Forgot to add stepson on N-400....

B

barry4me

Registered Users (C)
Hi All,

So I was trying to make sure I got all the information on the N-400 I submitted, but going back I forgot to add my stepson on the form.

He is my husband's son from some girl in high school,never married before. Long story short, my husband was told by court order and paternity test that he had a son who was 7 years old..so he has no bonding with this child....but he's been estranged for about 3 years now..we have no contact with him, We don't know where is he. Hubby is current with child support payments though...

My husband and I have a 6 month old daughter, who I added on the form....

Will the IO consider it concealing info. in the form? I wasn't even thinking of him when I filled out that section....I will bring the court orders we received and my hubby's paystibs showing child support garnishments.....
 
I don't think he actually qualifies as being your stepson. Are you legally his stepmother? If not, I wouldn't list him. If yes, then I would just update the information when it's time for your interview. Mistakes like these are very common. I wouldn't worry about it.
 
rick92 said:
If the child is not your natural or adopted son, you should NOT list him/her on your N-400 application.- :D
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The N-400 instructions make no distinction between between legally adopted or stepchildren. In other words, you must list step children whether you legally adopted them or not.


A. Write the total number of sons and daughters you have had. Count all of your children, regardless of whether they are:

Part 9. Information About Your Children.
1. Alive, missing, or dead;
2. Born in other countries or in the United States;
3. Under 18 years old or adults;
4. Married or unmarried;
5. Living with you or elsewhere;
6. Stepsons or stepdaughters or legally adopted; or
7. Born when you were not married.
 
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Mr Vertigo said:
I don't think he actually qualifies as being your stepson. Are you legally his stepmother? If not, I wouldn't list him. If yes, then I would just update the information when it's time for your interview. Mistakes like these are very common. I wouldn't worry about it.
Click to expand...

Legal definition of stepchild:

A child born to your spouse before your marriage whom you have not legally adopted.

You must list step children regardless of whether you legally adopted them or not.
 
Thanks for the info.

But we have no address for my stepson, we don't know where he is.....If I add him at the interview, will the IO acccept that there's no address for him???
 
Again , refer to the N-400 instructions:

B. Write information about all your sons and daughters.In the last column (''Location''), write:

1. "With me" - if the son or daughter is currently living with you;
2. The street address and state or country where the son or daughter lives - if the son or daughter is not currently living with you; or
3. "Missing" or "dead" - if that son or daughter is missing or dead.

If you need space to list information about additional sons and daughters, attach a separate sheet of paper.




The IO won't have any issue with you saying "unknown address" at interview.
 
I have another thread with regards to this matter. I have 3 stepchildren and I was having difficulty/confused whether to put them on my application or not, since I didn't legally adopt them.

By the way, with the question, how many times have you been married, what answer should we put, is it one (1), if you're not married before and presently married?

Thanks for your information, Bobsmyth.
 
rjmco said:
I have another thread with regards to this matter. I have 3 stepchildren and I was having difficulty/confused whether to put them on my application or not, since I didn't legally adopt them.

By the way, with the question, how many times have you been married, what answer should we put, is it one (1), if you're not married before and presently married?

Thanks for your information, Bobsmyth.
Click to expand...

If you have 3 stepchildren you must list them per instructions, regardless of if you adopted them or not.


As for married question, you would put 1 if it's your only marriage.
 
RE: CORRECTION - You must list stepsons or stepdaughters

“Child” is a very detailed and specific term for immigration
purposes.

Generally, a “child” is defined as:

