I-751 - Wills

I am the CONDITIONAL RESIDENT.

Could we submit copies of our witnessed handwritten wills as part of the supporting documents?

On Part 4 of the I-751 form, should I write NONE on my wife's middle name? She stopped using her middle name after our marriage and filing the Form I-130(approved). Her social security card, driver license, and our utility & phone bills show her name without the middle name. Our bills also show my name. By the way, her current name is also her maiden/last name which is different from mine.

On Part 5, should I write NONE as my wife and I don't have children together...although she has child from a previous marriage?

Please advise.

Thanks,
August

august

Comments

Regarding Part 5 of I-751

Regarding Part 5 of I-751 form, I read your Step-By-Step guide ...you wrote that only the children of the Conditional Resident (if any) should be listed. So I don't have any children...so I think I should write NONE.
What do you think?

Phil's picture

Actually, the form is not

Actually, the form is not really clear. The form asks for information about the conditional resident and the spouse of the conditional resident in various sections but does not specify who they are referring to when they say "your children" in Part 5. I assume that they mean children of the conditional resident which makes sense given the purpose of the form so that is what I would include here. You may just make a note in your cover letter that you only included children of the CR in part 5. since that is not clear.

Phil's picture

Submitting executed copies of

Submitting executed copies of your wills could be good evidence if it shows each other as beneficiaries. Although a handwritten will is enforceable in most states the USCIS officer likely won't know this and he/she may not give it as much weight as if it was a formal type-written will. I still think its good evidence and worth submitting.

Regarding part 4, if she is no longer using a middle name you should be ok writing "NONE" but I would explain this to the USCIS in your cover letter.

On part 5 I would include all children of you and your wife even if they aren't both your children.

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