ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionLifting conditions
QUOTE (Old Dominion @ Jul 25 2008, 09:05 PM) <{POST_SNAPBACK}>
QUOTE (mrsking @ Jul 25 2008, 08:50 PM) <{POST_SNAPBACK}>
Hi this is me again, Our divorce just final a few days ago, and I been collecting some documents now for lifting of my status, and I have only the following documents, 1 year tax return ( both in our name ), 3 credit cards statement in my name with married name on it, Drivers license, Divorce decree, 14 pages of photos of us together and Holiday cards that was sent to us by the member of the family, I am not on his house name his planning to put it but we are already divorce even on the utility bills and electric bills my name was not there either.

My ex-husband said that he will help me to get my citizenship and through this he said all he can do is to make an affidavit notirize by him that we married in good faith and we stay together in a one house, and he can ask also some of his employee like his secretary to make an affidavit saying that we stay in a one house. Do you think it will help if he make an affidavit?

Hope everybody here can help me what other else I can do, Is it enough evidence that we stayed together and married in good faith or not yet? what else I can do?



Probably notarized affidavits about the marriage from three close friends, including his secretary if she had personal knowledge, would be best. His affidavit probably won't mean a lot....

On the contrary, HIS affidavit means everything!
diadromous mermaidFemale02008-07-26 16:07:00
Removing Conditions on Residency General DiscussionI-751 How does the divorce influence my case?
QUOTE (tigercat @ Jul 26 2008, 05:04 PM) <{POST_SNAPBACK}>
Hi friends, here is my situation hoping to get some advice.

I came to the US on December 14, 2005 on K1 visa and got married on Feb.16, 2006. My conditional green card was approved on September 7, 2006. In July 2007, I divorced my husband in despiar because I wanted a baby while my husband was stubborn enough not to give me one(He has two kids from his previous marriage). I returned to my country after the divorce.

Three months later, however, I returned as I thought I was happier to live with my husband than live by myself. We had been living together as boyfriend and girlfriend till June 2008 when it was time for me to apply for removing the conditions of my greencard. We consulted an immigration lawyer and were told it would be hard for me to get a new greencard since I was divorced. We were afraid of being seperate by being unmarried, so we re-married again on June 26,2008.

I filed I-751 on July 7, 2008 and I received a I-797, Notice of Action on July 15,2008. My conditional green card will expire on September 7, 2008

My questions are:

Will the divorce cause me any problems in going through the procedure of getting me a new green card?

My husband is going to travel to my country for a long term job in early August, he will have to buy a ticket today or tomorrow, and I will have to follow him as his translator. But my conditional green card will expire on Spetember 7, 2008. Will I be able to travel back on the I-797, Notice of Action?

I will appreciate very much your kind advice or suggestions. Thank you very much in advance.
______________
My timeline:
Filed I-751 on July 7,2008 to TSC
Received NOA,I-797 on July 15,2008
Waiting for ASC appointment notice for biometric service.



You should declare that this is your second marriage to the USC petitioner in Part 3, question 8 of the application. Did you? This in itself, being rather an off situation, could trigger an interview. Would your USC husband be available to attend with you?
diadromous mermaidFemale02008-07-26 16:12:00
Removing Conditions on Residency General DiscussionPlease Read This!
QUOTE (Abby-Ron @ Jul 26 2008, 04:14 PM) <{POST_SNAPBACK}>
QUOTE (m0306 @ Jul 26 2008, 12:43 PM) <{POST_SNAPBACK}>
Hello guys, i need your opinions again.

My husband and I already filed for my removal of conditions for my greencard.
We already got the Notice of Action/ the receipt and recently we just got my ASC Appoinment which will be
on August 1st, next friday. Here are my concerns.

I am 3 months pregnant and I am planning to leave my husband due to personal reasons. Well actually, we've been trying to save our relationship because I am pregnant. And thats the reason why he filed for my removal of conditions. But I still dont think that our relationship will work out just because I am pregnant. But he said that I should just wait until I will have my biometrics done, then decide if I still want to leave him. My questions are:

1. Is there any interview before they can release the greencard? (because I am afraid my husband and I will no longer be together by that time).

2. If there will be an interview, what will happen if I go by myself without my husband? (are they still going to approved my greencard just the fact that I am pregnant?)


Honestly, I don't care about my green card because Ive been wanting to move back to my home country. I just dont like it here in the US. But on the other hand, I am thinking about my baby's future. I know for sure that she/he will have a bright future here in the US. But one thing for sure is that I am leaving my husband.

Comments please....thank you!


Sorry for your misfortune that you want to separate (or divorce) from your current husband. Anyways, you shouldn't have a problem filing for your green card on your own regardless if you are still married to him or not. Under the I-864 which he signed, it contains a clause that he, by law, has to support you until you get your green card or you get a job. I'm hoping you can support yourself without him so that UCSIS sees that even though you are going to divorce your husband, you can make it on your two feet. You have to show proof in the interview that you got married without strings attached and that at the time you got married it was out of love. If you can prove with evidences( like photos together, bank account that had both names on the accounts, life insurance beneficiary's, car insurance on both of your names, etc ) that the relationship was real and not some personal gain just to go here to the US, then you will mostly will get the 10yr green card even if now you have differences. Hope that helps... and good luck!!



There might be an interview. There will certainly be an interview if you do not meet the sufficiency test of USCIS for evidence of a bona fide marriage.
If you are called for an interview and attend alone, your application will be denied.
diadromous mermaidFemale02008-07-26 16:02:00
Removing Conditions on Residency General DiscussionI-751 and hardship problem
QUOTE (Kathryn41 @ Jul 26 2008, 05:11 PM) <{POST_SNAPBACK}>
No, perhaps not as strong as otherwise, however, it is certainly a path worth pursuing under the circumstances. Her hardship is accentuated by the fact of having to support her brother who is fighting cancer and that she cannot do so back in her home country - and she is facing hardship removing conditions because USCIS doesn't allow for the transition time between married and divorced that might happen when the I-751 falls due.

Kathryn,
Once again, I disagree and your recommendation is directing the alien to document a hardship which does not meet the INA's requirement. The thrust of any hardship claim would be extreme conditions an alien would face if the Service chose to remove her because she could not remove conditions alone and could not remove conditions with her USC sponsor. The crux is in the terminology
"hardship if removed".

For example, here....
QUOTE
How can I show that I will suffer extreme hardship if I have to go back to my
country of origin?One way to show you are eligible for an I-751 waiver is to show that you are afraid of what would happen
to you if you were returned to your country of origin. In order to establish your eligibility under this
provision, consider the following:
• In your personal declaration, explain what would happen to you if you had to return to your
country of origin. For example, if you have been a victim of domestic violence or sexual
assault, describe the physical and psychological consequences of the abuse you have suffered;
the impact of the loss of access to United States courts and criminal justice system; your
ongoing need for social, medical, mental health, or other supportive services; the existence of
laws, social practices, or customs in your country that would punish you or your children for
having been a victim of abuse, leaving the situation, or taking actions to stop the abuse; your
abuser’s ability to travel to the foreign country; the likelihood that the abuser’s family,
friends, or others would harm you.
• If there are other people who know about what would happen to you if you had to return to
your country of origin, you should present letters from these people.

