ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionRemove condition, I am not in the lease!Help!
You receive mail at that address, right?
Bob 4 AnnaMalePhilippines2010-05-18 13:31:00
Removing Conditions on Residency General DiscussionFood stamp ramifications?
During the application process you should make then aware of the fact that your wife isn't eligible to receive food stamps as she hasn't been a LPR for 5 years. If approved they should then base your allotment on only you. This would effectively mean that your wife isn't receiving food stamps.
Bob 4 AnnaMalePhilippines2010-06-11 08:19:00
Removing Conditions on Residency General DiscussionDivorce During ROC
You should call the local police regarding the death threats and get an order of protection.

Definitely contact ICE but honestly unless you have proof that she only married for the GC they might not do much. On the other hand, I've heard they are really good at digging-up dirt.

You already filed and Affidavit of Support for her CR-1 Visa and you can't withdraw that. If you get divorced then she can file for ROC with the divorce waiver. The other way she can ROC without you is with an abuse claim so don't have any contact with her.

I don't know what would happen if you torpedo the ROC process my withdrawing your petition and refuse to file the papers but stay married long enough for her GC to lapse. Technically she'd be out of status then unless she has a way around that.
Bob 4 AnnaMalePhilippines2010-06-11 16:59:00
Removing Conditions on Residency General DiscussionRemoval of Conditions
Actually all you need to demonstrate that the marriage was entered into "in good faith". Best sources of that is evidence of financial co-mingling such as joint accounts, bills etc. Being able to prove the mental abuse & cheating on his part may support you motives but I would still bring proof that you lived together and co-mingled finances.
Bob 4 AnnaMalePhilippines2010-09-09 14:32:00
Removing Conditions on Residency General DiscussionDoes it matter that I live outside of the U.S?

almost 5.
Is it possible to apply the permit in overseas embassy?

If it's been 5 months already, exactly when will you return? Will it be less than 12 months?

Have you maintains a residence in the US?

What proof can you present to CBP to establish that your absence was intended to be temporary and you always planned to return to your permanent residence in the US?
Bob 4 AnnaMalePhilippines2010-10-23 13:45:00
Removing Conditions on Residency General DiscussionDoes it matter that I live outside of the U.S?

How long have you been living outside the US. You will have to apply for reentry permit if it has been more then 6 months!


Actually you should apply for a re-entry permit if you'll be out of the US for over 12 months. Any absence of over 6 months will get scrutiny at POE.

BTW, the re-entry permit is to be applied for prior to your departure.
Bob 4 AnnaMalePhilippines2010-10-22 08:46:00
Removing Conditions on Residency General DiscussionCan K1 couple move out of US with 2 yr GC and come back?
Don't forget to actually surrender the Green Card and file the form for abandoning his residency. There have been cases (here on VJ even) where a LPR left the US before ROC (never filed) and were deported in absentia because USCIS had no idea they had left. This would cause complications when later filing for IR-1 Visa.
Bob 4 AnnaMalePhilippines2010-11-09 12:53:00
Removing Conditions on Residency General DiscussionCan K1 couple move out of US with 2 yr GC and come back?

Thanks very much Harpa. It sounds like if we're not sure how long we'll be gone, we could still file for ROC with a reentry permit - even if we don't live in the US - and still get a 10 year greencard?

IR-1 sounds like the thing we file when we want to return to the US, no matter when that is.

We'd probably be leaving for over five years.

Because Britain is in the Visa Waiver Programme, we really wouldn't need to file anything for visits... just for him to move back. I guess that's the IR-1.


If you're going to be gone that long then he should just abandon the LPR Status and when you return to live in the US you can file DCF for his IR-1.

Filing ROC while living out of the US wouldn't be honest as he doesn't have intentions of living in the US.

He might have issues with VWP entries being married to a US Citizen, he should always bring proof of strong ties to UK (home, job to return to, maybe even proof of your UK residency once you have it).
Bob 4 AnnaMalePhilippines2010-11-09 12:30:00
Removing Conditions on Residency General DiscussionCan K1 couple move out of US with 2 yr GC and come back?
Moving out of the US would be abandoning his residency unless he is working for the US Gov't (or maybe some contractors of the US Gov't).

