ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionWorking OFF THE BOOKS.
Is it actually illegal for the OP if *she* pays taxes but her employer doesn't? I don't know, I'm just wondering. I'm a translator and I do a bazillion small jobs for different people and I'm sure they don't report to the IRS, but I always keep track and pay taxes. But then again I'm not working full-time for any of those people, at the most they might give me three or four jobs at $40-$100 a pop over the course of a year.
sparkofcreationFemaleUnited Kingdom2006-08-29 19:24:00
Removing Conditions on Residency General Discussion1751 Payment question


They will accept your "personal" check, whether it has both your names on it or not. If the account is only in one name, you need to print your spouses name, on the note line.


ha ha, those of you who know me a little know that I usually don't worry over a thing like this--I think the Big Picture is what counts (weird, because I'm very detail oriented). Anyway, being my usual cheapskate self, I wanted to use up the checks I had leftover before ordering new ones --I mean, why waste money, right?
The thing is, I only write about 2 checks a month anymore, so it took FOREVER to get rid of the checks w/just my name on them. When we sent in the I-751 (with a personal check) I had one of those VJ moments when I wondered 'what will they think!? Just my name on the account!'

Happy to report that, just like MarcoAmer says, it doesn't matter, just include the name and A# on the face of the check. :)


PS: we finally got checks with both names printed on them earlier this year.. after 4 years of marriage!


Hehe... I guess you don't move around the way we do! We're on our third set of checks and we've only been married two years and three months.

In any case, we opened a new joint account when we got married, neither of us got added to the other's existing account.
sparkofcreationFemaleUnited Kingdom2006-09-27 20:27:00
Removing Conditions on Residency General Discussiontraveling while waiting on I-751
I believe when you get your NOA-1, there is a note on it that allows you to make an InfoPass appointment at your local office, and you go to the office and show them the letter and they put a stamp in your passport to extend your residency by one year. (If you don't have the 10-year green card by then, you can get another stamp.)

If you were approved at your interview, remember the stamp they put in your passport that day? It's the same stamp.

In other words you'll be using your passport stamp as proof of your permanent residency again, until you get the 10-year green card.
sparkofcreationFemaleUnited Kingdom2006-03-20 23:33:00
Removing Conditions on Residency General DiscussionLetters of Support
True it does not say to notarize them, but: my undesrtanding is that (legally) an affidavit is only an affidavit if it's sworn in front of a notary (or judge or someone else like that). If it's sworn but not notarized (as Sherlock and hcj did), it's a certification. If it's neither sworn nor notarized, it's a letter.

My knowledge of this, before anyone asks, is based entirely on reading motions filed by attorneys that say "Please find attached the affidavit/certification/letter of Mary Jones." And the affidavits are sworn in front of a notary, the certifications just have that language about declaring under penalty of perjury, and the letters have neither. So maybe that's just want the terms mean in the federal courts in New Mexico.

Edited by sparkofcreation, 29 September 2006 - 08:16 PM.

sparkofcreationFemaleUnited Kingdom2006-09-29 20:11:00
Removing Conditions on Residency General DiscussionWhere to file


OK OK I know I could read all the info on the guides, go to 300 differant web sites and look up if the question has been posted before but I'm lazy and I want an answer NOW!! :whistle:
where do we file the I 751?

Or, you could go to the ONE page with today's instructions; The I-751 form page at uscis.gov. You know, the page you should always check, anyway, regardless.
And read the form.


You know, I know you're frustrated with idiots who ask the same darn question every time without reading the form (as am I), but I thought it was perfectly clear from JHJ's post that she had a question that would not be answered from reading the form, which is why she chose to ask us instead. Which is what this forum is here for. I'm sure she knows what Service Center has jurisdiction over Virginia; her question was what to do if she'd be moving in the middle of the process, which is not addressed on the I-751 form, and which has caused people massive problems in the past when appointment letters arrive at the wrong address despite the address change having been done correctly. It's a valid concern, and it's not answered in either of the places you suggest.
sparkofcreationFemaleUnited Kingdom2006-08-23 08:16:00
Removing Conditions on Residency General DiscussionYellow and Green Color Changes
All applications of the same form type are one color, then the next form type is a different color. It may change depending on what types of application are being processed (i.e. if there are more or fewer types of applications being processed).

Edited by sparkofcreation, 06 October 2006 - 10:20 PM.

sparkofcreationFemaleUnited Kingdom2006-10-06 22:19:00
Removing Conditions on Residency General DiscussionHelp me confirm this
Yep, that's right.
sparkofcreationFemaleUnited Kingdom2006-10-06 22:21:00
Removing Conditions on Residency General Discussionjust wondering



To add

The 90 days is based on your Green Card Approval date, not on the date you got married.

So let's say your interview was on june 15,05, and you received your green card a month later july 05.

So(90 days from June 15, 05 so that put it) from March 15, 07 you will be within the 90 days and you can send out your application for removal.

this is my question ??
married for 1 year and 3 months got green card last month for 2 years,okay? that mean i will eb able to apply for the 10 years green card in 6 months right?because i have been married for 1 year and 3 months?? or they start counting for the AOS approval date??this is my question thanks .