From, www.nwirp.org/Documents/FillingAnI-751Waiver.pdf
diadromous mermaidFemale02008-07-26 16:18:00
Removing Conditions on Residency General DiscussionI-751 and hardship problem
QUOTE (Kathryn41 @ Jul 26 2008, 02:38 PM) <{POST_SNAPBACK}>
QUOTE (MB08 @ Jul 26 2008, 01:56 PM) <{POST_SNAPBACK}>
Hello everybody,

I would like to ask if anybody knows about the process regarding the removal of conditions (I-751)

My friend's married to a USC and she came to the US via a K-1 visa. Their marriage isn't going well and he told her he won't help her in the petition to remove the conditions on her greencard. She already got her 2-year greencard and it will expire by January 2009. She's looking at her options and saw that she would have to file on her own. She was told by Catholic Charities that since they are not divorced (she doesn't have enough time to get a divorce decree since they must be separated for one year first and they only got recently separated), her only options to remove the conditions on her greencard is to file for a waiver based on hardship (he isn't physically abusing her). She could go back to where she came from but she won't have a job (it is difficult to find a good job there) and she is helping out in the medical expenses of her brother who has cancer, which is the reason why she wanted to stay as long as she can legally.

Here are her questions:

1. Can she ask for an extension from the USCIS to have the period to remove her conditions extended? She is planning to file for divorce as her ground to remove the conditions since she was told that hardship is a weak basis and her petition can be denied.
Basically, she should file by the time her status expires. She should get the divorce proceedings underway asap since her husband has already said that he will not support her application.
2. What's the average length of time for the USCIS to respond to her petition of I-751 based on hardship? (state is South Carolina)
South Carrolina applicaitons go to Vermont Service Center. Applications are taking approxinately 12 to 15 months or longer for normal approval without any sort of a waiver.

3. Just in case her petition gets denied, can she appeal the denial? How does she appeal it and to what agency? Cross that bridge when she comes to it - it is more likely if her evidence is strong that her case will be approved. Focus on working on getting it approved rather than planning on what to do if it isn't.

4. We heard about appearing before the immigration judge? How does she get a chance to present her case before the immigration judge? This is a last chance situation and it is much more likely she will never get to this situation. Work on completing the application and creating a strong case for approval - entered in a valid marriage, marriage broke down, getting divorced, - hardship is because divorce takes longer to get than there is time left on the green card and application must be made now; divorce likely to be approved before AOS is and then she is eligible to file for a divorced waiver.

5. Just in case all her options are denied, what exactly is the process for deporting her? Will her husband who brought her here to the USA be responsible for paying her airplane fare back?

Thanks for any input/help

Since fililng as a divorced individual is an acceptable option, but there isn't time to complete the divorce before her application needs to be submitted, she has a good excuse to argue for a hardship clause. If her marriage had broken down earlier and her divorce had been approved, then she would only be faced with proving she entered the marriage in good faith and providing the necessary evidence with the waiver request. Siince she is in the process of divorce but the length of time of separation is a requirement for the divorce, then her hardship is that she can't yet file as divorced due to the length of separation required by the State, otherwise she would be eligible to file under the divorce waiver.

If the divorce becomes finalized before her application is approved, she can then withdraw the application and re-apply with the proper waiver requested. Either way she should be able to apply for removal of conditions and obtain the necessary extension of her green card while it is being processed. Having a job here and supporting the medical expenses of her brother who is suffering from cancer and not having a job back in her home country sounds like good additional evidence to qualify for a hardship clause. She should definitely go for it, making sure she has sufficient evidence that she entered the marrriage in good faith - and make copies in case she needs to re-submit it again with the new waiver. She shouldn't be trying to plan what to do if it is denied - plan harder on making sure it is approved. Collect the evidence now while she has access to it and get affidavits from those who can verify the marriage was valid but just broke down.


Good luck to her.



This is not really accurate. When speaking of removing conditions using the "hardship" grounds, the hardship referred to is that which an alien would face if removed from the country because the alien fails to meet the Joint requirement of applying to remove conditions 90 days prior to the expiry with the USC spouse, and NOT hardship the aliens faces in removing conditions alone!
diadromous mermaidFemale02008-07-26 15:58:00
Removing Conditions on Residency General DiscussionOverseas hold
QUOTE (mandixon @ Aug 8 2008, 12:39 PM) <{POST_SNAPBACK}>
Hi guys,
Has anyone heard of 'Overseas hold'? I read in a different website a post by someone from the UK who wanted to remove the conditions on his GC from London and he mailed all the required documents to the US but he received a letter saying that his case is on 'overseas hold'!!! They also gave him a date that he should come back to the US if he wants to keep his GC.

Does anyone know about 'overseas hold' and when it occurs? I'm planning with my wife to apply for the removal of conditions from Egypt (we both gonna be there) and I cant get a reentry permit because it is going to expire on the same date that my GC expires. I want to return to the US at least a year after the expiration of my conditional GC.


Is your spouse in the US military?
www.uscis.gov/files/pressrelease/ConStatPub_011702.pdf

Edited by diadromous mermaid, 08 August 2008 - 09:51 PM.

diadromous mermaidFemale02008-08-08 21:51:00
Removing Conditions on Residency General Discussionconditional card received - my husban is trying to deport me
QUOTE (EdgarVirginia @ Aug 7 2008, 11:23 PM) <{POST_SNAPBACK}>
By reading these posts it happened to encourage me to ask this, since I could see that things like that happened to others too. I'm completly lost, devastaded and affraid of what might happen to me. I've been granted with my CR1 visa last month and right after that my husband and I got separated and I really don't know what is going to happen from now on or about our future, I really don't know, but I'm affraid of going to US, cause right now we're no longer together. We got married in October, 13th 2006. Anyway I still want to go to US, even if I'm not going to live with him, I don't even know if this is a definate situation between us. Anyway, I'm afraid that he goes to immigration and tell them that we're not together anymore and at POE I face problems with the IO.
Since I've married I've stoped working because we both agreed I should spend the time I had left here with my family before I go to live with him, we didn't think it would take that long to get my visa, we're far from knowing that it would take that long and it seems time and distance ruined our relationship. Now, after almost 2 years married to him just counting down the days to be with him, waiting to live a life with him, our dream was about to come true, I feel moral, emotional and prophessional harmed by his decision of breaking us apart. He had this same atitude last year (2007) in August and we staied 5 months apart and got together again in January (2008) and now he did the same a few days after I got my visa in July.
I have all the evidences that we had a bonafide marriage, over 3000 emails, lots of photos with friends and family together, wedding cards, letters from him, joint bank accounts here in Brazil, a power of attourney from him to me to fully manage bank accounts in Brazil.
I don't want to start my life here since I've been waiting for so long to begin a new life in US with him and now since itwas his decision not to stay with me anymore and at least I want and feel that I have the right to choose how and where I should live. We're not divorced and I don't know if we will..I don't want to give details in here because it's painful to me doing so, it's not being easy to deal with this situation right now, but I don't his decisions after 2 years of my life dedicated on us to determine now that I don't have options and don't have the right to choose what I want to do with my life now.
I'd be glad to read any advices, good or bad...just don't want anyone judging me because I think and feel that I have the right to choose where I want to live now. Just a reminding that things like this happens to couples that were in love from the begining...unfortunately it happened to me and my husband!
PS: He's an american citizen now, but he's also a brazilian citizen borned in the same city as me and we first met 17 years ago when we were teenagers and dated for 2 years, he left to US in 1991 and we met each other again in 2006 and got married here in Brazil 4 months later. And I have evidences of all this.