The proper thing for you to do:

If you will be gone less than 2 years: Apply for a re-entry permit.

If you will be gone longer than 2 year: Look into a SB-1 (returning Resident Status) Visa.

You will be able to apply before your return so there is no separation.
Bob 4 AnnaMalePhilippines2010-11-08 13:22:00
Removing Conditions on Residency General DiscussionDid I File In Time??
Filed is the date one your NOA-1 so technically you haven't filed it yet even though it has been submitted.
Bob 4 AnnaMalePhilippines2010-11-15 15:00:00
Removing Conditions on Residency General DiscussionYeah I know its my fault

since we got a letter from USCIS yesterday in the mail.


What letter? Does it say he's now in removal proceedings?

If you want to file something without worrying if they'll accept it why not just file for AOS for him? ROC evidence should cover the AOS with the exception of an updated Affidavit of Support.
Bob 4 AnnaMalePhilippines2010-11-11 08:32:00
Removing Conditions on Residency General DiscussionHELP WITH ADJUSTMENT OF STATUS
First if it's a conditional GC then she needs to file for Removal of Conditions and she should do it now.
Bob 4 AnnaMalePhilippines2010-12-13 19:11:00
Removing Conditions on Residency General DiscussionCan USC spouse divorce and take away cond green card?
Threatening to withhold immigration benefits can be viewed as verbal/mental abuse and used a grounds for a VAWA claim.
Bob 4 AnnaMalePhilippines2010-12-22 17:29:00
Removing Conditions on Residency General DiscussionCase Denied
Please confirm a few things:

He received a 3 year greencard based on his marriage to the original Finacee.

He is divorced from the original woman.

The bar is higher to prove abuse for removal of conditions than it is if you're just requesting the Divorce Waiver, why did he choose the more difficult path?
Bob 4 AnnaMalePhilippines2011-02-05 06:49:00
Removing Conditions on Residency General DiscussionI think we took bad advice
The best Tax Strategy is to give the Government as close to the actual amount you should as possible which means having a smaller tax refund.

Why is this a good strategy? Well a larger return means that you've given the Government an interest free loan of your money!
Bob 4 AnnaMalePhilippines2011-02-15 10:33:00
Removing Conditions on Residency General DiscussionMy Wife's greencard has expired

So I can still file the I-751 and be fine right? As long as everything is filed correctly? What are the most important things to have along with the I-751 form? Pictures, insurance cards, apt lease with both of our names? anything else or is that good enough?


You didn't read this part of the previous reply, "Failure to properly file Form I-751 within the 90-day period shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States."

Filing after the GC has expired is not the same as filing within the 90 period prior to it expiring.

At worst you would have to re-file AOS (Adjustment of Status, I-130 & I-485 with new Affidavit of Support) unless someone can show where filing after the CG expired has been accepted AND approved.
Bob 4 AnnaMalePhilippines2011-02-11 15:21:00
Removing Conditions on Residency General DiscussionSkipping the I-751
Not to mention she hasn't been able to drive, work or a lot of other things in the two years she's been here and out of status.
Bob 4 AnnaMalePhilippines2011-03-06 15:55:00
Removing Conditions on Residency General Discussionhelp please

So, basically if you can't get your wife to sign the joint petition to remove conditions, then you need to get started on filing for divorce.

Be careful in your wording, if the marriage is heading for divorce and his wife does sign the form it could be seen as immigration fraud as they both know where it's heading.
Bob 4 AnnaMalePhilippines2011-03-06 15:53:00
Removing Conditions on Residency General Discussionhelp please
Just just need to prove that the Marriage was entered into in good faith. For this proof that you co-mingled your lives will work.

This includes things like:

1. Beneficiaries of each other's life insurance policies.
2. Joint property ownership, including bank accounts.
3. Listed on the same Auto Insurance/homeowners/renters Insurance policy.
4. Medical Insurance coverage with both listed.
5. Living at same address (copies of Driver's License/Mail addressed to both to prove).
6. Evidence of vacations together.

If you are divorced before filing to remove conditions you will file individually asking for the "Divorce Waiver".
Bob 4 AnnaMalePhilippines2011-03-06 15:22:00
Removing Conditions on Residency General DiscussionI-751

You can file separately, but USCIS prefer filling jointly, plus your citizenship base on 3 years might be affected, someone correct me if I'm wrong. 3 years of joint return is required am I correct?