If you got your greencard in Sept 06 then you can apply to remove restrictions in July 08.. The duration of your marriage has nothing to do with it !!.. you can apply 90 days before your greencard is 2 years old


June '08 actually, not July. Other than that, lquin is right.

In fact, everyone on this forum has given the correct answer, and I don't see why alibaba keeps asking over and over. The answer is 90 days before the date your 2-year card expires. Repeatedly asking whether you can remove conditions 6 months from now does not change the fact that the answer is NO, YOU APPLY 90 DAYS BEFORE THE GREEN CARD EXPIRES.
sparkofcreationFemaleUnited Kingdom2006-10-14 17:47:00
Removing Conditions on Residency General DiscussionWhat is the definition of a "child"?

...Personally, if I had to make a bet, I would bet that once a person turns 21 all bets are off (they are no longer a child) and you'd have to file separately unless there is an exception for an adult (now 21 or older) that was a child (under 21) when the original Conditional Resident petition including that child was filed...

Good luck!

Generally, there are three cases where someone a (family) petition can be filed for over-21 member:
  • immediate relative (parent, and "derivative" spouse)
  • sibling (F-4)--a category which IMO should be expunged (2 reasons: a. takes way too long--about 12 years at best case, no hope of speedup; b. in general, it sounds like a "last gasp of hope" category applicable only to those who would otherwise be ineligible to immigrate)
  • unmarried child OVER 21, of USC
None of these applicable here.


But the I-751 isn't a petition to bring the family member to the US, which the I-130 or I-129F are, or a petition to grant residence to someone in the United States like the I-485. I view it as much more similar to the I-90 (which obviously has no limits on age since it's filed every ten years forever) than anything else, *especially* in the case of a child whose original petition was derivative (and who therefore does not have to present any evidence at all on his/her own behalf in support of the I-751).

In the absence of an answer from someone who's done this, or a memo or policy statement for USCIS, I'd still say you need to speak with a lawyer.

Although I'm not entirely sure what harm it would do to just file the I-751, list your stepdaughter, and when the NOA comes, make an InfoPass appointment to get her the stamp (since AIUI the NOA doesn't mention children) by taking a photocopy of the I-751 and the NOA for your wife. At the worst, you'd find out then that she's not eligible; at the best, she'd have her residence extended and no need to worry.

It'd be nice to know, but I don't think you'd be any worse off if you did that than if you tried to find out the answer first.

Edited by sparkofcreation, 30 September 2006 - 09:54 AM.

sparkofcreationFemaleUnited Kingdom2006-09-30 09:54:00
Removing Conditions on Residency General DiscussionWhat is the definition of a "child"?

Couldn't one make an infopass appointment? Why fork over $$ to a lawyer if you don'ty have to.


Because I don't trust USCIS to give correct information, but I *do* trust them to hold it against the OP and his family if they act based on wrong information that USCIS gave them?

Most state bar associations have things where for a certain fee (usually $25 or so) you can get a half-hour consultation with a lawyer specializing in your problem with no obligation to hire the lawyer.
sparkofcreationFemaleUnited Kingdom2006-09-30 09:06:00
Removing Conditions on Residency General DiscussionWhat is the definition of a "child"?

I will be filing the I-751 to lift conditions on both my wife and stepdaughter in mid October. My wife came to the USA on a K-1 and her daughter on a K-2 at the same time. My stepdaughter was 18 years old at the time of my marriage to her mom. She was included on her mom's AoS petition and got her Conditional Residency Card well within 90 days of her mom receiving her card. Under the Who May File section of the I-751 instruction it states:

You may include your conditional resident children in your petition, or they may file separately.

My stepdaughter just turned 21 years old at the beginning of September. She is not married and lives with us. Is she a resident child and can she be included in my wife's petition?

I got this definition from the US-CIS website glossary:

Child - Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.


I found this in Sec. 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse on the US-CIS website:

(2) Dependent children. Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751). (Amended 5/23/94; 59 FR 26587)

I would think that she would be included on her mom's I-751 since she was also included on her mom's I-129F and AoS petitions. The definition of a child is what is confusing to me. We would save having to pay an extra $205 if she could be included on her mom's I-751. And it would be easier to file.

What do you think? I appreciate any opinions. Thanks.



I don't know the answer to your question, but I wanted to point out that the definition that applies here is more likely either the first one "a child born in wedlock" or the fourth "a child born out of wedlock when the application is based on relationship to the mother." That is, your stepdaughter's application is based on her relationship to her mother, not to you.

Also, I would say that either (1) she can be included on her mother's application or (2) she's out of luck because she's over 21. I don't see anything anywhere to suggest that she would need a separate application.

I'm inclined to lean towards the first (that she can be included on her mother's application) because she basically already has received the benefit--I mean, she got the K-2 (or K-4) and permanent residency while she was under 21. She's already a permanent resident, in essence all she's going to be doing is renewing her residency. I know it's slightly more complicated than that, but my understanding is that aging out applies to if you turn 21 before AOS is granted, not before the conditions are lifted.

