N400 application and spouse's children/child support

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seekanswers

New Member
Hi,
I am in California, getting ready to apply for citizenship based on my 3yr marriage to USC. Do I need to list my husband's 2 children from his prior marriage on my application? (I think the application said to list stepchildren). They do not live with us and he has been paying child support - although recently, due to some legal issues with his ex-wife he is disputing the child support and has not made payments for a few months while the matter is being resolved.

My question is - can this affect my citizenship application? I have never been a part of the child support arrangement as the children were born before I married my spouse. (Although of course I would willingly support him if he ever needed my assistance.)

Any advice is appreciated. I don't want to fall into the category of having "bad moral character" because of my husband's child support issue.

Thanks for your help.
 
I don't think you have anything to worry about, since natz is an individual event, and has no relationship to your husband's obligations.

Sorry, can't advise re: listing your step-children or not, but probably not a big deal either way. Simply discuss it with the IO during interview, and they will update the form appropriately.
 
The USCIS Field Adjudicator's Manual states:

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 wou ld include listing stepchildren and children born out of wedlock.
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Thanks for the information. I really appreciate it. Interestingly enough, the N400 says list any children you have had...then it goes on to include stepchildren. Technically you don't "have" stepchildren...I guess you "acquire" them?!!

Still unsure what to do...but this is great information to start. Thanks again!
 
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