You just have to have met the filing requirement for all years in the us prior to filing for citizenship.
Bob 4 AnnaMalePhilippines2011-03-07 16:34:00
Removing Conditions on Residency General DiscussionWife leaves and attempts to file divorce

I know its illegal to open it but its not my job to figure out what to do with it so the trash is where it goes. Like i said, trash it and let her figure it all out.

Unless it was sent bulk or media rate postage most items can be returned to the original sender. Just write "Not at Address - Return to sender" on the envelope, preferably in red ink, and put it in your mail box.

Of course junk mail or anything that has printed Bulk postage (not to be confused with printed First Class Postage) on it can be thrown in the trash.
Bob 4 AnnaMalePhilippines2011-03-16 09:50:00
Removing Conditions on Residency General DiscussionDivorcing and Filing for Removal of Conditions
She doesn't need to claim abuse for immigration purposes and in fact if she does then she would be required to prove the abuse in addition to the Marriage in good faith.

She should just get divorced & file RoC without him.
Bob 4 AnnaMalePhilippines2011-03-30 13:42:00
Removing Conditions on Residency General Discussiontraveling to canada with expired green card
The I-551 stamp is redundant, it serves the same purpose as your NOA-1 for the ROC.
Bob 4 AnnaMalePhilippines2011-05-25 08:34:00
Removing Conditions on Residency General DiscussionROC for K2 children after adoption by USC
How can you Remove Conditions when then the Children are now US Citizens?

You don't need to apply for Naturalization Certificates for the kids, just get them US Passports. Use the new birth Certificates and adoption paperwork to show that they are adopted children of a UCS.
Bob 4 AnnaMalePhilippines2011-04-28 10:57:00
Removing Conditions on Residency General DiscussionROC approved but No Green card
It's in the queue, just wait your turn. My wife's card was sent within 30 days of her landing in the US (CR-1), you can't jump the line...
Bob 4 AnnaMalePhilippines2011-06-29 15:24:00
Removing Conditions on Residency General DiscussionNo decision 1 yr+ after filing I-751 -- how to avoid out of status?
If you file to naturalize then they will be force to adjudicate the ROC.
Bob 4 AnnaMalePhilippines2011-07-08 13:26:00
Removing Conditions on Residency General DiscussionI Had to leave the country

Yo may be right.. I just don't feel that OP did anything wrong, so there must be some mechanism for the OP to visit US..

You are correct that the OP didn't do anything wrong. that's not the issue at hand. Also the OP isn't looking to "Visit the US".

The problem is the the OP abandoned her Residency (Greencard) in 2 ways:

1. Remained outside of the US for 2 years without having a Re-entry Permit.
2. Failed to file to Remove Conditions on her Conditional Greencard.

Both of these are covered in the information provided to all Greencard applicants so it can even be said that she knowingly abandoned her Residency.

Since she has demonstrated Immigrant Intent it makes sense that a Non-Immigrant Visa will be more difficult for her to obtain as she would be likely to enter and remain illegally since she currently doesn't have a legal immigrant Visa path available to her.

If she simply wanted to visit the US then all she has to do is overcome the assumed immigrant intent and mitigating factors which bolster that assumption. She can possibly do this by building strong tie to Honduras such as a good job and property ownership and maybe even starting a family in Honduras. The fact is that she's unlikely to do these as she's stated clearly that she wants to return to the US to live (which is Immigrant Intent).
Bob 4 AnnaMalePhilippines2011-07-11 13:45:00
Removing Conditions on Residency General DiscussionDoes USCIS send officers to homes?

You are not supposed to use a PO Box for your USCIS mailing, even if you do so they won't mail anything to your PO Box.


Then spend a little more and get a Box at The UPS Store, the mailing address isn't a PO Box (you can use #, suite, apt, or Unit per the rental agreement)...
Bob 4 AnnaMalePhilippines2011-07-14 13:14:00
Removing Conditions on Residency General DiscussionDoes USCIS send officers to homes?
Another solution would be to get a PO box for a year (just $90 here) and use that as your mailing address for the process.
Bob 4 AnnaMalePhilippines2011-07-13 21:00:00
Removing Conditions on Residency General DiscussionDoes USCIS send officers to homes?
I've seen a few threads on VJ where they reported USCIS doing a home visit. IIRC in each instance there were other issues with the case that raised the concern of the adjudicator.