I would say, unless you hear from other posters who were in the same situation, you should seek a consultation with an immigration attorney. And that possibly it wouldn't hurt to seek one anyway.
sparkofcreationFemaleUnited Kingdom2006-09-30 08:54:00
Removing Conditions on Residency General Discussionaffidavit for I-751
I'm a little disturbed by the idea that you wrote their affidavits yourself, frankly. Isn't that illegal? To write someone else's affidavit or certification? I mean, I know you can have them dictate it and write it down, but to write yourself what they're going to swear to makes the legalistic side of me get very nervous.

And I mean, the people who write your affidavits are really your closest friends and family. Are they really that reluctant to write a one-page letter on your behalf, that you have to do it for them?

We haven't gotten affidavits yet because we're not filing until next week [and we may not send any, since we moved cross-country halfway through and there aren't many people who've seen us both before and after the move], but we had some for our AOS, because we AOS'd while he was in the US (on a J-1) without doing a K-1 or anything first, so the AOS interview was the first time to present any evidence and we were concerned that AOS'ing from a J-1 might look suspicious.

Both the affidavits (from my mother and our roommate) were about two-thirds or three-quarters of a page long (they got them notarized and there was plenty of space underneath for the notary's stamp, seal, and signature), typed and single-spaced. I was in the room when our roommate wrote hers, and I know it took her about 20 minutes, including checking her spelling. If I had them on disk instead of only in hard copy, I'd post the text.
sparkofcreationFemaleUnited Kingdom2006-10-28 10:10:00
Removing Conditions on Residency General DiscussionI-751 form and instructions from the USCIS site

I was just looking at the updated form, and I could not find anywhere on the form the rule about a K-2 not being able to file to remove conditions if their GC was approved more than 90 days after their K-1 parent as I have read in many places, including VJ.

The only thing I could see was on page 1 of the fillable part where it says "I am a child of a conditional resident but unable to file together..."

Have the rules changed or is this rule just implied? Seems to me they should be more clear on the application itself. In our particular situation Carina (k-2) did not receive approval on the GC until 1 year after her mother's (k-1) approval.

Thanks, Dave


It's in the FAQ "How Do I Remove The Conditions On Permanent Residence Based On Marriage?"

http://www.uscis.gov...00045f3d6a1____

"If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did."
sparkofcreationFemaleUnited Kingdom2006-11-08 09:22:00
Removing Conditions on Residency General DiscussionFedEx to TSC address? Is it the one that says "courier delivery"?

I was asking about whether I should include copy of AR-11, I-865, return receipt and NOA for I-865 in my I-751 application. I just realized that you moved too before filing I-751. Are you including the above items? Thanks.


Nope. Was going to, but then I figured, why? If they ask we'll send them, but they should already be in the file, so why bother? I have enough stuff already. ;)
sparkofcreationFemaleUnited Kingdom2006-11-09 20:56:00
Removing Conditions on Residency General DiscussionFedEx to TSC address? Is it the one that says "courier delivery"?

That is a very thorough list. I am mailing mine out in a few weeks. When I collected my documents, the total page number was around 90. I thought it was a little overkilled. I am wondering how many total pages in your I-751 application.


140 pages including the cover letter, application itself, and photocopies of the green card. So 133 pages of evidence if I'm doing the math right.

We're really careful filers, so it just seemed simplest to go through our files and photocopy, say, the first page of every bank statement, rather than pulling out just some of them and possibly losing them.

We had more than a lot of people in some ways because we've moved twice and changed jobs, so for example, we had three leases (total of 5 pages) instead of one, two sets of health insurance cards instead of one, two driver licenses each, etc.
sparkofcreationFemaleUnited Kingdom2006-11-08 15:08:00
Removing Conditions on Residency General DiscussionFedEx to TSC address? Is it the one that says "courier delivery"?
When we did AOS we just used the post office (and it took less than 24 hours to arrive) but out here in New Mexico the mail kind of sucks (the state is too big and has too few postal workers) so we wanted to FedEx the application.

I know you can't FedEx to a PO box. The Form I-751 address for TSC is a PO Box and the USCIS website lists a whole bunch of PO Boxes and then at the end says:

Courier Delivery: USCIS TSC, 4141 St. Augustine Rd., Dallas, TX 75227

It doesn't give any information as to what you would send there and it seems weird that it's in a totally different city (all the PO Boxes are in Mesquite, TX) but it's all I can find. Can anyone confirm?

Bethany



---
Also, here's my list. I'm afraid that the bullet points didn't come out too well. Yes, I know it's overkill.


