ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionWife thinks husband married for green Card
QUOTE (mikeH @ Jun 9 2008, 08:40 PM) <{POST_SNAPBACK}>
our family friend married some one. He got coditional green card couple months ago. She noticed that husband is a completely changed person, after he got his conditional green card. She is thinking he married her for green card. She is bitter. She wants to punish him. What she can Do Now.


It isn't her position to punish him. It is her right to make the government aware if she has reason to believe and proof to show that his intentions upon entering marriage with her were not genuine.
diadromous mermaidFemale02008-06-09 20:48:00
Removing Conditions on Residency General Discussionneed help for my son
QUOTE (asawa88 @ Jul 12 2008, 07:27 PM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Jul 12 2008, 05:59 PM) <{POST_SNAPBACK}>
Have you filed the I-485 for him to get a green card?

not yet do i have too ?? or just file for I-175 for my 10 years green card and include my son ??? thank's

He must submit the I-485 wait for it to be approved. If his approval comes 90 or more days after your green card approval, then he will submit a separate I-751 when the time comes.
diadromous mermaidFemale02008-07-12 18:33:00
Removing Conditions on Residency General Discussionneed help for my son
QUOTE (asawa88 @ Jul 11 2008, 07:30 PM) <{POST_SNAPBACK}>
wanna ask here if you can help me my Q? is soon i need to apply my 10 years green card but my son dont have any green card yet .( im single mother ) and married to US citizen ,,NOW what do i need to do? file for my son first change status or just include my son for my I-175 remove conditions permanent resident status ??? THank's star_smile.gif alot to this website help alot



How did your son come to be in the US?
diadromous mermaidFemale02008-07-12 17:45:00
Removing Conditions on Residency General DiscussionWhat are the penalties if you file your I-175 late for few days?
QUOTE (NickD @ Jul 16 2008, 09:20 PM) <{POST_SNAPBACK}>
Ha, a question I was afraid to ask, why are the kids also put on conditional status, they didn't have anything to do with the marriage. And what happens if the marriage does break up, and the kids want to stay with the USC? What the heck, a nice home, their very own computer, a car, money....



Surpisingly enough, the child is subject to the same requirements as the parent..that the marriage through which their status was conferred was bonafide. If the marriage terminates or the parent is unable to demonstrate to the Service's satisfaction that the marriage is bonafide, the child's status is in jeopardy as well.
diadromous mermaidFemale02008-07-16 20:55:00
Removing Conditions on Residency General DiscussionWhat are the penalties if you file your I-175 late for few days?
QUOTE (kalai&malia @ Jul 16 2008, 08:16 PM) <{POST_SNAPBACK}>
QUOTE (shakeypoolplayer @ Jul 16 2008, 06:44 PM) <{POST_SNAPBACK}>
What will Happen if your GC expire before filling for I-751?What are the penalties?

Here's my situation, My daughter and I filed at the same time (AOS)but she got her GC B4 mine. We are more than 90 days apart. Can we file I-175 together to save money?since the time I will file my I-175 her's will be expired by 7 days.
You meant I-751. Your daughter can be included in your I-751 so long as you and your daughter arrived together in the US. Filing fee is $465 + two $80 biometrics = $625 Total.



Incorrect! The child beneficiary can only be included on the parent's I-751, if adjustment of status for the child was approved within 90 days of the parent.
diadromous mermaidFemale02008-07-16 20:52:00
Removing Conditions on Residency General DiscussionPR exp. 1/27/08, working with NSC. Need some hep
QUOTE (prrenew1126 @ Dec 2 2007, 11:21 AM) <{POST_SNAPBACK}>
I am planning on sending I-751 on Dec 8, 2007 to Nebraska Service Center with following documents.
1. 2006 tax return
2. joint bank account
3. Affidavit from 2 friends

Q1. Do you think this is enough? I dont have any thing else in joint account. Never though stuff like this would required.

Q2. Am I late? What would happen after they receive the application as far as residency concern? I know they send one year extention notice. But NSC is very slow. Will I receive that before 1/27/08?