God bless you! helpsmilie.gif

Whatever you decide to do with the CR-1 visa, you would be required to remove any conditions on your permanent residence two years hence if you choose to travel to the USA on it. How could you expect to do that, if the marriage is in a terminal state before you even arrived in the USA?
diadromous mermaidFemale02008-08-08 21:56:00
Removing Conditions on Residency General Discussionconditional card received - my husban is trying to deport me
QUOTE (sheraz @ Jun 27 2008, 11:14 AM) <{POST_SNAPBACK}>
By the way I am a USC and so I know the process

Well, then you should know that USCIS is only concerned with the intent of the alien upon entering the marriage. If there are issues after marriage and the adjustment of status approval the alien is not bound to remain married in order to preserve residency status.
diadromous mermaidFemale02008-06-27 21:07:00
Removing Conditions on Residency General DiscussionDENIED: I-751 Petition to Remove Conditions
QUOTE (m0306 @ Aug 8 2008, 05:50 PM) <{POST_SNAPBACK}>
Ok here I go again. Our case is denied. My husband didnt tell me that there was a problem with the check that I sent to the USCIS together with the application. I just found out that they sent us a letter about the fee and that we should send in the correct fee on August 6, 2008. My husband didnt say anything about this. I just figured it out when I received the letter of rejection for our case.

So, we still owe the USCIS with the correct fee eventhough they rejected our application. The letter says that we can refile again with the correct fee.

Here is my questions:

--I'm just wondering if the extension letter from our case that is denied is still valid?

--Or do I have to refile before my greencard expires on Sept. 12?

--Are they going to send back the papers I sent them?


Rejected application or denied application?
diadromous mermaidFemale02008-08-08 21:49:00
Removing Conditions on Residency General DiscussionLeft US mid way through process due to family crisis
I'd try for an SB-1.
QUOTE
Returning Resident (SB-1) Visa

If you are a lawful permanent resident and you are unable to return to the United States within the travel validity period of a Permanent Resident Card (one year), or a Reentry Permit (two years), you may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for this status, you must show that:

You were a lawful permanent resident when you departed the United States;

When you departed, you intended to return to the United States and you have maintained this intent;

You are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and

You are eligible for the immigrant visa in all other respects.

If you wish to apply for a Returning Resident (SB-1) visa, you should contact the nearest consular office well in advance of you intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that you have given up your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis by which you immigrated originally, if that is possible.


http://travel.state..../info_1333.html
diadromous mermaidFemale02008-08-21 20:36:00
Removing Conditions on Residency General Discussiontraveling to Europe with expired gc
QUOTE (rejane @ Aug 22 2008, 10:02 PM) <{POST_SNAPBACK}>
Here' s my situation my husband, daughter and I are getting ready to takea trip to Europe.
My GC has long times expired and my case is in California.
Months ago i went to the uscis office where they stamped my passport for an extension of one year.
So yesterday I called the uscis to know what is goig on with my case and it's the same since february 2007 it' s pending.
At this point I' m very frustrated i get so little infos when i called regarding if it' s ok to travel or not ... But in the meanwhile it' s been really long since i have seen my family....
So did some of you experienced problems coming back in the US ?
Thank you in advance.
I took an info pass for tuesday morning in Denver.
Rejane

If you have a stamp in the passport, you have proof of legal status. The card might expire but your status as a permanent resident doesn't.
diadromous mermaidFemale02008-08-22 21:19:00
Removing Conditions on Residency General DiscussionHELP: Contradictory Request for More I-751 Information
QUOTE (ironwarrior @ Aug 22 2008, 03:58 PM) <{POST_SNAPBACK}>
UPDATE:

Regarding the K-1 questions related to Form 1120S, 2007 was the first year of filing 1120S, and yes, my wife did receive a K-1. Also, I will point out to them the purchase of a car under the S-Corp, which is listed as a depreciating asset where she owns 51%.

As for the "normal" paperwork the USCIS-tards want, I was able to put her name on the deed of our house (cost-$125) and record it in the courthouse. I should receive a copy next week. I also was able to find the paperwork for another term life insurance policy we have that was enacted in late 2007 as well as a printout of the automatic deductions from our corporate checking account.

I have a monstrous pile of credit card statements where we both are either primary or secondary, and I plan on photocopying the cards AND including selected statements of both.

QUESTION: I was wondering if I should elaborate through a Statement of Facts clarifying and referencing previous sent information as well as new information. My thought is that if for some ungodly reason they issue a complete denial, I can provide reams of evidence before a judge that I not only met the directions for the initial completion of I-751, but also went above and beyond to comply with the Letter of the Law.

One example, besides the "joint property" obsession USCIS has, is a copy of a family reunion picture as mentioned in my initial post with a list of the names and addresses of all my relatives in said picture. I realize that may be "overkill," but I can't afford much more stress or time dealing with this. As an architect, I have many contractual obligations to clients that MUST be met, and the more time I spend on this matter, the greater risk of me being sued for breach of contract for nonperformance.

Thoughts? Is a Statement of Facts too much? I certainly can write the legal narratives.

As always, I consider the advice on this Forum paramount.

IW


You're focusing on the wrong elements, in my opinion. You simply need to demonstrate, during the course of the marriage, that :
1) your wife resided with you. Show any example of her address being a shared address with you. As many examples of any type of mail or correspondence that is delivered to her, bearing your permanent address will do.
2) that you both pooled your assets and finances ~ in other words, commingled your funds, assets, and liabilities. If she, for example, had a gym membership that you paid for by checque, show it. If she signed checks to pay for utilities, show it. If she deposited any funds paid to her (interest, dividends, wages) into an account that bears you name, or likewise, if you did the same into an account that bears hers, show it.
3) that you held yourselves out as married. If you filed joint tax returns (doesn't matter if you filed an 1120, you also had to file a personal tax return) and it was filed as a married return, it will feature her name whether or not she earned wages.
4) that she entered the marriage with the intent that it would be sustaining. If either of you are named beneficiaries to any life insurance or health insurance policy, annuity, show it.