• Form I-751 signed by Gareth Edwards and Bethany
o Attachment: Supplement to Question 9 of Part 3 [multiple addresses].
• Two passport-style photographs of Gareth
• Check for $205.00
• Photocopy of the front and back of Gareth's Permanent Resident Card

• Apartment leases as follows:
o Gareth and Bethany , xxx, 2/20/06-2/19/07
o Gareth and Bethany ,xxx , 8/1/05-7/31/06 (move in was 7/25/05)
o Bethany , Gareth and Bethany [our former roommate], xxx, 8/1/04-7/31/05

• Tax returns, all showing Married Filing Joint status:
o 2005 Federal 1040
o 2005 xx 1040
o 2005 xx Fair Tenant Rebate Application
o Transcript of 2004 Federal 1040

• Bank account statements:
o xxxxx and xxxxxxxx Checking, account ending in xxxx: Monthly statements covering the period from 7/28/04 through 10/27/06
o xxxxxxxx Savings, account ending in xxxx: three (3) quarterly statements covering the period 12/8/05-9/7/06.

• Utility bills
o xxxxx Electric and Gas bills covering the period August 2004 through February 2006
o Verizon Wireless bills for America’s Choice II Family Shareplan, showing two lines: Gareth (xxx-xxx-xxxx) and Bethany (xxx-xxx-xxxx) for the period 8/19/04-3/19/06.
o Letter explaining that since moving to New Mexico in February 2006, none of our new utility companies will allow us to put the bill under both names.
o Power New Mexico (PNM) bills for the period 2/28/06 to 9/30/06 in the name of Gareth at xxx.
o T-Mobile bills for the period March 2006 to September 2006 in the name of Bethany at xxx.

• Car insurance cover sheets showing Bethany and Gareth :
o Geico, xxxxxx-xxxxxx.
o NJ CURE, xxxxxx to xxxxxx

• Designations of beneficiary:
o [Pension] Designation of Beneficiary application for Bethany designating Gareth .
o [Life insurance] Designation of Beneficiary application for Bethany designating Gareth .
o [Former employer] letter dated xxxxxx showing a designation of Gareth as primary insurance beneficiary.

• Health insurance cards:
o [medical] Card #xxxx
o [dental] Card #xxxxxxxxxxx showing “Family” coverage
o (Health Savings Account) debit Visa cards for Bethany and Gareth
o xxxxx HMO card valid as of 2/23/03 [date employment began] showing Bethany and Gareth
o xxxxx Dental PPO card showing B. and G.
o xxxxx Prescription Drug card in the name of Bethany

• Driver licenses:
o Current New Mexico driver licenses of Gareth and Bethany showing the same address
o xx driver licenses of Gareth and Bethany showing the same address

• Travel documents:
o Itinerary for trip from xxxx, to xxxx scheduled for xxxxxx-xxxxxx
o Boarding passes for xxxxx on xxxxxx
o Itinerary from Lastminute.com for a trip from xxxxx to xxxxx on xxxxxx=xxxxxx, showing flight, hotel, and rental car information.
o Boarding passes for Continental Airlines xxxx (xxxxx to xxxxx) on xxxxxx.
o Boarding passes for Continental Airlines xxxx (xxxxx to xxxxx) on xxxxxx

• Credit and membership cards:
o Bank of America Visa ending in xxxx (cardholder: Gareth ; authorized user: Bethany)
o Bank of America Visa ending in xxxx (cardholder: Bethany s; authorized user: Gareth )
o Washington Mutual/Providian Visa ending in xxxx (cardholder: Bethany ; authorized user: Gareth)
o CapitalOne Visa ending in xxxx (cardholder: Bethany; authorized user: Gareth ) (now closed)
o Independence Pass (annual membership) cards to Colonial Williamsburg for Bethany and Gareth , showing same expiration date

• Miscellaneous correspondence
o Card from the Melting Pot restaurant for 2nd wedding anniversary, xxxxxx
o Birthday card from Bethany’s family to Gareth, for his birthday on xxxxxx.
o Thank you e-card from xxxxxxxxxx dated xxxxxx.
o Valentine’s Day card from Bethany’s family to Gareth and Bethany, 2/14/06.
o Christmas card from Danielle and John xxxxx [and their cats], Christmas 2005.
o Thank you card from xxxxx and xxxxxx xxxxx, dated xxxxxx.
o Birthday card from Bethany’s family to Gareth, for his birthday on xxxxx.
o Undated thank you cards from xxxxxxxxxx (ca. 12/04) and xxxxxxxxxx and xxxxxxxxx (ca. 4/05).
o Christmas card from xxxxx and xxxxxxxxx, Christmas 2004.
o Christmas card from Gareth’s family, Christmas 2004 (“first Christmas together”).
o Housewarming card from Bethany’s family, August 2004.
o Wedding card from Gareth’s grandparents, xxxxxx.
o Wedding card from xxxxx and xxxxx, xxxxxx.
sparkofcreationFemaleUnited Kingdom2006-11-07 21:28:00
Removing Conditions on Residency General Discussiongeneral affidavit query
Affidavits are not required, as someone said above, but can be from anyone who sees both of you regularly.

To be blunt, I'd think a bigger problem than potential lack of affidavits is the lack of friends.
sparkofcreationFemaleUnited Kingdom2006-11-10 11:15:00
Removing Conditions on Residency General DiscussionJust received... NOA...
Yes.