Please provide your input.

thank you,


Personally, I think your evidence is very scant. The request for documentation is to demonstrate that the marriage is bonafide and that you and your spouse are indeed living together and doing the things normal married people do. Imagine, if you will, a couple that has entered into a marriage for the wrong purpose (to assist an alien in securing permanent residency in the USA) and are attempting to evade immigration laws. Wouldn't there evidence resemble yours?

Be creative. You don't have to have both names on evidence. You just have to put together pieces that paint a picture of the two of you sharing a home, a social life and family.
diadromous mermaidFemale02007-12-02 12:28:00
Removing Conditions on Residency General Discussionwill I be able to work ?
QUOTE (RichardS @ Dec 4 2007, 02:39 PM) <{POST_SNAPBACK}>
Hi Anastasia....

"Legally" without filing for the I-751, your GC will expire on the designated date and you are supposed to leave the country as you no longer have resident status!

HAVING SAID THAT ......

You have 90-days before expiration of your GC to file for the I-751 and you can do so anytime within that time period. As long as you have filed and have proof of same, there shouldn't be any grief. There was some thread working here over the past week or so which more closely addressed this issue ... somethng about what the employer can legally see and not see. You may wish to back-track to find this information.

Good luck!


QUOTE (Anastassia @ Dec 4 2007, 02:31 PM) <{POST_SNAPBACK}>
Employer is asking what about my green card. The current one expires on January 18th, I haven't submitted any doc's yet. What will happen ? Will I be able to work when my temporary card expires ?

thanks

Ana




Employer is obliged to undertake re-verification with any alien whose documentation is about to expire.
diadromous mermaidFemale02007-12-04 14:44:00
Removing Conditions on Residency General Discussionwill I be able to work ?
QUOTE (Anastassia @ Dec 4 2007, 02:31 PM) <{POST_SNAPBACK}>
Employer is asking what about my green card. The current one expires on January 18th, I haven't submitted any doc's yet. What will happen ? Will I be able to work when my temporary card expires ?

thanks

Ana



Technically, if you allow your conditional green card to expire without applying to remove conditions, then you a rendered out of status, and any benefits that are incident to your status go with. So, you'd not be able to work. However, once you file the I-751 you should receive an NOA I-551 that extends your work authorisation for another year, pending adjudication of your I-751.
diadromous mermaidFemale02007-12-04 14:42:00
Removing Conditions on Residency General DiscussionConditions removed with little evidence
QUOTE (zqt3344 @ Dec 8 2007, 05:45 PM) <{POST_SNAPBACK}>
It is quite obvious from your post that you were very responsible and competent in following USCIS directions, laws and rules, thus it does not surprise me that you got approved with no interview so quickly. Good for you. Enjoy. good.gif

QUOTE (afroette @ Dec 4 2007, 08:06 PM) <{POST_SNAPBACK}>
Hey everyone! I just wanted to share the great news that my husband's conditions have been removed. We filed in late August, just before his expiration. The filed was transfered to California in September. He had biometrics Oct 12 or 14, one of those early teens. Then on Dec. 3 he was approved. We had no "touches" along the way.

Now I was so worried about an RFE because we didn't have any evidence of sharing utilities or checking accounts. No children, no will, no life insurance, no joint car ownership. Our checking and savings accounts are separate and no names on each other's accounts even! PLus the evidence we submitted did not expand the entire 2 years of conditional residence. The joint CD and beneficiary on bank account did not occur until May or June of this year. The earliest evidence, except for the letters, was in the middle of 2006. I will list the evidence below:

• Copy of green card
• Three original letters from U.S. citizen friends and relative attesting to our relationship and marriage
• Copies of tax transcripts for tax years 2004, 2005, and 2006
• Copy of our current apartment rental lease
• Copy of our current rental insurance notice
• Copies of our recent automobile insurance declarations
• Copy of our Visa credit cards
• Copy of State of xxxx Benefits Statement showing xxx listed as dependent for health insurance coverage
• Copy of letter from former employer offering extension of joint health insurance coverage
• Copy of our joint Sam’s Club account
• Copies of joint gym membership contracts
• Copy of our joint Certificate of Deposit
• Copy of my bank account showing xxx as beneficiary
• Letter from xxx’s former employer
• Funeral program showing xxx listed among family names
• Two envelopes from relatives showing me addressed with xxx’s last name
• Copies of xxxs bank statement and my bank statement showing some of our anniversary vacation expenses to Clearwater/Tampa, FL in July 2006
• Copies of xx’s bank statement and my bank statement showing some of our anniversary vacation expenses to Cherokee and Bryson City, North Carolina in August 2007

I am so happy and relieved. I am glad we can choose to do the citizenship process whenever. I wish you all luck on your journey, and I hope TSC gets out of the twilight zone!



