Stepsons / Stepdaughters

[curiousGeorge]

In part 9 of the N-400 form, the instructions say to include stepsons and stepdaughters.

If I am divorced, do I need to include my ex-wife's children on this list, even if they never lived with me when we were married?

What about children born to my ex-wife AFTER we divorced?

 

[namecheckvictim]

It asks about your children, to determine if under 18 they are living with you or not, if not and under 18 they will require child support payment proof and so forth as a part of establishing GMC.

 

[curiousGeorge]

This leads one to understand otherwise:

Write the total number of sons and daughters you have had. Count all of your children, regardless of whether they are:
Alive, missing, or dead;
Born in other countries or in the United States;
Under 18 years old or adults;
Married or unmarried;
Living with you or elsewhere;
Stepsons or stepdaughters or legally adopted; or
Born when you were not married.

 

[curiousGeorge]

Ok, the more I dig, the more I get confused.

My lawyer advised me to list the same children that were on the green card application. However, what has confused me even further was when I read the Adjudicator's Field Manual.

Chapter 74.2(f) Part 6, Section 2 states:

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.

http://www.uscis.gov/portal/site/us...7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

 

[curiousGeorge]

But I'm starting to think that these are considered "ex-stepchildren", which are not specified. Since this is an ex-wife, her children are no longer my stepchildren, thereby being "ex-stepchildren".


What to do? Will I get denied if I don't list them?

 

[Mickey_32]

There shouldn't be any risk in listing them, since they ask for any children (including step children) that you have or ever had. Why risk being called out for withholding any information if there's not downside to adding a few more names to that list?

 

[Jackolantern]

Your ex-wife's children still count as your stepchildren if you were married to her while they were alive. Upon becoming a US citizen, you can potentially sponsor those stepchildren for a green card even after the divorce and even though they didn't live with you, so USCIS wants to know about them. But you would not list any of her children who died before you married her, or were born after you divorced her (assuming that you aren't their father, of course).