Usually the US citizen spouse is not even allowed in the building for the biometrics appointment.
sparkofcreationFemaleUnited Kingdom2006-11-13 21:29:00
Removing Conditions on Residency General DiscussionTravel

Hi all... I'm trying to figure out how to work my upcoming trip back home to Germany. I have a 2-year green card, which is going to expire 12/17/2006. I already filed for the removal of conditional status and received a NOA from the Nebraska Service Center stating "your conditional resident status is extended for a period of one year. During the one-year extension you are authorized employment and travel," and so forth.

Now... I'm planning to take this trip from 11/14 to 11/27. I'll still be in the validity date range printed on my card, but the fact that it's about to expire worries me a little. Is that letter going to be proof my residency is extended until 12/17/2007, or is that info saved in some crazy database, or how does this work?

Also, I was married when I got here, was on a 90 day visitor waiver... we decided to file for AOS instead of K-3 while I'm in Germany, everything went well, got adjusted 12/17/2004. I remember reading that, if you file for AOS, the time spent between the 90 day waiver and the AOS is not classified as "illegal presence", but I wanted to clarify on that...

Thank you so much for any insight :)



1. Your status is extended to 12/17/07. Even if it wasn't, you should still be able to travel in and out in November with a card that's set to expire in December.

2. (According to the immigration lawyer we consulted because we were in a similar situation) there is no illegal presence if your NOA-1 date for AOS is within the window of your legal presence. So like if you had entered June 1, 2004 and your 90 days would have ended September 29, then as long as your NOA-1 date was before September 29, you were never out of status and had no illegal presence because you were first in one legal status (VWP) then changed to another legal status (pending AOS) then a third (conditional PR).

3. But AFAIK, even if you had some time out of status, once you get the green card, that's reset--they can't deny you entry based on that time being out-of-status once you have the green card; it's only if you leave before you get the green card that they can do that. I don't know that part with absolute certainty, though, because we were never in that situation.
sparkofcreationFemaleUnited Kingdom2006-11-12 20:12:00
Removing Conditions on Residency General DiscussionApproved at TSC!!


Congratulations!

Could you please tell me if you had to send the original green card, if you had to go for biometrics, etc.? There aren't too many people on here who filed the I-751 through TSC.


Thanks!

To answer your questions, no, we did not send the original CR1 green card. Actually, I think the directions said to only send photocopies of the card.

And we did not have to go for biometrics. I think it's only required if you file after July 1 or something. Our letter states that we need to go down to our local office with 3 passport photos and passport to get a new card.

Hope this helps!


The instructions state to only send photocopies; however, some people have gotten letters a couple months later telling them to send the original card. I didn't know if that varies by service center or not.
sparkofcreationFemaleUnited Kingdom2006-11-14 19:55:00
Removing Conditions on Residency General DiscussionApproved at TSC!!
Congratulations!

Could you please tell me if you had to send the original green card, if you had to go for biometrics, etc.? There aren't too many people on here who filed the I-751 through TSC.
sparkofcreationFemaleUnited Kingdom2006-11-13 21:28:00
Removing Conditions on Residency General Discussionremoving conditons on residency

By my calculation your 90 day window starts Nov 26, 2006.

Days in February ending with Feb 23: 23 days
Days in January: 31 days
Days in December: 31 days
Days in November beginning Nov 26 and ending Nov 30: 5 days

23 + 31 + 31 + 5 = 90 days

The first day you may file is Nov 26, 2006
The last day you may file is Feb 23, 2007

I always tell people that just to be safe, they should not file at the very beginning or the very end of the window. Just in case the math was wrong. File a week or at least a few days into the window, that way even if you're off by a few days you will probably be OK.


That's because you're not counting *back from* February 23, you're including February 23 in your calculations.

There are two different ways of counting days, but in the US we usually count "today until tomorrow" is one day; "today [Sunday] until next Sunday" is seven days, etc. So by that method, 90 days is November 25, as I said above. By the dates you used above, 22 days back is February 1, 23 days back is January 31, 54 days back is December 31, 85 days back is November 30, and then 90 days back is November 25.

In some places, however, people count whole days. For example, in Spanish if something happened a week ago, you say "eight days ago" because you count both today (Sunday) and last Sunday in those 8 days. If you get paid every two weeks, you say you get paid "every fifteen days" because you always get paid on Friday and count the Fridays at both ends. By that method, you are correct that November 26 is 90 days.