If samples of each of these types of evidence span the majority of the term of your marriage, you should be fine.

Edited by diadromous mermaid, 22 August 2008 - 09:32 PM.

diadromous mermaidFemale02008-08-22 21:31:00
Removing Conditions on Residency General DiscussionHELP: Contradictory Request for More I-751 Information
QUOTE (ironwarrior @ Aug 19 2008, 06:25 AM) <{POST_SNAPBACK}>
Thanks for all the information! Let me see if I can detail a bit more historical data:

1) When my wife and I got married, she was basically interested in just being a housewife and could not care less about the financial issues, employment, etc. This was fine by me since it took a good year for her to get acclimated to a change in culture and environment.

2) Regardless of her initial decision, any financial commingling was moot: NO bank or other financial institution would allow any joint accounts or assets until she had a SS#. We were not able to get a SS# until after Nov. 2005 (I still have the postmarked envelope).

3) Not mentioning business inclusiveness probably would be fraudulent (from a tax standpoint) since all my tax returns before and after marriage are heavily weighted toward Schedule C (with accompanying depreciation, self-employment tax, etc.).

4) The points about not mentioning our S-Corp surprised me, but OTOH, doesn't surprise me where the USCIS is concerned since they apparently aren't the brightest bulbs in the box. I am at a loss on this as it is something that has to be mentioned (again from a tax standpoint). Also, this is not something that can be undone as I have been slowly (dear God, is it slow) attempting to reallocate assets under my sole-proprietorship to the S-Corp. Since she has controlling interest, my wife actually has a greater implicit ownership than a standard marital asset (in my State, all marital assets acquired by me before marriage remain mine, particularly as a sole-proprietor). I only just filed S-Corp tax form 1120S, but it contains Schedule K-1 showing officer compensation (I can't provide a transcript in the time frame that USCIS wants).

5) Almost all credit cards were initially in my name and she was just added to the account. The statements only show my name; hence, why I sent photocopies of the actual cards (last four numbers blacked out).

6) We have two joint checking accounts, but they are very, very rarely used since liability payments are either through my sole-proprietorship or current S-Corp.

7) I am unable to obtain health insurance--too costly.

8) The cell phone idea sounds good if I can find any bill that directly mentions the "Family Plan." As with ALL bills, my name is the only name on the bill.

9) I have worked out my house for the last 3 years. My wife and I are around each other 24/7, but I really have no way to "prove" that she is around all the time.

10) On Dec. 27, 2007, we purchased a new car under the S-Corp, but due to credit worthiness, I am the Guarantor on the Note. Technically, she owns 51% of the vehicle, but I don't know if I can explain this in the language that the imbeciles from USCIS can understand.

What truly irks me (beyond them questioning my taxes) is how they glossed over any pictures I sent. Anyone with an iota of commonsense could realize that four years of family reunion pictures showing my wife and I standing with 10-15 family members each year is a strong indicator that my marriage is bona fide. Also, my wife has a strong relationship with my family, and they provided 1/2 of the original affidavits (NOTE: Her family DOES NOT acknowledge our marriage due to differences in religion).

I wish I was a lawyer as I'd file a civil suit against USCIS for "emotional duress." Sure, I know the government is immune to these lawsuits, but maybe it would wake these morons up and let them know not everyone is trying to "screw the system." I am a licensed architect and due to State-regulated professional licensure, I am under careful scrutiny--defrauding the government isn't even an imaginable option.

If USCIS wants to interview us...nay, no reason for euphemisms--we all know the word "interrogate" is more appropriate; FINE. Have at it. Dragging this process out is maddening.

Any additional comments are welcome as the clock counts down.


So your wife receives a K-1 showing her 51% share of your practice? If you file joint tax returns, her K-1 figures would be included, no?
diadromous mermaidFemale02008-08-19 20:51:00
Removing Conditions on Residency General DiscussionI-751
QUOTE (MichaelII @ Aug 24 2008, 08:55 PM) <{POST_SNAPBACK}>
Can I change my wife last name on the application to my . We never the

Last names in the beginning. I don’t want this to get complicated .

Can I simply change the last on the I-751 application ???


Thank you

Did she take your last name in marriage?
diadromous mermaidFemale02008-08-24 20:36:00
Removing Conditions on Residency General DiscussionDenied I-751. What now?
"Who" sent the notice of denial? If it is the local district office, make an InfoPass appointment immediately, and see if the local office will re-open the file on their own motion (oftentimes this would be done without a fee). If not then your options are to file an MTR with a form I-290B or to refile the I-751 again, but if you have any questions at all, then consult an immigration attorney at once.
diadromous mermaidFemale02008-06-24 19:10:00
Removing Conditions on Residency General DiscussionDenied I-751. What now?
QUOTE (J&B1029 @ Jun 21 2008, 10:08 AM) <{POST_SNAPBACK}>
Hi, I'm new to the group and have a serious situation. My wife and I are happily married. We sent in information to remove conditional residency. It was not enough so they requested more. We sent in more but it was 6 days late. We were denied because we did not respond in the "allowable period". They stated we can appeal/motion by within 30 days with a filing FEE OF $585! We don't have that kind of money laying around. We went to our local immigration office in Newark NJ. They took my wife expired permenant residence card. They said we could start the process all over(refile the751) but I'm unsure. Also, I was reading after you get denied they start the deportation process. WE HAVE A SON WE ARE LEGIT THIS IS BULL! Can the group please give me some advice. I'm afraid that I may lose my wife to the powers that be. Or be force to move to D.R. with her and my son(us citizen). I don't want to waste money on refiling if they are going to reject me because we filed already once. Anyone have experience with this?


"Who" sent the notice of denial? If it is the local district office, make an InfoPass appointment immediately, and see if the local office will re-open the file on their own motion (oftentimes this would be done without a fee). If not then your options are to file an MTR with a form I-290B or to refile the I-751 again, but if you have any questions at all, then consult an immigration attorney at once.
diadromous mermaidFemale02008-06-22 16:26:00
Removing Conditions on Residency General DiscussionRemoving conditions interview!
QUOTE (Haole @ Sep 7 2008, 08:15 PM) <{POST_SNAPBACK}>
QUOTE ( @ Sep 7 2008, 01:58 PM) <{POST_SNAPBACK}>
What, exactly, do you mean?
QUOTE (Haole @ Sep 7 2008, 07:52 PM)
If you had the I-751 interview did you see any pictures and documents from your AOS interview?



