Forgot do add stepdaughter to N-400 application

M

mi2uor

Registered Users (C)
Hello,

I found similar thread here so please help me with my issue.

I am after sending ma N-400 application and also after interview. I didn't include my stepdaughter (dauhter of my wife) in N-400 appl. and I didn't also mention nothing about her during interwiew. It eas my mistake I though I shoud say only about addoped kids. USCIS wanted me to sent proof of child support - I have also 2 kids I am biological father and they stay with my wife and stepdaughter abroad waiting for visas. In this child support statement I also didn't include my stepdaugter?

What I should do now? Set an InfoPass appoitment and say about my mistake?
Can I be considered as I lied to immigration officer?

Thanks for all your responses...
 
Help us understand a few more things:
#1. So you already filed N400, and the interview is also over? Basically, which stage of processing are you in?
#2. Apart from asking for documents, did the IO say anything about lying?
#3. If you have not already, start preparing the support document.
#4. What is the current expectation of CIS from you? Is it from the interview, a-post interview letter, or verbal? When do you need to submit it?

Don't worry about lying yet. Establish the facts and then let's go from there.
 
#1. I filled an application and I had an interview April 12, 2010. Then USCIS wanted me to send Proof of Child support until May 12, 2010. In both documents I didn't include my stepdaughter - I thought she has to be addopted by me.
#2. IO didn't say nothing about lying, just wanted me to proof support for my kids.

#4. I send Statment from my wife that I support my kids still without saying anything about my stepdaughter. Now I am waiting for decision from USCIS.
 
Don't worry too much about this. Looks like it is anyway out of your hands until they approve or deny.
But the issue sounds like an honest mistake and CIS does not usually penalize these as long as people correct them without being pushed/accused.
 
mi2uor said:
Hello,

I found similar thread here so please help me with my issue.

I am after sending ma N-400 application and also after interview. I didn't include my stepdaughter (dauhter of my wife) in N-400 appl. and I didn't also mention nothing about her during interwiew. It eas my mistake I though I shoud say only about addoped kids. USCIS wanted me to sent proof of child support - I have also 2 kids I am biological father and they stay with my wife and stepdaughter abroad waiting for visas. In this child support statement I also didn't include my stepdaugter?

What I should do now? Set an InfoPass appoitment and say about my mistake?
Can I be considered as I lied to immigration officer?

Thanks for all your responses...
Click to expand...

See this relevant thread:
http://forums.immigration.com/showt...plication-and-spouse-s-children-child-support

According to a quote from the USCIS Adjudicator's Field manual, quoted there, step-children are not considered your children for naturalization purposes:
"Chapter 74.2(f) Part 6 of the N-400: Information about Your Children .

(1) Introduction . Part 6 of the N-400 contains information about the applicant’s children. The applicant’s answers to this part of the N-400 can give you additional information about his or her residence, physical presence, and admission for permanent residence. Examining information regarding the applicant’s children is also important when addressing good moral character issues and possible areas where fraud may be involved.

(2) Definition of a Child. The definition of a child that generally applies for nationality and naturalization is defined in section 101(c)(1) of the Act. This definition of a child does not include stepchildren; for nationality and naturalization purposes, a stepchild is not considered the child of a stepparent. Similarly, for nationality and naturalization purposes, a child born out of wedlock is not considered the child of his or her father if the father has not legitimated him or her or if he or she was not in the father’s custody when he legitimated him or her. However, the N-400 does ask the applicant to list all of their children which would include listing stepchildren and children born out of wedlock."

However, it does look like they would like the stepchildren to be listed in part 6 of N-400 anyway.

Still, I'd suggest that you do nothing for the moment and wait to hear back from USCIS.
 
Last edited by a moderator:
Thanks for all your answers...
I just started to panic about because I have to wait so long...
 
mi2uor said:
Hello,

I found similar thread here so please help me with my issue.

I am after sending ma N-400 application and also after interview. I didn't include my stepdaughter (dauhter of my wife) in N-400 appl. and I didn't also mention nothing about her during interwiew. It eas my mistake I though I shoud say only about addoped kids. USCIS wanted me to sent proof of child support - I have also 2 kids I am biological father and they stay with my wife and stepdaughter abroad waiting for visas. In this child support statement I also didn't include my stepdaugter?

What I should do now? Set an InfoPass appoitment and say about my mistake?
Can I be considered as I lied to immigration officer?

Thanks for all your responses...
Click to expand...


Mr./Ms....
My understanding of your situation is: you wanted to include your step daughter in your naturalization
application so that your stepdaughter will come with your wife for future visa petition. At this stage, I would
suggest that you leave your application the it is...have them make decision on your file the it is...Do not
request any addition as this may cause a delay. Once your application is approved and time to petition for
your wife comes, then you can include your stepdaughter in the visa application and explain her situation in
cover letter. I have seen a number of cases like this, and they had no problem...
Also your case is a bit unusual...I have seen many individuals who listed their children in their naturalization
application and never got asked any prove of child support....Normally, prove of child support comes when US
citizens petition for their children for visa......so do not make your case any more complicated.....do not add
anything more....good luck
 
Need your advice one more time...


Thanks for all responses. It was really helpful so I am lucky American citizen now.

It is time to fill I-130 petitions for alien relatives now and I am still not sure what I should do.
My stepdaughter is 12 yo now and my wife wasn't married with biological father. My wife has also court order to have full parental rights for her.

How to apply for stepdaughter in this case? What should I do?
 
For the I-130 Petition, in the case of petitions filed for Immediate Relatives (IR's) of a USC, you must file a separate petition for the spouse and each child. The children do not ride on their mother's petition.

In the I-130 context, a different statutory definition applies and DOES include stepchildren when the marriage creating that realtionship happened before the child turned 18; and the child may be petitioned while unmarried and under 21.

NOTE: IR's also includes parents and qualifying stepparents but the USC petitioner must be at least 21 to file.
 
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