I don't think most English speakers (at least, not most Americans) would count the days at both ends. As another example, I work for the federal courts. Last Thursday (the 9th) I heard a judge order someone to do something "within 20 days, so by November 29th." By the counting method you used above, November 9 to November 29 would have been 21 days, but to the judge and to me (and, I assume, to most Americans and to the USCIS), it's 20 days.
sparkofcreationFemaleUnited Kingdom2006-11-12 23:41:00
Removing Conditions on Residency General Discussionremoving conditons on residency

http://www.calendarh.......&wd2=Friday



Whaddaya know, my math was right on. November 25 it is. So you can file any time between November 25 and February 22. Though it's probably a wise idea to file closer to the start than the end just in case! http://www.calendarh.......&wd2=Friday
sparkofcreationFemaleUnited Kingdom2006-11-12 20:15:00
Removing Conditions on Residency General Discussionremoving conditons on residency
I'm sure people have linked to calculators here, but by my math, 90 days from February 23 is November 25. (Since December and January both have 31 days, the date gets later by a day going from Feb. to Jan. and Jan. to Dec.: 30 days = January 24, 60 days = December 25. Then November only has 30 days, so 30 days more [90 days total] = November 25.)
sparkofcreationFemaleUnited Kingdom2006-11-12 20:06:00
Removing Conditions on Residency General DiscussionI-751 sent by Priority Mail to TSC
Friday was a holiday for USCIS and Saturday was one for USPS. FedEx tried to deliver mine then and were unable to. It was delivered Monday, check was cashed yesterday. Keep an eye on your bank account.
sparkofcreationFemaleUnited Kingdom2006-11-16 20:11:00
Removing Conditions on Residency General DiscussionTSC A-FILE

K1 visa holder (I-29F filed at TSC) comes to U.S. in May 2003, and files I-485 at New Orleans office in January 2004, and adjustment interview takes place in New Orleans office in December 2004. The interviewer at New Orleans has A-file. K1 adjusts status and becomes LPR in December 2004.

Question: After AOS interview, where did the A-file go? Where was it stored?

Now its time for LPR and her husband to file I-751 at TSC to remove conditions.
Does anybody know if the A-File is kept at TSC or, if not, where it is requested from to be sent to TSC?

Any information will be appreciated.

Archie Wilson


There is indeed one central storage facility where the A files of everyone who does not currently have anything pending are kept. The TSC will request the A file from there, and send it back once the I-751 is approved. (If it's denied, the file will get sent around to whomever handles the appeal, possible removal proceedings, etc.)

I believe the central storage facility is in Kentucky, but don't quote me.

As to how I know, my job is tangentially related to immigration so often the things we are doing depend on one agency or another getting the A file from the storage facility. Which, as I said, I think is in Kentucky. But as I'm not the one who actually requests them, I'm not 100% sure.
sparkofcreationFemaleUnited Kingdom2006-11-21 09:10:00
Removing Conditions on Residency General DiscussionShould I include my child when apply for removing condition?
As a note, you do have to put her name on your petition no matter what. But if she got her approval more than 90 days after you, they won't count her as being included in the application and she'll have to file her own I-751 90 days before her card expires (the second option on the application "I am a conditional resident child who was not able to be included on my parent's application" is the one she'd choose).
sparkofcreationFemaleUnited Kingdom2006-11-23 12:19:00
Removing Conditions on Residency General DiscussionI-751Change Of Conditions Name Change?

I did my maiden name and then my husband's last name so it wouldnt be a crazy name change...

I will never understand why people change their name just because they get married. That said, it has nothing to do with this form, they are different activities.

Cheers!
AKDiver


1. Because I hated my maiden name. (We discussed both taking a hyphenated combination of the two, but I talked him out of it.)
2. Because getting married makes your spouse into your most immediate relative, and I think members of an immediate family should have the same last name. It's the same as changing a child's last name to the parents' new last name when adopting him/her.

Edited by sparkofcreation, 23 November 2006 - 03:54 PM.

sparkofcreationFemaleUnited Kingdom2006-11-23 15:53:00
Removing Conditions on Residency General DiscussionI-751 Biometrics Appointment Notice

Things have gone by rather quickly.

Mailed I-751 to TSC on October 30, 2006.

First NoA's dated November 1, 2006 arrive in the mail. My wife's NoA informs her that the check for $205 has been received and her Alien Card is extended for 12 months. My stepdaughter's NoA informs her that she is included as a dependent on my wife's petition and her alien registration receipt card validation is extended for 1 year. Both NoA's have the same SRC receipt number. We tried to use the US-CIS online case status service with the SRC receipt number, but it showed an error/invalid number.

Second NoA's dated November 14, 2006 arrive in the mail. Both NoA's are identical, but my wife and stepdaughter have SRC receipt numbers that are different from each other and they are different from the NoA1 SRC receipt number. The NoA2 extends their conditional residency for one year and gives some general information. We were able to successfully use the US-CIS online case status service with the new SRC receipt numbers.

ASC Appointment Notices for biometrics dated November 16, 2006 arrive in the mail. My wife and stepdaughter are both scheduled to have biometrics taken at the local ASC on December 9 at the same time in the morning. I didn't know US-CIS ASC worked on Saturday?


Awesome! I'll keep my eyes open—looks like we're about two weeks behind you at TSC.

Best of luck to you and your wife and stepdaughter!
sparkofcreationFemaleUnited Kingdom2006-11-25 14:16:00
Removing Conditions on Residency General Discussioncan't be in the US during those "magic" 90 days, can my husband file?
Depends how often she comes and goes, I believe. I mean, US citizens who are in college are deemed to be residents of the place their parents live, not of the place where they're studying, unless they take extra steps to change their residency to the college town.