"Approved with little evidence"??? I think you had a wealth of evidence.
diadromous mermaidFemale02007-12-08 18:11:00
Removing Conditions on Residency General DiscussionPlease, explain to me the removal of conditions second time
QUOTE (chispas @ Dec 8 2007, 02:20 PM) <{POST_SNAPBACK}>
Dia**
Just curious
How come some people are requested to have additional medical medical tests for lifting conditions and not others?
Chispas

Biometrics has nothing to do with a physical exam. Do you know what biometrics are?
diadromous mermaidFemale02007-12-08 18:08:00
Removing Conditions on Residency General DiscussionPlease, explain to me the removal of conditions second time
QUOTE (mdlinx @ Dec 8 2007, 02:42 AM) <{POST_SNAPBACK}>
We submitted everything in August 2006. Then I missed my biometrics.
I didn't know I had to have it. So, we are going to submit my papers
once more.
And I got an extension of my 2 years
card for another year. Now this extension expired. Will they give me
another extension if I resubmit the papers?


Time to consult an immigration attorney. I'd think that resubmission could pose a problem. An alien cannot have two concurrent petitions, and if the failure to attend biometrics hasn't precipitated a decision to deny, the original application may still be pending.
diadromous mermaidFemale02007-12-08 13:28:00
Removing Conditions on Residency General DiscussionHelp me with I-175
QUOTE (jsnearline @ Dec 16 2007, 08:17 AM) <{POST_SNAPBACK}>
Good question. The instructions on the latest version of the I-751 state that:

QUOTE
The documents should cover, but not limited to, the following examples...


On the one hand they refer to examples, but on the other, they say your evidence should cover what's listed. Now, something like a birth certificate wouldn't necessarily apply to everyone, but in the case of a lease or mortage contract, I would think that would apply to everyone since USCIS wants to see iron clad proof of joint residence.


Succinctly, the evidence should demonstrate to USCIS' satisfaction that the couple share the same residence, are living together and are commingling financial aspects of their lives as well. The OP has named the alien as beneficiary on insurance policies, and the couple files tax returns jointly. There is no law that requires they share a joint account, or that they share a mortgage. Not placing a spouse's name on an account or loan is not all that atypical. In fact, if the US citizen spouse has been married before, he'd be less inclined to simply turn over assets, until he was sure the relationship was going to last.

Edited by diadromous mermaid, 17 December 2007 - 07:56 AM.

diadromous mermaidFemale02007-12-17 07:55:00
Removing Conditions on Residency General Discussioni-751 -I am way outside the 90 day time period-Am i screwed?Help.
QUOTE (flattop @ Sep 25 2007, 04:41 PM) <{POST_SNAPBACK}>
QUOTE

Many have success if the reasons for late filing are reasonable to USCIS. If you don't have money for a lawyer, how about sending that I-751 in post haste, with a well worded explanation for its tardy submission, and engaging an attorney if something should go awry?


Thats exactly what Im considering doing.
Any suggestions as to What I should use for my excuse for being late?
The truth ? ?(That I sometimes forget the format in which we write the date over here!)
I dont think they will consider this a reasonable excuse for being late.
But I would prefer to be honest than make up some crappy story..
Any Suggestions?

