Need legal advice:question in Applying for US Citizenship

[luckyguy04]

Hello! I need some advice about my wife's application for US citizenship. I am a US citizen, married my wife in 2004 and she's been a LPR for almost 5 years now. I want her to apply for citizenship coz' she's eligible to apply.But we're kinda worried or hesitant to do it for the reason that she might be accused for fraud since we just listed 2 of her 6 kids when i petitioned them in 2004.When you apply for US citizenship there's a question in the form to list all your children.What should we do?Do we need an immigration lawyer on this? Your thoughts will be greatly appreciated!Thanks!

 

[BigJoe5]

WHO listed the children and on WHICH FORM?

Her children who were unmarried and under 18 when you married her became YOUR stepchildren. Any of HER children who did not become YOUR stepchildren would not have had to be listed on the I-130 that you filled out for your WIFE (you can be confused about that legality). [?Were they omitted for some REASON or just out of confusion or misinterpretation? Obviously they did not immigrate with her if they have not been disclosed ion the immigration paperwork.] {The primary reason why children don't get listed is some financial concern--can't meet the requirements for the I-864 if they are in the mix--often this is not a correct assessment or valid concern anyway.} {Other times, people believe that they cannot list children without supplying legal documentation (birth certs). However, if the children are not accompanying the parent then such evidence is irrelevant and not required.}

IF you or she later try to immigrate any of the children who were NOT disclosed at an earlier stage THEN there will be some problems. Sworn statements explaining WHY and probably DNA testing would likely become required IF any of the non-disclosed children seek any immigration benefits through the relationship(s) to you or your wife in the future.

She can take steps now to get them into the record even if there are no plans for any of them to seek an immigration benefit at this time. You never know what the future holds. She should include them in her N-400 and be prepared to explain the reason why they were not mentioned previously. This alone would not prevent naturalization.

 

[luckyguy04]

Me and my wife listed only the 2 older children in the DS- 156/157 forms. All of the kids are unmarried and under 18 years old when i married my wife.My wife and 2 older kids(they were 17 and 15 yrs old at that time) came here in the US through K3/K4 visa.The reason why the 4 other kids were omitted is because they were my wife's illegitimate children and we were worried that if we list them immigration might deny or refuse the visa.But we now realized that having an illegitimate child does not disqualify you for getting or being refused for a visa.
So i really don't know if not listing them when i petitioned my wife would cause problem for my wife's application for US citizenship.Should i hire an immigration lawyer for this?

 

[luckyguy04]

By the way, my wife was a widow with 2 kids when i married her. The 4 others was her illegitimate children after she became a widow. She was never married with the father of the 4 other kids.

 

[Jackolantern]

By the way, my wife was a widow with 2 kids when i married her. The 4 others was her illegitimate children after she became a widow.

When you married her, she only had 2 kids, but then the 4 other kids were born to another man after you married her? Really? Is that what you meant, or did you mix up the wording of what you intended to say?

So i really don't know if not listing them when i petitioned my wife would cause problem for my wife's application for US citizenship.Should i hire an immigration lawyer for this?

Definitely consult a lawyer (preferably more than one). This is not only putting her citizenship prospects at risk, but she could also lose her green card, depending on the specific details of the situation. The lawyer may conclude that it's best to just keep renewing the green card and don't take the risk of applying for citizenship.

 

[luckyguy04]

When you married her, she only had 2 kids, but then the 4 other kids were born to another man after you married her? Really? Is that what you meant, or did you mix up the wording of what you intended to say?

Sorry to confuse you..I knew beforehand and before i married my wife she has 6 children(2 from her deceased husband and 4 from her live-in partner which she never married). All of the children were minors when i married my wife thus all of them are my step-children.The reason why we did not include the 4 others was we were worried that if we include them in the list immigration might refuse or deny the visa for my wife because they are illegitimate children.


Definitely consult a lawyer (preferably more than one). This is not only putting her citizenship prospects at risk, but she could also lose her green card, depending on the specific details of the situation. The lawyer may conclude that it's best to just keep renewing the green card and don't take the risk of applying for citizenship.

The only mistake we did was just we did not list the 4 other kids when i petitioned my wife.So we might as well hire an immigration lawyer for this.

 

[Jackolantern]

The only mistake we did was just we did not list the 4 other kids when i petitioned my wife.

So the other 4 kids were already in existence when you married her?

So we might as well hire an immigration lawyer for this.

Arrange consultations with at least 2 lawyers to review the situation and discuss the risks. But don't hire them to handle the process end to end, as that would cost thousands and they'd be tempted to take your case for the money instead of giving you a genuine warning.

 

[BigJoe5]

The only mistake we did was just we did not list the 4 other kids when i petitioned my wife.So we might as well hire an immigration lawyer for this.

Something is missing in your information. Did your WIFE have 4 children with someone else while married to YOU? If yes, it smells like a sham marriage.