Bring child support documents???

B

barry4me

Registered Users (C)
Hello All,

I applied based on three year marriage. My interview is on the 18th.

My question is , do I need to bring proof that my husband is supporting his son from his previous relationship?
I mean it's not like my husband is applying for Citizenship (he's a citizen by birth). but can they ask me for proof of his support?

We have not had contact with the child for two years now, don't even know where they live anymore, but my husband is paying child support, insurance, etc.

I did not add his son on N-400 (didn't know I had to), but I am bringing an updated page for the IO with the child's information.

Thank you all !!!
 
barry4me said:
...My question is , do I need to bring proof that my husband is supporting his son from his previous relationship?
I mean it's not like my husband is applying for Citizenship (he's a citizen by birth). but can they ask me for proof of his support? I did not add his son on N-400 (didn't know I had to), but I am bringing an updated page for the IO with the child's information...
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I don't think your husband's legal status in terms of whether he pays his child support payments has any bearing on your N-400. The requirements for naturalization have to do with the individual who is applying, namely you.

With regard to listing this child's details on your N-400, this is one of those mystifying requirements on the N-400. The applicable instruction for the N-400 on Page 4, Part 9, A, 6, says "stepsons or stepdaughters or legally adopted". So apparently, you are correct to take an updated page for your interview, but it is a bizarre requirement because you have absolutely no legal tie to this child.

Good Luck at your interview!
 
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Your best bet is to talk it over with your IO let him decide if you need to add the child or not at all,,

also if you do have the proof that your husband is supporting his son then just bring it along sure you might not need it but better safe than sorry...

in any case good luck on the 18 :)
 
He is your step son

You need to add him to your N400 application and provide proof of child support payments. If you are employed, and your husband loses his job, his ex-wife can come after you for child support.
 
485TSCjune2001 said:
You need to add him to your N400 application and provide proof of child support payments. If you are employed, and your husband loses his job, his ex-wife can come after you for child support.
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Proof of child support payments is only required if the applicant was ordered by the courts to do so. A "what if" scenario isn't valid until that scenario actually happens (ie:applicant is ordered by courts to pay child support after spouse's ex sues for payments).
 
barry4me said:
Can I be ordered to pay child support if my spouse fails to do so? Is that even legal?
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She can sue by going after your income if your husband fails to pay for whatever reason, but it's up to the courts to grant and enforce the suit.
 
Her step son needs to be added to the N400. And as per the Application Instructions, if the child is not living "with you", you need to provide proof of supporting the child. Which means she needs to take along with her proof that her husband is consistently paying child support and all other legal obligations towards him (medical, daycare, etc).
She is his Step Mother - a legally valid relationship. She better be able to prove that her step son is being cared for properly.
 
485TSCjune2001 said:
Her step son needs to be added to the N400. And as per the Application Instructions, if the child is not living "with you", you need to provide proof of supporting the child.
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The N-400 instructions state you need to disclose all children, regardless of whether they live with you or are stepsons/stepdaughter. However, the N-400 instructions do not state that you must provide proof of child support ordered by your spouse ex-wife.

http://www.uscis.gov/files/form/n-400ins.pdf

485TSCjune2001 said:
Which means she needs to take along with her proof that her husband is consistently paying child support and all other legal obligations towards him (medical, daycare, etc).
.
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Again, the applicant hasn't been ordered to pay child support by the courts so there is no need to supply that information. Failure to pay child support can only be used if it was court imposed to the applicant, not the applicant's spouse. The spouse's ex wife would first have to sue the current wife and win in court to make it a legally binding obligation.
485TSCjune2001 said:
She is his Step Mother - a legally valid relationship. She better be able to prove that her step son is being cared for properly
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Only if she was ordered by the courts to do so. The settlement agreement of a previous divorce do not automatically make the new spouse liable for non-payment by spouse.
 
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My husband was never married to this woman. They went to college together and she had his child without his knowledge. We all found out through a paternity test about his son when the child was 6 years old.
Can the courts still come after me for his child support?
We don't even know where the child is, the mother has not allowed contact with the child for over two years now.
 
It does not matter that they were never married. It also does not matter how he found out about all of this. That is all history and moot. As for the mother not allowing contact...your husband can and has the right to do something about that (if he wants to that is). As for your question about whether you can be sued for the support of your stepson....I know you don't want to hear it...but the answer unfortunately is YES.
 
According to the instructions, a step child must be disclosed. The applicant will provide the proof of child support, only if the applicant is ordered by the court to pay. This is to demonstrate good moral character of the applicant. So if the applicant's spouse pays the court ordered support, the applicant does not need to provide the proof of support.

Please share your interview experience. Good luck.
 
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