That said, there is definitely the *possibility* that spending so much time overseas would be considered an abandonment of status.

Re-entering with the expired Green Card and the NOA is not the problem in and of itself--that's definitely allowed; that's what the NOA itself says. The problem is whether you're considered to have abandoned your residency by spending so much time in Romania. If they decide your being in med school in Romania is abandonment of status, dmartmar is right--you're up a creek without a paddle. But that's not because the green card is expired; they could just as easily deny you entry for abandonment of status even if the card is still valid.

Edited by sparkofcreation, 12 November 2006 - 08:02 PM.

sparkofcreationFemaleUnited Kingdom2006-11-12 20:01:00
Removing Conditions on Residency General DiscussionThe I-797 approval notice from the original I-129F petition
1. The person who evaluates the case will have your A file already, which will contain the approval notices.

2. The green card is already proof that the I-129F and I-130 were approved.

So it's doubly sure that they'll know your wife was approved (not to mention that you couldn't apply for Removal of Conditions if she weren't).

The FAQ on this site is really old. It's copyright 2005 and I don't think it's been updated in years.
sparkofcreationFemaleUnited Kingdom2006-11-26 01:46:00
Removing Conditions on Residency General DiscussionMarried more than 2 yrs ago, but received Conditional GC...What's next?

kiwicat,

There is an ambiguity in the INA that one group of USCIS District and Sub offices interprets to mean that adjustment from K1 results in conditional LPR status no matter how old the marriage at the time of adjustment. I think you may be in that region. You can make an InfoPass appointment, but you may end up applying for removal of conditions in 2 years anyway.

Earlier this year there was a VJer in your situation who, when they applied to remove conditions, was told by the Service Center that they should be an LPR without conditions so that removal of conditions was not necessary. I don't know how that situation was resolved.

Yodrak

Hi people,

I have recently received my green card. At the interview, I was told that I'd be getting a 10 yr one since I married my hubby in 12/2003.

When I acually got the card, it's only good for 2 yrs.

I think USCIS made a mistake....

Anyone with similar situation?
Should I make an infopass to talk to someone in my local office?
Suggestions?

Thanks!!


I think she's still waiting. Her username is ... something about Canada. CanAmGirl? Canadian? I forget.

Edit: Nope, they got the cards and I just missed the post. Her username is Cdnwmn: http://www.visajourn...showtopic=37544

Edited by sparkofcreation, 28 November 2006 - 12:16 AM.

sparkofcreationFemaleUnited Kingdom2006-11-28 00:14:00
Removing Conditions on Residency General DiscussionI-797C, Notice of Action (I-751)

I mailed my I-751 on the first week of November and Today 12/02/2006 I received my I-797C Notice of Action and it says that my conditional resident status is extended for a period of one year and wait for the biometrics appointment notice.

On my I-797C Notice of Action, the petitioner (ME) family name is the same as my K1 Visa Family Name and my Passport Family Name, not my Marriage Family Name that I used now. Why they used my previous or other family name(Single Status) instead of my Marriage Family Name?? :help:

Is this a mistakes? :help:
Is the I-797C should be address to my Marriage Name instead of my previous or other family name(Single Status) ? :help:

Thank You in advance for all your response.
Please correct my if I'm wrong.


Many other people have asked this question lately, so I don't know if it's a "mistake" since it seems to be the norm when the immigrant was a woman who came on a K-1 (in our case, the husband is the immigrant, so this didn't happen to us). I don't know whether it will cause a problem with your green card or not but maybe you should look through other threads to find out what other people have done in this situation.

ETA: Only found one so far, but looks like raymaga was in the same situation:
http://www.visajourn...showtopic=39035

Edited by sparkofcreation, 03 December 2006 - 03:45 PM.

sparkofcreationFemaleUnited Kingdom2006-12-03 15:41:00
Removing Conditions on Residency General DiscussionHow many official documents to expect in the mail after filing 751?
We and other people going through TSC got a letter after NOA but before the biometrics letter telling us to expect a biometrics letter and to please send [list] if we hadn't already. The list was stuff like joint lease/mortgage, insurance documents, children's birth certificate, etc.—the same stuff the I-751 asks for in the instructions.

Some people (those going through CSC/NSC I think) are also asked in that same letter to send in the original green card, but ours didn't say that.
sparkofcreationFemaleUnited Kingdom2006-12-03 23:43:00
Removing Conditions on Residency General DiscussionBiometrics - How many times??



I really shouldn't complain as I have breezed through the K1-to-Premenant Resident process with no delays or problems. However, after receiving approval for the removal of my conditional status, going to the closest district office (which is 2 hours away), having my passport stamped, and ultimately receiving my permenant greencard, I got a letter from the USCIS stating that I need to have my Biometrics taken again (I got them taken about 2 years ago - and they were done on the computerized system.

Has anyone else encountered this? It is only a problem because it is a long drive to the office, and they I have to go on a week day...and take a vacation day to do it. I think they may have made a mistake, but when I call the USCIS "help"line, surprisingly they are unable to help me, or give me any information....or be of any use at all!