Did you see the pictures, documents and evidence at your adjustment of status interview at your removing condition interview. Other wise was all your AOS documents and evidence forwarded to the I-751 interview?
Maybe also end up at your naturalization interview?
I saw a LOT if not all of the original petition and evidence [Ex. Pictures, forms etc.] submitted at embassy interview at our AOS interview.
Hope that's a bit clearer. blink.gif


Ah, I see. Well, most likely a large part of the file is on hand at the district office, yes. Many I-751 submissions are adjudicated without an interniew, with only randomly picked cases or cases that are not well-documented being called for an interiew, there is a chance that the whole file might not be forwarded unless there is a need for the AO to determine the legitimacy of the marriage right there and then. However, I find it rather unlikely that the alien would have any sort of access to the file to look over anything in there.
diadromous mermaidFemale02008-09-07 19:25:00
Removing Conditions on Residency General DiscussionRemoving conditions interview!
What, exactly, do you mean?
QUOTE (Haole @ Sep 7 2008, 07:52 PM) <{POST_SNAPBACK}>
If you had the I-751 interview did you see any pictures and documents from your AOS interview?

diadromous mermaidFemale02008-09-07 18:58:00
Removing Conditions on Residency General Discussioncover letter with explanation?
QUOTE (tobetogether @ Sep 8 2008, 06:14 PM) <{POST_SNAPBACK}>
QUOTE (Old Dominion @ Sep 8 2008, 04:49 PM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Sep 8 2008, 05:47 PM) <{POST_SNAPBACK}>
Is it a requirement to submit every bank statement from beginning to end?

Health insurance is not a factor except as one form of evidence that you are in a bona fide marriage. One recent bank statement in both names should be more than enough to provide further evidence.



No, it's not a requierment to provide every single bank statements. In my undrestanding, it is important to make sure, that the evidence covers whole two years though. Our 2007 evidence just looks worse. Thats why i'm concerned and i think that maybe i should let them know why.

Thanks for responding guys!

I say that if their exclusion would show a large gap in the period since you've been married, include them with a note attached that states that while there shows less activity during your husband's period of unemployment, you maintained a joint account.
diadromous mermaidFemale02008-09-08 17:19:00
Removing Conditions on Residency General DiscussionLate Filing
QUOTE (Yardiewife @ Sep 9 2008, 01:48 PM) <{POST_SNAPBACK}>
Thanks DM and JG biggrin.gif

Yeah it says that it is extended for a year. I am not worried about the 10 year card at this point. Just gonna wait to see what happens with that. Did all I could and that is that. Just worried about our trip in Oct. and if an officer would/could make a problem about the time span regardless of what the papers says.


Well, if the NOA says that your conditional resident card has been extended for one year, you're OK. For others reading this, bear in mind that acceptance of an untimely filed application is discretionary.
diadromous mermaidFemale02008-09-09 13:48:00
Removing Conditions on Residency General DiscussionLate Filing
QUOTE (Yardiewife @ Sep 9 2008, 01:37 PM) <{POST_SNAPBACK}>
Could a big deal be made about the span of time between expiration and NOA?

Yes, a big deal could be made, because technically you were out of status, and the choice to overlook the delay is discretionary.
diadromous mermaidFemale02008-09-09 12:40:00
Removing Conditions on Residency General DiscussionMoving...
QUOTE (M. @ Sep 23 2008, 08:51 PM) <{POST_SNAPBACK}>
QUOTE (Mononoke28 @ Sep 23 2008, 06:27 PM) <{POST_SNAPBACK}>
You and your husband have to report a change of address within 30 days of moving. He will have to file an AR-11 and you will have to file an I-865.

Diana


Is that true for as long as we live in the country, even without any applications pending? For example, I understand that while we have applications pending, we have to notify USCIS of address changes, but what about when we don't, such as after we have the 10 year card?


QUOTE
All non-U.S. citizens (aliens) who are required to be registered are also required to keep the USCIS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted. It is also mandatory for any alien who has been designated as a "special registrant" under 8 CFR § 264.1(f)(as amended by 67 Federal Register 52585 (August 12, 2002) to inform the USCIS whenever he or she has a change of address, employment or school. The special registrant rule is effective as of September 11, 2002.

In the past, our predecessor, the INS, required every alien in the United States to report his or her address annually, in January. This requirement was eliminated in 1980 and annual reporting is no longer required. However, if you are not a U.S. citizen, the law still requires that you report any change of address change within 10 days of the change.


http://www.ailc.com/howdoi/address.htm
diadromous mermaidFemale02008-09-23 19:57:00
Removing Conditions on Residency General DiscussionDivorce in two weeks/Re-file I-751
QUOTE (cherr1980 @ Jun 17 2008, 08:54 AM) <{POST_SNAPBACK}>
helpsmilie.gif Okay, I always answer about divorce cases because I am in the same boat or kind of.

My divorce will be final in two weeks. I really was expecting it for August, but is going to be in two weeks. I am very excited that this chapter will be closed so soon.

We originally filed the I-751 together while we were in discussions about separation last year and that he considered that I should stay in a marriage just because I made a vow to be with him until death. He told me he won't give me ever the divorce even if I have to be deported. At the end he signed the papers because he said he did not want that USCIS think that he was a bad person.

Our marriage was totally legit. I have plenty of financial links, insurance home/cars/life, banks statements, 401K, health insurance, mortgage of the house, deed, credit card, family pictures, traveling a lot, etc.

Finally after over six months of fightning and leave him with the house and everything in it, I just left with my clothes and a computer, he signed the settlement agreement. Still he needs to refinance the house, the loan and the deed is in both names.

I already moved and I just filed my AR-11. I filed in TSC in 12/13/07 and it has been in VSC since Jan.

I am the one who filed for divorce because my living with him was not possible any longer, verbally he was a master, there was no way to have a fair discussion with him that ended me getting insulted as ignorant, irrational foreigner. I don't know how I last so long. We went to marriage counseling thanks that I pushed for it but did not work since he said that he does not believe in therapists and I was the problem not him. I tried last year to go again to another counselor and he said that "irrational and crazy people like me, should be treated it like he treats me because that is what people like me deserved". I always remembered those words.

I mean, there were bad things in both fronts. There always he said and she said...but really, this time, there was really nothing I could do, he won't change or realized that he needed to change. He was married before with another foreigner, same age as me and now I found out his previous divorce papers and the dates and things he said, did not match. He said that she cheated on him...and everybody believed him even there was no proof of what he was saying only that "a friend" told him that saw her with a guy. Now he said the same thing about me...so just make the math. And it was her who wanted to leave him. He stayed separated for two years just to make her life hell. And he is doing to mine too, he already told me he will break our agreement that is in court and nobody can't do anything to him because he is going to be deployed to Iraq, which I don't know if it's true.

