K-1 Adjustment of Status: How should I-485 question about children be answered?

[newfinacevisa 3]

Hi everyone,

I’m helping my fiancé(e) complete Form I-485 for adjustment of status after entering on a K-1 visa. We are now legally married. I (the U.S. citizen spouse) have children under 18 from a previous relationship.

 

My fiancé(e), the one filing the I-485, does not have any biological or adopted children, only my children through marriage.

 

Question:

On Form I-485 where it asks “Do you have any children?”, should my fiancé(e) answer “No” since the children are stepchildren and not their biological or adopted children? Or should they answer “Yes” because we are now married and my kids are technically their stepchildren?

 

Would appreciate any guidance or if anyone has faced a similar situation. Thanks!

[smilingstone 534]

Your wife doesn't have any children, so it's no.

 

Even thought you're married, your children are not legally your wife's children, so she cannot formally claim them as her own.

[TBoneTX 47,374]

Thread is moved from the K-1 Process forum to the "AOS from K Visas" main forum -- OP is at that stage.

[Dashinka 25,763]

13 hours ago, smilingstone said:

Your wife doesn't have any children, so it's no.

 

Even thought you're married, your children are not legally your wife's children, so she cannot formally claim them as her own.

I disagree.  The I485 form is pretty clear that step-children are to be listed and does not distinguish between step-children from a previous relationship vs step-children from the marriage that forms the basis for this I485.  I know, it seems redundant as the USC would have counted those children on the I129F and I134 (I864 eventually), but the I485 is a form for the beneficiary, and when they got married, they became a step-parent.

 

To the OP, I would list them.

 

Good Luck!

 

 

[Dashinka 25,763]

My memory is still good.  This same question came up recently.

 

 

[Marieke H 2,547]

The instructions on the form are very clear (page 12, part 7):

Quote

NOTE: The term "children" includes all biological or legally adopted children, as well as current stepchildren, of any age, whether born in the United States or other countries, married or unmarried, living with you or elsewhere and includes any missing children and those born to you outside of marriage.

They are not asking this question for sponsorship reasons; they want to know who your family members are. So stepchildren should be listed; there is a box in which you explain the relationship, so you can indicate if this is a biological child or stepchild.

[pushbrk 13,582]

7 hours ago, Dashinka said:

I disagree.  The I485 form is pretty clear that step-children are to be listed and does not distinguish between step-children from a previous relationship vs step-children from the marriage that forms the basis for this I485.  I know, it seems redundant as the USC would have counted those children on the I129F and I134 (I864 eventually), but the I485 is a form for the beneficiary, and when they got married, they became a step-parent.

 

To the OP, I would list them.

 

Good Luck!

 

 

List current step children.  Step children from a former marriage are no longer step children.

 

This is because of a change in the form. I did not check all versions in between 2013 and now, but the 2013 version says does not mention step children.  At some point this changed, but you would not list former step children.

 

Edited June 16 by pushbrk

[Dashinka 25,763]

59 minutes ago, pushbrk said:

List current step children.  Step children from a former marriage are no longer step children.

 

This is because of a change in the form. I did not check all versions in between 2013 and now, but the 2013 version says does not mention step children.  At some point this changed, but you would not list former step children.

 

Yep, you are correct, nice catch.