I guess the answer you're looking for is it's possible but unlikely unless you have Red Flags in your case-file.

Did you file change of address forms with USCIS?

Edited by Bob 4 Anna, 13 July 2011 - 01:41 PM.

Bob 4 AnnaMalePhilippines2011-07-13 13:40:00
Removing Conditions on Residency General DiscussionCetification of Joint Lease
Did you get rental receipts or have copies of cancelled rent checks?
Bob 4 AnnaMalePhilippines2011-07-12 20:40:00
Removing Conditions on Residency General DiscussionOur list of evidence for ROC...
Processing Fee, Check #0000 in the amount of $675.00 ($505.00 for I-751, $85.00 twice for bio-metrics for Anna & Gabby).

USCIS Form I-751.

Color Copy of Permanent Residence Cards for Anna and Gabby.

IRS Tax Transcripts for Bob and Anna (Jointly Filed), Tax Years 2009 & 2010.

Consolidated Balance Summary for Joint Accounts with JP Morgan Chase: Nov 2010, Jan 2011, Mar 2011, May 2011, Jul 2011

Lease Agreements in both our names: Previous Address (Jul 1, 2010 – Jun 30, 2011), Current Address (Aug 1, 2011 – Jul 31, 2012).

AT&T Wireless Statement Pages: Sep 2010, Feb 2011 (Bob's account, lists Anna on one of the lines).

Comcast Bills: Jun 2010, Feb 2011, May 2011, Jul 2011 (Bob and Anna both listed on the bills).

State Farm Insurance Documents: Renters Policy, Auto Policy (Renters is Joint, Auto lists Anna as a Driver on the policy).

If we need more then we can also provide:

Copies of Medical Insurance cards in all 3 names (Bob, Anna, Gabby) showing the same account/group/member numbers.

Gas and Cable/Internet/Phone Bills for current address in Anna's Name.

Electric and Water/Sewer/Garbage Bills for current address in Bob's Name.

Copies of our Drivers Licenses with the current address.

Copies of the Orthodontist Statements for Anna's braces (account has both our names).

Print-out from the School District listing Anna, Myself, Gabby and my two daughters as family all living at the same address.

Any input would be appreciated.

Bob
Bob 4 AnnaMalePhilippines2011-08-08 11:42:00
Removing Conditions on Residency General DiscussionConsidering divorce but don't want to ruin her life
What she needs is to prove that she entered the marriage in good faith. For this the Co-habitation & co-mingling of finances seem to be the "big" Items and you have those covered.
Bob 4 AnnaMalePhilippines2011-08-22 11:59:00
Removing Conditions on Residency General DiscussionFiled the wrong form!
I wouldn't wait any longer than possible, you are now out of status as your LPR Status does expire with the conditional Greencard. When you do file include copies of the NOA1, NOA2 and Denial Notice for the I-90 to back-up your reason for the late filing.
Bob 4 AnnaMalePhilippines2011-08-30 08:49:00
Removing Conditions on Residency General DiscussionFiling bankruptcy when only still a conditional resident
No.

If the debt is all in his name then he should file individually. This will leave you clear of it and able to build your own credit.

Edited by Bob 4 Anna, 02 September 2011 - 03:09 PM.

Bob 4 AnnaMalePhilippines2011-09-02 15:08:00
Removing Conditions on Residency General DiscussionDoes violate school bus stop affects Removing Condition?

I would spend the $ on an atty for that issue... the way courts are so backed up today it usually pays off to have an atty fight it and get it thrown out...

Why? It's a traffic ticket, what's there to fight she passed a stopped bus with it's lights & stop sign out. It will cost more to retain a lawyer & fight it then to just pay it and move along. There's now criminal charge so what's the upside of spending more money?
Bob 4 AnnaMalePhilippines2011-09-04 23:41:00
Removing Conditions on Residency General DiscussionDoes violate school bus stop affects Removing Condition?