[A]n unmarried person under twenty-one years of age who is —
A) a child born in wedlock;
B) a stepchild, whether or not born out of wedlock, provided the child
had not reached the age of eighteen years at the time the marriage creating
the status of stepchild occurred;
C) a child legitimated under the law of the child(s residence or domicile,
or under the law of the father(s residence or domicile, whether in
or outside the United States, if such legitimation takes place before the
child reaches the age of eighteen years and the child is in the legal custody
of the legitimating parent or parents at the time of such legitimation;
D) a child born out of wedlock, by, through whom, or on whose behalf
a status, privilege, or benefit is sought by virtue of the relationship of
the child to its natural mother or to its natural father if the father has
or had a bona fide parent-child relationship with the person;
E) a child adopted while under the age of sixteen years if the child has
been in the legal custody of, and has resided with, the adopting parent
or parents for at least two years: Provided, That no natural parent of
any such adopted child shall thereafter, by virtue of such parentage, be
accorded any right, privilege, or status under this Act; or
F) a child, under the age of sixteen at the time a petition is filed in his
behalf to accord a classification as an immediate relative under section
201(b), who is an orphan because of the death or disappearance of,
abandonment or desertion by, or separation or loss from, both parents,
or for whom the sole or surviving parent is incapable of providing the
proper care and has in writing irrevocably released the child for emigration
and adoption; who has been adopted abroad by a United
States citizen and spouse jointly, or by an unmarried United States citizen
at least twenty-five years of age, who personally saw and
observed the child prior to or during the adoption proceedings; or
who is coming to the United States for adoption by a United States citizen
and spouse jointly, or by an unmarried United States citizen at
least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child’s proposed residence.
 
rick92, You're confusing legal definition of child for immigration purposes. N-400 instructions are one thing, definition for immigration benefit purposes is another.
 
I need to submit form N-400. I'm divorced now from a woman with a child from her previous relationship which I never legally adopted.
Do I need to list this child as my stepson in spite the fact I'm not married now to his mother.
 
assis said:
I need to submit form N-400. I'm divorced now from a woman with a child from her previous relationship which I never legally adopted.
Do I need to list this child as my stepson in spite the fact I'm not married now to his mother.
Click to expand...
If I were you, I would not put him on the form but mention during the interview. You have no legal obligations to this former stepson.
 
assis said:
I need to submit form N-400. I'm divorced now from a woman with a child from her previous relationship which I never legally adopted.
Do I need to list this child as my stepson in spite the fact I'm not married now to his mother.
Click to expand...

Normally, the step-relationship ends with divorce UNLESS you and that child maintain contact and continue in a relationship.
For what constitutes a continuing relations start here: http://www.justice.gov/eoir/vll/intdec/vol18/2882.pdf

The most recent decisions on this are:

Matter of MORALES, 25 I&N Dec. 186 (BIA 2010)

A stepparent who qualifies as a “parent” under section 101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2) (2006), at the time of the proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. § 1229b(b)(1)(D) (2006).

Matter of PORTILLO-GUTIERREZ, 25 I&N Dec. 148 (BIA 2009)

A stepchild who meets the definition of a “child” under section 101(b)(1)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. § 1229b(b)(1)(D) (2006).

There are further cases on topic, a few of the more recent ones identified by interim decision numbers are: criteria for determining existence of step-relationship; #2720, 2754, 2792, 2844, 2882, 3056 and found at: http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html
 
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König said:
If I were you, I would not put him on the form but mention during the interview. You have no legal obligations to this former stepson.
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So:
1. If I will not put him on the form Will the IO consider it concealing info ? what might be the consequences ?
2. If I will put him on the form since he was my stepson in the past what could be wrong ? what might be the consequences for me in this case ?
 
assis said:

Thanks BigJoe5 for the legal information but what is bottom line ? what would you do ?
Click to expand...

IF you maintain a relationship, list the kid(s). IF NOT, then don't.

Legally, the step-relationship no longer exists EXCEPT by choice and by actions that evidence a continuing relationship. Some folks marry and have stepchildren and the biological parent (spouse) dies but the stepparent keeps the stepchildren for a variety of reasons. Some reasons are that the other biological parent is unknown, unavailable, unwilling, unable, incapacitated, an invalid, incarcerated, missing, dead, or a deadbeat, or ?????



Some years from now if someone is trying to prevent deportation based on a step-relationship that ceased to exist long ago, they will be deported.

Just some food for thought for all who see this.
 
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BigJoe5
I don't maintain a relationship but the instructions for form N-400 are: "...write the total number of sons and daughters you have had. count all of your children, regardless of whether they are: ....stepsons or stepdaughters or ..."
I think the keywords are you have had. what do you think now ?
For argument sake, If I will put him on the form since he was my stepson in the past what could be wrong ? what might be the consequences for me in this case ?
 
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