again are the instructions from page 9 of https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf --

 

"Item Number 1. Indicate your total number of children. Count all of your children, regardless of whether they are alive, missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.

Item Number 2. Provide information about all your children listed in Item Number 1., regardless of age. If needed, use a separate sheet of paper to provide the information requested. Provide the following information for each child including the child’s current legal name; A-Number (if applicable); date of birth; country of birth (type or print the name of the country at the time of your child’s birth, even if the name changed); relationship to you (for example, biological child, stepchild, legally adopted child); and current address."

 

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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread from 2017 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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