My wife passed a stopped school bus and got ticket this morning and the fine is $420 (looked up online). Will sign up for driving safety class and will wait for the judge decision. Online government site says you are not eligible for driving safety class if you violate passing a school bus fine.

I won't have any impact on her ROC or even naturalization as it's a traffic violation not a criminal violation.

BTW, if the violation is not eligible for the safety class then you're wasting time & money with the class and court appearance (most courts add court fees to the ticket if you waste their time when you're clearly guilty of the violation. Basically you're turning a $420 ticket into over $500 ticket for no benefit.

On a side-note: As someone whose kids ride school buses most days I really hope you wife now understands that kids' safety is more important that saving a little time.

Edited by Bob 4 Anna, 01 September 2011 - 10:47 AM.

Bob 4 AnnaMalePhilippines2011-09-01 10:45:00
Removing Conditions on Residency General DiscussionForm I-751 Denied for my Wife! WTF!?

I do not want to insensitive at all (and as a woman myself) perhaps your wife's doctor could compose a letter detailing her miscarriages last year as well without going into too much personal detail.

I'm sorry USCIS are(is?) being a knob - ovewhelm them with solid evidence and I'm sure it will clear things up for them.

The proof of miscarriages ins't necessary and is in fact a bit morbid.

How is USCIS "being a knob", the OP failed to provide sufficient evidence so USCIS sent him a form letter stating such and listing recommendations for evidence that could help them get the approval they seek. So tell me what did USCIS do wrong in this case?
Bob 4 AnnaMalePhilippines2011-09-15 13:10:00
Removing Conditions on Residency General DiscussionForm I-751 Denied for my Wife! WTF!?

2nd letter includes:
- "Your supporting evidence does not sufficiently establish that you and your spouse entered the marriage in good faith and the continue to share a life together.:
- "You submitted a copy of your DOD ID card, copy of your 1099 INT showing a joint savings account, copy of a voided check showing joint checking account, and evidence of joint car insurance."
- "Although these items begin to establish the indication of a relationship, they are not strong enough, as a whole, to establish that you and your spouse entered the marriage in good faith and continue to share a life together."

Submit copies of statements (one for every 3 months/ 4 spanning a year) for the Joint Accounts. Honestly I could order checks for one of my accounts and have it say "Bob LastName or Minne Mouse" i doubt the check printing company even bothers to verify the names/address for their orders.

DOD ID cards don't have a home address on them do they? Maybe provide State ID/DL showing the same address. Also if you have some bills in each of your names for the same residence those are proof of co-habitation and mingling finances.

Joint lease would work also. How about documents showing that the Military acknowledges her as your spouse like DEERS enrollment etc.


The letter then lists the following as "Good Faith Marriage" examples: Children as a result of your marriage, Evidence of a common residence, Joint financial resources, and health, financial, and estate planning arrangements with each other. I submitted evidence for everything except the Children because we did have any at the time. I wonder if I should submit the medical paperwork that documents our 3 miscarriages? Thats terrible if we have to do that.

It's a form letter, don't take it personally. The whole of your submitted evidence is weak that's why the Request For Evidence not because you don't have a baby.

Edited by Bob 4 Anna, 14 September 2011 - 04:00 PM.

Bob 4 AnnaMalePhilippines2011-09-14 15:59:00
Removing Conditions on Residency General DiscussionFiling I-131 re-entry permit oversea possible?

I might need to do the same thing, flying to the US for filing the reentry permit application. Both of my reentry and GC will expire in mid Oct. what I am thinking to do is flying to the US sometime before the expiration date, and file both of them, then go back to Japan in a few days or so. USCIS will mail the both NOAs (receipt) to my husband's parents home, which is also our us address. NOA(receipt)of GC would say my GC is extended another year(I heard this from other people who renewed their GC). I will fly to the US for the biometrics with my passport and NOA(I need to ask my parents in law to mail it to Japan) that says my GC is extended. After my biometrics they will send 10 year GC to my US address. I am guessing thats what would happen if things go smoothly....but I am not sure my plan works...

If you apply for the re-entry permit BEFORE your Greencard is extended how can they approve it with any expiration date other than your current Greencard's expiration date?
Bob 4 AnnaMalePhilippines2011-09-09 09:56:00