i 751 step child condition Removing

[javaid57 0]

Hi,

 

I am ready to file my step son and my spouse green card condition removal.

My situation is

 

My in laws are living in new york, my wife had son in her previous marriage, they came on visit visa then we got married. Her brother was citizen and living with his family and my mother in law.when we got married my step son was already admitted in nearby PS school where my in laws living because he was attached with my mother in law and family.After marriage my wife shifted w ith me and they both got conditional green card. we never disturb my stepson studies,usually we went on weekend to see all my in laws family and we stayed with them on weekend.My wife got a job ,first she joined 5 days a week then last year my mother in law got sick and received home aid service from medicaid,During that time my wife brother got job in other state, He left new York with his family but mother in law is still living in same apartment.4 days her other relative living with my mother in law and 3 days we stayed with her. we never change our address.Now according to the situation and physical address, stepson is not living with us.Now what should i do?in i 751 part 5 item # 4 (is this child living with you) what should i give answer?Please help.if we say he is not living with us situation will be difficult for us.

Edited August 5, 2019 by javaid57

[Georgia16 2,858]

You have to be honest you can not lie on an USCIS form.

[Going through 5,668]

48 minutes ago, javaid57 said:

Now according to the situation and physical address, stepson is not living with us.Now what should i do?in i 751 part 5 item # 4 (is this child living with you) what should i give answer?

The child is not living with you, so answer honestly.

 

49 minutes ago, javaid57 said:

if we say he is not living with us situation will be difficult for us.

If it does come up, you can easily explain why the child doesn't live with you.  It doesn't make you "look bad", if that's your fear--- parents do what is best for their children at the time, for financial/emotional well-being/what-have-you the child lives elsewhere temporarily.   Any IO (if it does come up or you have to attend an interview---many ROC applicants do not have an interview) would be more interested in whether the parent is providing financial support for the child while living elsewhere...not so much focused on the ins and outs of why the child is elsewhere right now.

[Georgia16 2,858]

53 minutes ago, Going through said:

The child is not living with you, so answer honestly.

 

If it does come up, you can easily explain why the child doesn't live with you.  It doesn't make you "look bad", if that's your fear--- parents do what is best for their children at the time, for financial/emotional well-being/what-have-you the child lives elsewhere temporarily.   Any IO (if it does come up or you have to attend an interview---many ROC applicants do not have an interview) would be more interested in whether the parent is providing financial support for the child while living elsewhere...not so much focused on the ins and outs of why the child is elsewhere right now.

The child is a GC holder got GC because mom got one so I don’t totally agree. Why should child come here to live with mom and get GC to live some place else. From the eyes of CO it doesn’t look totally fine. 

[Going through 5,668]

22 minutes ago, Georgia16 said:

The child is a GC holder got GC because mom got one so I don’t totally agree. Why should child come here to live with mom and get GC to live some place else. From the eyes of CO it doesn’t look totally fine. 

I'm assuming the child is living elsewhere temporarily.  The requirement (unless a divorce waiver issue) is that the couple (in this case the parents) must live in marital union. Even then---living in marital union doesn't mean physically living in the same home, either, for ROC purposes.  I don't believe there's a requirement that the child must live with the beneficiary parent throughout the entire process for their own ROC.  .

 

It's not the ideal situation, but it doesn't face an automatic denial either.

Edited August 6, 2019 by Going through

[Georgia16 2,858]

2 minutes ago, Going through said:

I'm assuming the child is living elsewhere temporarily.  The requirement (unless a divorce waiver issue) is that the couple (in this case the parents) must live in marital union.  I don't believe there's a requirement that the child must live with the beneficiary parent throughout the entire process for their own ROC.

 

It's not the ideal situation, but it doesn't face an automatic denial either.

Its been over two years. I would think that would be questionable. 

[Going through 5,668]

Just now, Georgia16 said:

Its been over two years. I would think that would be questionable. 

Absolutely it may be brought into question.  As I said above, OP can explain why the child is living elsewhere if it does come up (either through RFE or during an interview if there is one)...couples do live apart for whatever reasons (financially, work, etc) and survive the ROC process.  Military couples may live separately for quite a while.  Some people lose their children temporarily (court-ordered) and the child is able to ROC while living elsewhere.  Not  the same situation, naturally, but shows there is some wiggle room in the adjudication/eligibility....OP does say they visit the child quite frequently (every week it sounds like for a few days at a time, from the original post, unless I misunderstood) so it's not like he was shipped off somewhere for 2 years and forgotten about.

 

If need be, I suppose they could also include some sort of affidavit/statement to strengthen their case and/or explain the living arrangements, mentioning any financial support given to the child, visits, what-have-you.

[Georgia16 2,858]

3 minutes ago, Going through said:

Absolutely it may be brought into question.  As I said above, OP can explain why the child is living elsewhere if it does come up (either through RFE or during an interview if there is one)...couples do live apart for whatever reasons (financially, work, etc) and survive the ROC process.  Military couples may live separately for quite a while.  Some people lose their children temporarily (court-ordered) and the child is able to ROC while living elsewhere.  Not  the same situation, naturally, but shows there is some wiggle room in the adjudication/eligibility....OP does say they visit the child quite frequently (every week it sounds like for a few days at a time, from the original post, unless I misunderstood) so it's not like he was shipped off somewhere for 2 years and forgotten about.

 

If need be, I suppose they could also include some sort of affidavit/statement to strengthen their case and/or explain the living arrangements, mentioning any financial support given to the child, visits, what-have-you.

I agree that they definitely need to include that and maybe show they still have him covered on medical and all that. 

 

[javaid57 0]

2 hours ago, Georgia16 said:

The child is a GC holder got GC because mom got one so I don’t totally agree. Why should child come here to live with mom and get GC to live some place else. From the eyes of CO it doesn’t look totally fine. 

in start our financial condition was not good, after one year my wife got job then her mother got sick and she started to take care of her mother and joined CDPAP for her mother in which family member can do take care and get paid.now first 3 days of week  she is working with somewhere else and friday saturday and sunday stayed with her mother and son to take care.i also went there on weekend and stayed with them.so child is not isolated,we are supporting him. Medically he is covered under my insurance means me, my wife and his insurance are together.all other expense we are bearing,

Edited August 6, 2019 by javaid57

[javaid57 0]

12 minutes ago, javaid57 said:

in start our financial condition was not good, after one year my wife got job then her mother got sick and she started to take care of her mother and joined CDPAP for her mother in which family member can do take care and get paid.now first 3 days of week  she is working with somewhere else and friday saturday and sunday stayed with her mother and son to take care.i also went there on weekend and stayed with them.so child is not isolated,we are supporting him. Medically he is covered under my insurance means me, my wife and his insurance are together.all other expense we are bearing,

in start our financial condition was not good, after one year my wife got job ,then after few months her mother got sick and she started to take care of her mother and joined CDPAP for her mother in which family member can do take care and get paid.now first 3 days of week  she is working in some office and friday saturday and sunday stayed with her mother, get paid from government on w2 , she have evidence that she is taking care of her mother and her son is also there during her job.i also went there on weekend and stayed with them.so child is not isolated,we are supporting him. Medically he is covered under my umbrella.all other expense we are bearing,

[javaid57 0]

17 hours ago, Georgia16 said:

Its been over two years. I would think that would be questionable. 

Please help.

[Georgia16 2,858]

6 minutes ago, javaid57 said:

Please help.

With what?

 

I never said you had abandoned the kid I just said I can see from immigration stand point that it can create some issues. 

 

You can do as @Going Through said and include everything with medical and so on showing that you still take care of him and maybe a letter explain why he lives with the grand mother.