I went to therapy for over six months. I am trying to go on with my life. But I am not sure what I have to do now.

I went to an immigration lawyer at the beginning and told me that I have to refile my paperwork after I get my divorce decree and include a letter explaining why I did divorce and practically put everything that it was in both names or after my divorce. I still have all the paperwork, I took all our financial papers with me. I am not sure if I should include a copy of my receipt numbers and all that of my last filing.

Please help. Any feedback is appreciated. Just want to be sure...that's what it needs to be done. I already preparing my package so I can include my divorce decree and send that file right away to VSC.


If your divorce becomes final before the I-751 is adjudicated (decided) then you should withdraw the original petition, stating that you are replacing it with a waiver (same form I-751, but with "d" checked). You can attach a cover sheet (letter) with your self-petition indicating the prior filing, and the reason you are now submitting the waiver. From there USCIS should be able to marry the two files.
diadromous mermaidFemale02008-06-20 21:29:00
Removing Conditions on Residency General DiscussionI-751 Issues with people trying to blackmail me.
Are they US citizens?
QUOTE (Lisa1980 @ Oct 13 2008, 11:38 AM) <{POST_SNAPBACK}>
I have problem. I have some relatives in Europe that are trying to ruin my life and they are doing everything to bring me down. They have sent embarrassing emails to my friends and other relatives and they created embarrassing stories about me. And now, the latest that I have heard is that, they have my social security number and my passport number and that they wrote a letter to the Immigration Office in here in the US saying that I committed fraud in obtaining my Green Card. I am currently processing removal of conditions on my Green Card and I am divorce. I did not commit any fraud, but I am still concerned about the kind of impact this might do to my Green Card application. Please help me.

diadromous mermaidFemale02008-10-13 20:03:00
Removing Conditions on Residency General DiscussionWaiting for a decision
Did you receive a notice from USCIS on this?
QUOTE (safroot @ Oct 6 2008, 06:42 PM) <{POST_SNAPBACK}>
oh,man i'm screwed i don't know where to begin. simply my case got denied and for a stupid reason, they think my marriage wasn't real,w hich is not true i supplied all the evidence that says it's true.
i don't know what to do right now,any ideas??????????

diadromous mermaidFemale02008-10-06 17:53:00
Removing Conditions on Residency General DiscussionIs he going to be DENIED?
QUOTE (Milva @ Oct 13 2008, 04:00 PM) <{POST_SNAPBACK}>
Thank you all for your support believe me it helps! And you guys are right WHEN we applied we did not lie however I am concerned that when the biometrics report goes to them (we applied in May 2008) therefore they have not gotten to our application as of yet it will show. Does anyone know if this is enough to be rejected or worse the extension revoked or not allowed entry back to the US. I am worried because we have a baby who loves his father and I do not want to separate that bond. This is his first and only offense, he has never been in trouble with the law, he works and pays taxes. PLEASE HELP ME? What should we do?

Thanks


Is he outside the country now?
diadromous mermaidFemale02008-10-13 20:06:00
Removing Conditions on Residency General DiscussionI751 waiver interview scheduled
QUOTE (cherr1980 @ Sep 25 2008, 07:28 AM) <{POST_SNAPBACK}>
Well keep us posted.
I filed for a waiver as well, but I did it right after I divorced...so practically I have two cases pending...we'll see.

What do you mean, two cases pending?
diadromous mermaidFemale02008-09-25 06:43:00
Removing Conditions on Residency General DiscussionUp The Creek?
True, but for other purposes, such as traveling a stamp in the passport or an NOA is necessary. Also, if an alien is seeking new work, or being re-verified.
QUOTE (YuAndDan @ Oct 26 2008, 04:28 PM) <{POST_SNAPBACK}>
When did you file the I-751?? Time line lacks this timeline.gif http://www.visajourn...le.php?id=19839

You have delivery confirmation. Your status does not change after CR-Green-Card expires, it changes if and when USCIS makes a negative decision on the I-751.

diadromous mermaidFemale02008-10-26 16:01:00
Removing Conditions on Residency General DiscussionMore Evidence for I-751 and Now Separated ..
How on earth do you know this?
QUOTE (Haole @ Nov 1 2008, 04:56 PM) <{POST_SNAPBACK}>
You are facing fraud charges. Best thing is to get a lawyer.

diadromous mermaidFemale02008-11-02 20:15:00
Removing Conditions on Residency General DiscussionMIDDLE OF DIVORCE & HAD AN INTERVIEW BUT WAS STILL APPROVED!
QUOTE (fallenstar_che @ Jul 27 2008, 02:42 AM) <{POST_SNAPBACK}>
MY HUSBAND & I WERE IN A MIDDLE OF A DIVORCE WHEN WE WERE CALLED FOR AN INTERVIEW IN A LOCAL CHICAGO OFFICE TOGETHER WITH OUR LAWYER..THOUGH OUR MARRIAGE DIDNT WORK OUT HE DID CAME WITH ME IN THE INTERVIEW . THE IMMIGRATION OFFICER STARTED ASKING US BASIC QUESTIONS LIKE NAMES & CURRENT ADDRESS WHILE LOOKING AT OUR DRIVER L. IF WE BOTH LIVED IN THE SAME PLACE WHICH WEVE BEEN SEPARATED FOR AT LEAST 1 YR. WE DID MAKE THE OFFICER AWARE THAT THERE IS A PENDING DIVORCE CURRENTLY ,ALL QUESTIONS WAS FOCUSED TO MY HUSBAND ABOUT DATE OF OUR MARRIAGES,WHERE & WHEN ,SAME THING WITH OUR PICTURES . THE OFFICER ASK MY HUSBAND ALSO WHY HIS WITH ME IF THERES A DIVORCE PENDING? HE JUST ANSWERED HIM BACK THAT THOUGH THINGS DIDNT WORK OUT FOR US ,WE DO STILL CARE FOR EACH OTHER ,HE DID A REVIEW AGAIN IN OUR PAPERWORk & TOLD ME THAT APPLICATION IS APPROVED & HE HAS NO QUESTIONS TO ME ,HE JUST SAID GOODLUCK TO ME & FILE FOR MY CITIZENSHIP SOON ..( IM SO GRATEFUL THAT HIS THE ONE WHO INTERVIEWED US ,HE COULD HAVE GIVE US A HARD TIME BUT THE INTERVIEW WENT REALLY SMOOTH). IF THERES ANY ADVICE I COULD GIVE TO PEOPLE THAT HAVE SIMILAR SITUATION TO ME IS ALWAYS TELL THE TRUTH OTHERWISE IT WILL ALWAYS COME BACK TO YOU..THERE'S ALWAYS A LIGHT IN THE END OF THE TUNNEL:)


Yet another example of how the USC petitioner's testimony as to the bonafide nature of the union carries a lot of weight. Congratulations!
diadromous mermaidFemale02008-07-27 15:09:00
Removing Conditions on Residency General DiscussionFiling out I 751 for child
Since the child (your daughter) fills out a separate I-751. Information in Part 1 of the form is all about "HER". She would check box 2"b" in Part 2 of the form. She would fill out Part 3, IF any of the questions apply.
She would place information about YOU (the K-1 beneficiary) in Part 4 of the form. There would likely be no entries in part 5, since she is a child and has no children. She would sign Part 6, or if unable to place her own signature on the form (in the case of very young children) the parent would sign the form in Part 7.