That's weird they were askin that after....I just got my NOA for my I-751 and it said I need to a biometrics...



Same here.....they said wait for my Biometrics Notice....


We got that letter last week, then yesterday we got the biometrics letter with an appointment for ... this Friday! Things are moving fast.
sparkofcreationFemaleUnited Kingdom2006-12-05 20:47:00
Removing Conditions on Residency General DiscussionI-751 Address on Aplication Form, NOA

Hello,
Thank you so much for the Info.
I will talk to my employer about this thing.

BTW, unrestricete SS card is the one that is not have any not such as " work permitte only with INS authorization" or something like that. Is that correct?
I obtained my SS card after I got my conditional GC.

Thank you.


Yes, an unrestricted card means all it has is your name and number, without a restrictive legend (Social Security's name for the thing that says "VALID FOR WORK ONLY WITH DHS AUTHORIZATION"or "NOT VALID FOR EMPLOYMENT"). If you got it after your green card, then it's probably unrestricted.

That website I linked to has numbers that you and your boss can call on their "Contact Us" page. Maybe all he needs is to call someone at that office and talk to them about what's required for you?

If you used your green card to show proof of eligibility, my reading is that he's not supposed to ask you for anything at all because he doesn't need to reverify when the green card expires. But I could be mis-reading.
sparkofcreationFemaleUnited Kingdom2006-02-13 08:50:00
Removing Conditions on Residency General DiscussionI-751 Address on Aplication Form, NOA

Actually, my employer has been asking me for the 1st NOA extending my GG 1 year.
I really dont know why the 1st NOA taking so long to come. It seems most people get it within 2 weeks.
Anyway, I read somewhere I dont need to get a stamp for my employer even though I dont have NOA if I have an unrestricted SS card and driver's license, but I am not sure.
Do you know if I need a stamp to show my employer as a physical evidence if I dont have NOA by the time my GC expires.


You DO NOT need to show your employer anything. All you need is (1) unexpired proof of identity and (2) proof of work eligibility. If both your license and SS card are unrestricted, then that is all that is required.

Here's the site with all the info: http://www.usdoj.gov/crt/osc/

And here's the answer to your question: http://www.usdoj.gov.../facts.htm#docs
Basically, though, it says they HAVE TO accept any documents you show them that are proof. They can't demand to see different ones. Your green card is on list A, but you can produce one document from list B (including lisence) and one from list C (including unrestricted SS card) instead. That's what 99% of US citizens do.

Also, a direct quote from another question:

Q. What questions are frequently asked on OSC's employer hotline?

1. Do I need to reverify lawful permanent residents who produce a "green card" with a future expiration date?

No. Lawful permanent residents who produce an unexpired Permanent Resident Card (Form I-551 or "green card") should not be reverified, even if the Form I-551 lists a future expiration date.


And this outreach brochure (http://www.usdoj.gov...df/en_wbroc.pdf) has a case just like yours (employee fired for not showing proof of extension of green card).

That said ... I guess it depends how your employer is likely to react and how much you like your job. :unsure:
sparkofcreationFemaleUnited Kingdom2006-02-09 23:43:00
Removing Conditions on Residency General DiscussionHelp. Moving to a new city!
If you don't have any cases pending right now (seems like you don't) then you don't notify your local offices.

You fill out the AR-11 and send to London, KY.

If your spouse is your sponsor, your spouse fills out the I-865 and sends it to the Service Center with jurisdiction over your new address. (Same thing if your other sponsors, if you have them, move.)
sparkofcreationFemaleUnited Kingdom2006-02-14 22:26:00
Removing Conditions on Residency General Discussioni moved from IL to NC
And your spouse has to file a Sponsor's Change of Address, which is I-865.

The I-865 goes to your local Service Center and you will get an NOA for it.
The AR-11 goes to an address in Kentucky and you won't get anything, so I'd recommend sending it certified mail so you know it got there.
sparkofcreationFemaleUnited Kingdom2006-03-19 20:59:00
Removing Conditions on Residency General DiscussionTimeframe to file I751 if married 2+ years before AOS?

Is it true the if we were married more than 2 years at the time of AOS approval (green card), that we do not need to wait 2 years to file the I751? My wife is here on a K-1 Visa, and her AOS date was 25 months after we were married.

If I do not need to wait, do I simply file the I751 now and she gets the 10 year green card unconditionally?

Thanks very much.


If you were married more than two years when AOS is approved (date the first green card is issued), she should get the 10-year green card automatically and she will never need to file the I-751. (However, at their discretion, the USCIS can issue a two-year green card instead, in which case she would file the I-751 one year and nine months later.)

Just to be clear: it took 25 months from your marriage until the date your AOS was approved?

Edited to add: If the I-751 needs to be filed, the immigrant files it, although the US citizen spouse needs to sign as well. But it's the immigrant's petition, not the USC's.

Edited by sparkofcreation, 20 March 2006 - 12:57 AM.

sparkofcreationFemaleUnited Kingdom2006-03-20 00:56:00