US citizenship through marriage

[Molyong 0]

So here is the situation.

i am the us citizen and I petition my husband i-130. he got his ROC green card then last December 2019 he also removed the condition and he had a 10 yr green card. And he wanted to apply citizenship. We went to processing immigration services to help us out, but can’t help as due to missed information. My husband had a daughter and I didn’t include it in the petition, we want it to include his daughter in the N400 application. What should we do?

[Georgia16 2,858]

More information needed about the daughter. A child is not included in a N-400 petition but if the child is under 18, in custody/resides with the parent and has to be a permenant redident then the child will automatically become a usc when parent does. 

 

Can be a problem that the child was not mentioned n any forms and I guess that also means that the child is not a permenant resident?

[Just Paul 4,595]

33 minutes ago, Molyong said:

My husband had a daughter and I didn’t include it in the petition

Did you know about the daughter when you filed the I-130?

[Molyong 0]

So we didn’t include the child on previous petition. And failed to answer yes in the question have you have a child? It’s because the child that time is still not under my husbands custody. 

Can we still apply US citizenship and include the child on the petition?

or apply citizenship and exlude the child?

[Molyong 0]

4 minutes ago, Paul & Mary said:

Did you know about the daughter when you filed the I-130?

Yes! It’s just that we didn’t include her because she’s not under my husbands custody

[Molyong 0]

Just now, Molyong said:

Yes! It’s just that we didn’t include her because she’s not under my husbands custody

And the child might not want to be petition at that time

[Georgia16 2,858]

1 minute ago, Molyong said:

And the child might not want to be petition at that time

No excuse. It clearly says to list all children even if they were not immigrating. 

[NikLR 13,234]

Your husband is probably going to be an LPR for some time yet.  Is he paying child support?

~~moved to citizenship discussion from general immigration discussion ~~

[Just Paul 4,595]

6 minutes ago, Molyong said:

Yes! It’s just that we didn’t include her because she’s not under my husbands custody

Didn't matter

5 minutes ago, Molyong said:

And the child might not want to be petition at that time

Children don't make those decisions.  And you didn't petition her.   And you didn't have to petition her.  You just had to list her.

 

So you husband won't be a citizen anytime soon.

 

Time to talk to an attorney.

[Molyong 0]

10 minutes ago, NikLR said:

Your husband is probably going to be an LPR for some time yet.  Is he paying child support?

~~moved to citizenship discussion from general immigration discussion ~~

Yes he does! But the child is outside US and they don’t have documentation about it. We just wait for more time then if my husband decides to be a citizen 

[Georgia16 2,858]

2 minutes ago, Molyong said:

Yes he does! But the child is outside US and they don’t have documentation about it. We just wait for more time then if my husband decides to be a citizen 

At the interview they would also want to see evidence of that. 

But long story short the daughter can't be included. 

[Molyong 0]

10 minutes ago, Georgia16 said:

At the interview they would also want to see evidence of that. 

But long story short the daughter can't be included. 

Do you know if my husband (if ever he become a citizen) or myself can petition the child in the future?

[SusieQQQ 11,588]

You need to talk to a lawyer. That is a material omission on his DS260.

[Georgia16 2,858]

1 minute ago, Molyong said:

Do you know if my husband (if ever he become a citizen) or myself can petition the child in the future?

You could but the problem is that the child was not mentioned on any forms soUSCIS would be like where does that child come from. So that has to be figured out first and therefore you guys should get a lawyer involved to try and correct this issue.

[Molyong 0]

1 minute ago, Georgia16 said:

You could but the problem is that the child was not mentioned on any forms soUSCIS would be like where does that child come from. So that has to be figured out first and therefore you guys should get a lawyer involved to try and correct this issue.

Thanks for the info

the immigration services told us as well we need it like DNA, child documents and talk to an immigration lawyer.