The truth is always advised. Explain that you confused the date, due to the customary practice of featuring date and month sequence differently in your country.
diadromous mermaidFemale02007-09-25 15:59:00
Removing Conditions on Residency General Discussioni-751 -I am way outside the 90 day time period-Am i screwed?Help.
QUOTE (flattop @ Sep 25 2007, 02:08 PM) <{POST_SNAPBACK}>
QUOTE (YuAndDan @ Sep 25 2007, 01:18 PM) <{POST_SNAPBACK}>
I would involve a immigration lawyer at this point, and file the I-751, USCIS has been known to accept late filings, but they can also start deportation proceedings, this is why you may want to have a lawyer handy.

Thanks for the reply.
We're not that flush with $$ right now.How much do you think that would cost?
Has onyone on here had success with a late filing ?

Many have success if the reasons for late filing are reasonable to USCIS. If you don't have money for a lawyer, how about sending that I-751 in post haste, with a well worded explanation for its tardy submission, and engaging an attorney if something should go awry?
diadromous mermaidFemale02007-09-25 14:40:00
Removing Conditions on Residency General DiscussionI am devastated
QUOTE (charlie & yeng @ Dec 27 2007, 06:12 PM) <{POST_SNAPBACK}>
QUOTE (JeffandRebecca @ Dec 28 2007, 01:45 AM) <{POST_SNAPBACK}>
Thank you very much for all your inputs. We called USCIS. It is suggested that employers can check with USCIS. That's what I told my employer. I hope she will really do so.

I work in a big company. I think if I do not "remind"them, they would never noticed that my greencard is expiring. I was doing my part to prevent any unwanted consequences. Although my husband thinks I should not have reminded them.

If she refuses to verify, I will have to do in Infopass to get I-551 stamp. This is my plan so far.

Thanks everyone again! Happy new year!

Rebecca


Rebecca,

Can you get a SSC without the notification? that would probably be something good to have for the future.

I dug around somemore to try to understand for myself.... and you might just be ok.

Here's the Employer's Manual. Check out Section 7, Q33's "NOTE:" section in italics.... I think you should be ok, just as mawilson said.



You could simply present the HR Manager at your place of employment this excerpt taken from the source cited above, and noted as a prohibited practice for employers....

QUOTE
Request that, during reverification, an employee present a new unexpired employment authorization document (EAD) if he or she presented an EAD during initial verification. For reverification, each employee must be free to choose to present any document either from List A or from List C. Refugees and asylees may possess EADs, but they are authorized to work based on their status (as are any LPRs), and may possess other documents that prove work authorization from List A or List C to show upon reverification, such as an unrestricted Social Security card.

diadromous mermaidFemale02007-12-28 12:30:00
Removing Conditions on Residency General DiscussionRemoval of conditions for children
QUOTE (SHAr @ Dec 28 2007, 12:14 PM) <{POST_SNAPBACK}>
Hi All,

I know it is a bit early for me to ask .My Conditional GC expires Feb 08,2009 and my kids March 27,2009.Can I file to remove my kids conditional status at the same time as I will be doing mine.I will be sending in the papers for Nov8 which is the start of the 90 days for me.or I will have to do them seperate.I really hoping I don't want to wait until Dec. which is when the 90days window is available for them,but if that is the the way I will just have to wait to do them jointly.

Thanks looking for help as usual.


Since the kids received their conditional status and green cards within 90 days of the date you received PR, you can include them in one application (I=751). Note, that if you wish to do that, you'll need to apply no sooner than 90 days prior to their expiry date.
diadromous mermaidFemale02007-12-28 12:34:00
Removing Conditions on Residency General DiscussionFull on panic!
QUOTE (jsnearline @ Jan 5 2008, 07:34 PM) <{POST_SNAPBACK}>
I recall reading somewhere that the letter needs to be addressed to the Director of the Service Center you are applying to.


I believe sending the letter as a cover with the whole submission to the normal address would be in order, if the untimely filing is only a matter of a couple of weeks. According to the Adjudicator's Manual, any application to remove conditions which does not arrive, are put in a 60 day call-up category to give the petitioner and spouse a last chance to file the Form I-751 . If they have not filed after the 60 day call-up time frame has expired, the case is routed to the district office for a Notice to Appear to be issued.
diadromous mermaidFemale02008-01-05 19:49:00
Removing Conditions on Residency General DiscussionAdding husband to mortgage
QUOTE (Carolyn @ Jan 6 2008, 01:23 PM) <{POST_SNAPBACK}>
Hi all,
I owned my house prior to meeting my husband. I've tried since this summer to figure out how to add him to the mortgage and/or title, but it seems ridiculously complicated (and nobody returns my call from my mortgage company).