QUOTE (BeHappy @ Sep 3 2008, 06:59 PM) <{POST_SNAPBACK}>
"My wife's name is in the Part 1 and Part 2 b is checked? Additional information is my wife's information again, and my (sponsor) information is part 4. Daughter's information is in Part 5. Both my wife and I sign part 6."


I think almost all that you said here is wrong...
Part 1 is the daughter name ( she is the one who need conditional removed)
Part 2 . Yes, need to be checked 2 b and have a separate document where you will exapain why the dauther is filing a separate I 751 petition.
Part 3 is again the daugher
Part 4 is you the sponsor means the US citizen ( I AM NOT SURE HERE THAT IS WHY I NEED MYSELF AN ADVICE)
Part 5 is the daughter who just file N/A if she doesn't have her own children.
Part 6 is just your daughter signature if she is able to sign.
Part 7 Must filled out only if the daugher is just a little girl who can not file by her self this form and will be you or your wife.

I am still hopping there is somebody here who can tell us if this is corect or not. I really aprecite if someone can help us!
Thank you.

diadromous mermaidFemale02008-11-30 19:10:00
Removing Conditions on Residency General DiscussionI-751 and divorce in NY
Quite simply put, the point is that YOU can't relieve your husband of obligations that he made and that are irrevocable with the USCIS. Even though he is asking you to do that, I don't believe you have the power to do so. You *might* have the power to bring him to suit for support, and use the extant Affidavit of Support, wherein he obliges to support you to the tune of 125% of the poverty guidelineNow, what he *might* be trying to do is to get you to sign something that states that you will never try to draw government benefits for which he would ultimately be responsible, and for which the government could opt to require him to reimburse. Also, what are the chances that you would be entitled to spousal support or alimony? You have only been married a short time, what does your attorney think you are being asked to relinquish in terms of what is rightfully yours? This is something you really need to discuss with YOUR attorney, to devise a game plan.

You need to make your attorney aware of the fact that with conditions removed from your green card, YOU will have the ability to work and support yourself, and less likely to have to turn to government aid to exist. Of course, that your attorney should already know.
QUOTE (MihaelaNYS @ Nov 30 2008, 08:23 PM) <{POST_SNAPBACK}>
"Have you discussed this in detail with your lawyer? "
No yet, but that will be the next step, once my husband will agree to not contest the divorce anymore. ... .

"if your husband's attorney is angling to have you sign something to state that he will no longer be responsible for his obligation to USCIS, I don't think that will work. "
yes, that's the condition under which he might consider giving me the divorce ...

"I suspect some underlying machinations on the part of your husband and his attorney, to get you to relinquish some rights under the auspices that it will be relinquishing your husband's obligation to USCIS."
I have to admit, I dont quite understand what you mean (my English is not that good, sorry).
What happends is more like a blackmail: he wants out of the marriage and out of the sponsorship in exchange with him giving me the divorce.

If we manage to get this over with and I get a divorce decree under constructive abandonment ground, would I be able to claim abuse to USCIS ? ... That all this happened because he abused me ?! (and bring supporting evidence with it) .

Thank you all for your answers. smile.gif

diadromous mermaidFemale02008-11-30 21:38:00
Removing Conditions on Residency General DiscussionI-751 and divorce in NY
QUOTE (MihaelaNYS @ Nov 30 2008, 07:13 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 30 2008, 08:00 PM) <{POST_SNAPBACK}>

Have you, or will you have lived apart for 12 months prior to the date your GC expires?

.................
We still live in the same house (since I cannot afford rent and lawyers.)... but I understand that if we sign an agreement that stipulates that we didnt cohabit (meaning marital relationship) from February 2007, then in 2008 same month, divorce decree can be signed by judge. Should I settle (and get the divorce decree under the ground of constructive abandonment) or go for the trial (which can be a very long and extremely expensive battle) under the ground of abuse ?



Have you discussed this in detail with your lawyer? Your lawyer should go through every point with you, and detail all of the "waht ifs" that would be outlined in this purported settlement agreement, before you consider signing anything.

I am quite sure that if you both prepare and endorse a settlement agreement, then the marriage will be terminated through divorce. The annulment allegation would no longer exist, and in the eyes of USCIS your marriage would have ended througha simple divorce. Divorce does not terminate his obligation with USCIS as far as the Affidavit of Support goes, and therefore the Affidavit that your husband signed would still be extant and enforceable./ Of course, if your husband's attorney is angling to have you sign something to state that he will no longer be responsible for his obligation to USCIS, I don't think that will work. "You" can't satisfy his obligation to the USCIS simply by signing that you will provide another sponsor, in fact, unless your petitioner is deceased, you can't substitute the sponsor.

I suspect some underlying machinations on the part of your husband and his attorney, to get you to relinquish some rights under the auspices that it will be relinquishing your husband's obligation to USCIS.
diadromous mermaidFemale02008-11-30 19:44:00
Removing Conditions on Residency General DiscussionI-751 and divorce in NY
Have you, or will you have lived apart for 12 months prior to the date your GC expires?

QUOTE (MihaelaNYS @ Nov 30 2008, 06:44 PM) <{POST_SNAPBACK}>
Hi everybody,
I am in a critical situation and I have to take a very important decision soon.
I need all the help I can get from people that went throw something like this (applied successfully for removal of condition on their GC while divorced from an spiteful spouse) or know the law on immigration issues.
I have a conditional GC based on marriage. My husband filled for an annulment on the marriage (I can loose my right to reside in US)
and I filled for divorce claiming abuse on his part. Now, my lawyer said that my husband would give me the divorce only if I find another sponsor and I won't ask anything from him (support, property, pension, health insurance, counselor fees.... anything).
In order for me to get a divorce decree, a settelment agreement has to be signed by both parties.
I have to decide if I sign the settelment or go for the trial. (I have only 5 months left before my GC expire.
On the divorce decree, does it say on what ground the marriage was terminated?
What chances would I stand (immigration wise) if I sign an agreement/settelment ?!
I know he will do anything to prevent me for lifting the temporary condition on my GC.

