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br9k

Childrel left off N400

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Filed: Timeline

 I just submitted a US citizen marriage based N400 online. After it went through (and payment was accepted) - realized that I probably should have included US citizen spouse children from the previous marriage on the application (the applicant/LPR is not a legal guardian of the children, but it sounds like the application definition of a "step child" would apply to pretty much all children of a spouse?)

 

So, the questions are:

- Is this something that requires proactive attempt to fix on our part? Or do we wait for the USCIS to get to the case and ask?

- If not - will USCIS care (and if so - will they send an RFE? Wait and ask at interview?)

 

Advice appreciated!

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  • 5 months later...
On 4/22/2019 at 6:00 PM, br9k said:

FWIW, today at N400 interview spouse asked whether we should have put my children (from the previous marriage) on the N400 application. The officer replied that since they are not her children, they don't need to be on the form.

As always, YMMV, but that's our data point. 

I was wondering about this too.. I have a daughter from my ex and we are not married, and she is not living with me,I am not sure if I should put her on the list since he is not my husband's daughter?

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Filed: Timeline
1 hour ago, Ms Per said:

I was wondering about this too.. I have a daughter from my ex and we are not married, and she is not living with me,I am not sure if I should put her on the list since he is not my husband's daughter?

Are you or your husband the N400 applicant? If it's you - you should list all your actual children. If it is your husband - your child isn't really under any category listed on the N400, so IMO can be left off. 

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1 hour ago, br9k said:

Are you or your husband the N400 applicant? If it's you - you should list all your actual children. If it is your husband - your child isn't really under any category listed on the N400, so IMO can be left off. 

I’m the applicant. Thank you 😊 

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Filed: Timeline

As far as I understand, as an applicant you are supposed to list all your actual children. In particular, as a woman, it may be difficult to argue that you did not know a certain child existed. 

 

My original post was about children of a spouse of an applicant, that were not legally adopted by the applicant. 

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