I know that showing joint residency is important, but is is worth continuing to try to figure this out? I'm sure we have plenty of other proof...

I don't want to refinance (I have a great fixed rate mortgage). What are my options?

Why does this stuff have to be so complicated? Obviously we are married--can't they just come visit us?

Thanks for any insights,
Carolyn


In some states, adding the spouse's name to the deed is redundant. Dower and curtesy laws still exist.
diadromous mermaidFemale02008-01-06 14:27:00
Removing Conditions on Residency General DiscussionOut of the country during lifting of condition
QUOTE (felshen @ Jan 7 2008, 08:23 PM) <{POST_SNAPBACK}>
Sorry it took me so long to reply, I have been getting things organized for my trip. I am the USC my husband is a conditional resident and we will be lifting his conditions in April. My concern was whether I needed to be here with him to do it. I am really hoping we dont ger an interview since when we went to his AOS interview the CO said with all the info we left me may not have one. I was just wondering if by chance we did have one if I would have to be there as I hope to be in Naija with my mother in law allowing her to get to know the kids and getting some businesses going.



If called, you will need to be there and no submission of passports etc in advance to show you are in that country would sway a decision to conduct an interview. However, the alien could ask that he be given ample time prior to the interview such that if you need to return, you will be able to arrange it. If you don't show up for his interview, after one has been scheduled = denial.
diadromous mermaidFemale02008-01-08 11:13:00
Removing Conditions on Residency General DiscussionFilling out the forms, got a question about taxes
QUOTE (Peter @ Jan 11 2008, 05:05 PM) <{POST_SNAPBACK}>
QUOTE (Peter @ Jan 10 2008, 11:59 AM) <{POST_SNAPBACK}>
QUOTE (lucyrich @ Jan 9 2008, 05:39 PM) <{POST_SNAPBACK}>
Yep, tax transcripts are easy to get and free. Bonus is that they're smaller than the original forms, so you won't spend so much money for copying and postage. I can't think of any reason to use anything else, unless you've procrastinated so much that you can't get transcripts in time.

Call 1-800-829-1040 (1-800-TAX-1040) and follow the prompts.



I should have enough time. My stuff expires on march 29th... so I just submitted so when i get it in a few days, i'll be able to send it off...

thanks guys!!



Ugh, just ran a problem. I got the transcript order for my SSN# but when I try to get one for my wife, it states it cannot be done... Does a joint only show up under 1 SSN#?

Thanks


A joint tax return represents both taxpayers. If you filed a joint return, there will only be ONE return.
diadromous mermaidFemale02008-01-12 19:50:00
Removing Conditions on Residency General DiscussionI751 Children
QUOTE (rick3390 @ Jan 11 2008, 07:15 PM) <{POST_SNAPBACK}>
Greetings all! I have made the mistake of hiring an immigration attorney to handle the I-751 form for lifting of conditions. Really just to check my documents, better off just doing myself!

I contacted her and she filed the I-751 about 90 days before the expiration date of Cond Green Card. But she used the old form so it was sent back to me. I resent with proper form and yesterday received the I-751 NOA.

My wife and stepsons green cards expire on January 23rd (they both received at the same time).

My question is how do they prove legal status after the cards expire? The NOA extends the legal status but how do you get on an airplane? Also my stepsons name doesn't even appear on the NOA only his mothers name, so even with a copy of the NOA in hand how can he prove status?

Here is the information the attorney provided I have much more faith in all of you than her!

As Dima (stepson)has a directive status, he will not be issued a separate Notice. This Notice which you received will be a sufficient evidence of extended status for both. However, if you are planning to travel, Natalia and Dima will need to have temporary stamps (I-551) in their passports. To obtain those, you will have to schedule a InforPass appointment with an immigration office in Phoenix.

By the way the stepson doesn't have a passport as he traveled on his mothers passport...