Thank you

diadromous mermaidFemale02008-11-30 19:00:00
Removing Conditions on Residency General DiscussionI-751 filing time frame after finalized divorce
QUOTE (CResidentfl @ Dec 9 2008, 03:25 PM) <{POST_SNAPBACK}>
Hi Guys, need some help here

One of my friends just got her divorce decree but she still has 7-8 months left until her green card expires. So me and another friend of us were arguing today when the best/lawful time to file I-751 should be. He says that she can wait for the period of 90 days before the green card expiration date with no problem because I-751 instructions say that when filing on waiver "YOU CAN FILE AT ANY TIME". What I think and from what I have read so far I know that You should(must) file IMMEDIATELY to remove your conditions based on a divorce waiver after your divorce is FINAL before you are removed from the country. Yes, You could probably wait but you decide to take the risk on your own.

WHO IS RIGHT?

THANK YOU


Until the 90 day window has closed, there is no risk involved, if a divorcée were to wait to file, but for what purpose? After divorce the alien cannot accrue any more evidence of the bonafide nature of the former marriage, and unless a delay in filing is due to some financial incapacity then most would be encouraged to do it right away.
diadromous mermaidFemale02008-12-11 17:39:00
Removing Conditions on Residency General Discussionseperate and Divorce pending, yet partner willing to jointly file I-751 before divorce
A couple can submit a joint application, as long as it is replaced with a waiver if the divorce becomes final prior to the application being adjudicated.
QUOTE (yesmcgrath @ Dec 11 2008, 07:09 PM) <{POST_SNAPBACK}>
Hello All,

I will try to make this brief so you all can understand my situation.

I am a conditional greencard holder and my wife has recently filed for divorce due to her ambitions. Quite frankly I am heartbroken and lost, i did not want this day to ever come.

My problem is this, i am currenly within the window to file removal of conditions, and my spouse is willing to file jointly she wishes nothing bad on me. Is it acceptable for her to jointly file with me considering she has filed for divorce and it is not yet final?

the marriage was entered into good faith and i am devastated that it has ended, we have a vast array of evidence to prove that for the past two years we have done everything toegther.

what is the likelyhood of my conditions being successfully lifted? My life is already ruined in one respect, i surely hope im not deported ontop of it all.

Thank you all in advance, please help!


diadromous mermaidFemale02008-12-11 21:00:00
Removing Conditions on Residency General Discussionstep daughter now 21 yrs old
That's right.

See this,

QUOTE
TITLE 8 - ALIENS AND NATIONALITY

CHAPTER I - DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER B - IMMIGRATION REGULATIONS

PART 216 - CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS

216.4 - Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.



(a) Filing the petition(1) General procedures. Within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained permanent residence, the alien and the alien's spouse who filed the original immigrant visa petition or fiance/fiancee petition through which the alien obtained permanent residence must file a Petition to Remove the Conditions on Residence (Form I751) with the Service. The petition shall be filed within this time period regardless of the amount of physical presence which the alien has accumulated in the United States. Before Form I751 may be considered as properly filed, it must be accompanied by the fee required under 103.7(cool.gif of this chapter and by documentation as described in paragraph (a)(5) of this section, and it must be properly signed by the alien and the alien's spouse. If the joint petition cannot be filed due to the termination of the marriage through annulment, divorce, or the death of the petitioning spouse, or if the petitioning spouse refuses to join in the filing of the petition, the conditional permanent resident may apply for a waiver of the requirement to file the joint petition in accordance with the provisions of 216.5 of this part. Upon receipt of a properly filed Form I751, the alien's conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.

(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 I751).
From CFR Title 8, 216.4

QUOTE (cooper @ Nov 28 2008, 06:52 PM) <{POST_SNAPBACK}>
New update. I received a NOA today from the VSC. It says nothing about the daughter being 21 now and connot be included. It states they she cannot be included because according to section 216.4 of CFR8 she cannot be included because she didnt receive her conditional green card on the same date or within 90 days of her mother. Both went to the interview for the conditional card at the same time.
The daughters card was issued 12/20/06 and mothers card 12/26/06, are they telling me that because the daughters card was issued before my wifes that this is why she canot be included?
Her card was issued first and not on the same day or within 90 days of her mothers?
What should I do now?

diadromous mermaidFemale02008-11-29 18:08:00
Removing Conditions on Residency General DiscussionWhat should the classification on our green card be IR6 or IR1
QUOTE (karenros @ Dec 20 2008, 05:36 PM) <{POST_SNAPBACK}>
Was just wondering what should the classification on my greencard be.. I came to the us on a K3 visa.



IR1 Spouse of a U.S. citizen. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA - ((entered with IV))

IR2 Child of a U.S. citizen. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA - ((entered with IV))

IR3 Orphan adopted abroad by a U.S. citizen. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA - ((entered with IV))

IR4 Orphan to be adopted by a U.S. citizen. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA - ((entered with IV))

IR5 Parent of a U.S. citizen. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA - ((entered with IV))

IR6 Spouse of a U.S. citizen. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA - ((Adjusted status))

CR1 Spouse of a U.S. citizen - conditional. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA and 216 as
added by PL-99-639 (Nov. 10, 1986) - ((entered with IV))

CR2 Step-child of a U.S. citizen - conditional. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA and 216 as
added by PL-99-639 (Nov. 10, 1986) - ((entered with IV))

CR6 Spouse of a U.S. citizen - conditional. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA and 216 as
added by PL-99-639 (Nov. 10, 1986)- ((Adjusted status))

CR7 Step-child of a U.S. citizen - conditional. Sec. 201(B.)(2)(- ((Adjusted status)))(i) of the INA and 216 as
added by PL-99-639 (Nov. 10, 1986) - ((Adjusted status))

Edited by diadromous mermaid, 20 December 2008 - 05:42 PM.

diadromous mermaidFemale02008-12-20 17:42:00
Removing Conditions on Residency General DiscussionSham Marriage
QUOTE (Old Dominion @ Dec 15 2008, 09:27 PM) <{POST_SNAPBACK}>
Without a sponsor, she can't file for AOS.

Not without resorting to a VAWA claim, that is.
diadromous mermaidFemale02008-12-21 16:25:00
Removing Conditions on Residency General DiscussionSham Marriage
With a marriage of only one month, how much cleaner can a divorce become? She's not entitled to much more than her personal possessions and a ticket back home, I'd imagine.
QUOTE (frostbitten @ Dec 15 2008, 08:48 PM) <{POST_SNAPBACK}>
Married for a month to k1. She tried to get me to help her get her gc by promising a clean divorce. She is living in my home. I notified ICE they took report. I am afraid to go home in fear she might try to trump up a charge of violence in order to self petition. I think she will self petition for aos anyway to buy time here. She lied by telling me she has no family here but she has a aunt in a nearby city and i have a photo with them. any advice would be appreciated. Thanks


diadromous mermaidFemale02008-12-15 20:58:00