Thanks


Hmm. Well, it's "derivative" status for your stepson, by the way, but all the same she's right. You would need to make an InfoPass appointment to get a stamp in the passport. if the child is on your wife's passport, then ask the local office for a stamp that would cover him as well.

When travelling, take the passport, expired green card if you were not asked to return it, and the NOA with you at all times.
diadromous mermaidFemale02008-01-11 19:24:00
Removing Conditions on Residency General Discussionfilling taxes jointly or separately
QUOTE (skoopie @ Jan 12 2008, 06:34 PM) <{POST_SNAPBACK}>
You should be filing taxes as Married Filing Together, for immigration purposes, but also because you'll save money on taxes....

QUOTE (popo @ Jan 12 2008, 05:38 PM) <{POST_SNAPBACK}>
hello everybody,
i have one year to fill for removal of conditions but i want to prepare myself with some of the stuff i m gonna need when the time comes.
so, my questions is about the tax returns, does it matter if they are filled jointly or separately with my husband.
thanks


It's not a requirement to file taxes jointly.
diadromous mermaidFemale02008-01-12 19:47:00
Removing Conditions on Residency General DiscussionWill this hurt our case?
QUOTE (Jomo @ Jan 14 2008, 01:30 PM) <{POST_SNAPBACK}>
The first thing I would do a police search on his name at your local courthouse. Depending on what that actually shows is what you will have to explain. And, yes, if it shows anything, you will have to explain it.

I would think, though, that the fact that you have undergone counseling and are still together is a good indicator. You will just have to probably write something up and explain it with your filing.

No explanation is necessary.
diadromous mermaidFemale02008-01-14 14:03:00
Removing Conditions on Residency General DiscussionExtremely borderline with the second anniversary of marriage law
You'll need to send a copy of the death certificate with your evidences.
diadromous mermaidFemale02008-01-15 19:43:00
Removing Conditions on Residency General DiscussionDo we have to remove conditions??! direct consular filing
QUOTE (melusine84 @ Jan 10 2008, 09:27 PM) <{POST_SNAPBACK}>
oh, the joys of immigration... yes I keep thinking it's good to send it to prevent them saying just what diadromous mermaid pointed out- ignorance of the law is no defense. (anyone know any more on this point?? I'm guessing the government would win hands down if sometime later they decided to deport my hubby for not complying... say when he tries being naturalized?)

but I also wondered if sending the application could cause them to realize they made a mistake and want us to re-do all sorts of paperwork in order to TAKE AWAY his 10 yr greencard... all so confusing...

no, we were not married 2 years, or even close yet (1 yr 4 mths)
yes, his green card is for 10 years

if they were to return the application, I suppose they keep the fee? not that it matters when it comes to being stuck with the legalities if we don't try!

thank you all for your opinions... I guess I'll have to start getting all the paperwork together in a hurry... don't need it late on top of everything! then I can get some of this stress off of me for having it done and not wondering what to do, just having the decision made.


The alien's status is governed by statute and not by what is written on the green card. If you were conferred PR status at any time prior to your two-year wedding anniversary, I'd submit an I-751 at 90 days prior to the second anniversary of the date you received permanent residency.
diadromous mermaidFemale02008-01-10 22:21:00
Removing Conditions on Residency General DiscussionDo we have to remove conditions??! direct consular filing
QUOTE (Gwen666 @ Jan 10 2008, 09:45 AM) <{POST_SNAPBACK}>
If his PR card is made out for ten years then you have to file to lift conditions 90 days before that card expires. So no, you don't have to file to lift conditions.



NOT true!! An error made in the production of the card does not obviate following the law. "Ignorance of the law is no defense". Couples that were not married 24 months at the time of approval are well-advised to submit the I-751. Whether USCIS exercises its discretion to consider the submission extraneous is their call. In the event that USCIS recognises the error and the couple fails to submit the petition, they'll be facing a complicated mess.
diadromous mermaidFemale02008-01-10 10:04:00
Removing Conditions on Residency General DiscussionVery important information about I -751
QUOTE (sandy2000 @ Jan 19 2008, 03:52 PM) <{POST_SNAPBACK}>
I found this web site about the current processing time of I -751. Please help me is this true?
It is so different from the USCIS website, but it is the immigration solution website?????
Here is the link
http://www.immigrati...ssing-time.shtm

Well, the two sites do not reflect the same information, but then again the USCIS processing dates are as of December 2007, and the link you gave shows processing dates as of January 2007 (almost a year ago)!
diadromous mermaidFemale02008-01-19 16:19:00
Removing Conditions on Residency General DiscussionWrong immigrant category code on conditional card
QUOTE (jsnearline @ Jan 19 2008, 06:28 PM) <{POST_SNAPBACK}>
My wife was misclassified as a CR6 on her conditional green card instead of a CF1, even though she adjusted from a K1 visa. We wrote USCIS and alerted them to the error right away, but did not file an I-90 to get the card corrected, since all the other information on it was correct.

My question is whether they are likely to correct the mistake and issue her 10 year card as an IF1. I forgot to include a note with our I-751 filing about this. I'm not sure if they review the entire file (which shows she adjusted from K1) or just the evidence we submitted with the I-751 (which doesn't show what she adjusted from).

I know it's a small detail, but I don't want it to bite us later. Anyone else adjust from a K1 and end up as CR6 or IR6?

Why would you think that CR6 is incorrect?
diadromous mermaidFemale02008-01-20 09:29:00
Removing Conditions on Residency General DiscussionDenial Percentage
QUOTE (kenk3z @ Jan 21 2008, 07:23 PM) <{POST_SNAPBACK}>
So, what do you think is the actual DENIAL percentage for people filing to remove the conditions on their permanent residency? I can't imagine it would be very high. Certainly no where near the denial percentages on the other steps in the residency process.

My guess - 0.05%

Having suggested a point - do you think all this "conditional permanent residency" stuff is really just all about collecting easy revenue for USCIS?

Why not just go ahead and issue a 10-year green card right at the start? If USCIS wants, they can have their little "evidence" review at the 2-year mark. If there is a reason for a denial, they can just pull the validity of the 10-year green card.

Same impact, just less revenue?

smile.gif

kenk3z


It would not be simpler, nor would it affect the same outcome to streamline and automatically award a 10-year card at the outset. The K-type visa was initiated to bring couples together so that they did not have to be separated during the pendency of adjudication of immigrant visas. Having put that privilege in action, that does not provide sufficient time for the couples to accumulate enough compelling evidence that can be used to sniff out those that are intent on circumventing the laws to gain residency. Why reduce the hurdles that have been put in place to make sure no one takes advantage of the law?

Besides, recission of an already awarded benefit and denial of a submission or pending petition involve different processes and require different burdens of proof. In the event that the 10-year card had been conferred erroneously, the Service would have a much more difficult time amassing enough evidence to support revocation.

Edited by diadromous mermaid, 21 January 2008 - 07:55 PM.

diadromous mermaidFemale02008-01-21 19:54:00
Removing Conditions on Residency General Discussionis this normal ?
QUOTE (Tarik @ Jan 26 2008, 04:41 PM) <{POST_SNAPBACK}>
Hi.
I got a letter today from the USCIS called I-797c,Notice of action.
it said USCIS recieved my visa pocket from the port of entry and I should hear from them within a month.
so is that normal or what ? and what's gonna happen next ?
thank you.

This post needs to be moved out of this forum. It doesn't pertain to Removing Conditions
diadromous mermaidFemale02008-01-26 16:43:00
Removing Conditions on Residency General Discussionform I-751 "conditional residence expires on _____"
QUOTE (YuAndDan @ Jan 28 2008, 09:31 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jan 28 2008, 09:23 PM) <{POST_SNAPBACK}>
I disagree. The statutes do not provide for any alien "lucking out". If there is a mistake made by the Service, that does not obviate the need for the alien to comply with the regulations. I would file the form with the "conditional residency expires" box noted with the date 2 years from the date the GC was awarded. Then provide a cover letter stating that you are submitting the I-751 to comply with the INA that states that an alien should petition to remove conditions from residency 90 days prior to the expiry of the card, but in your estimation the card your spouse has may be incorrect in that it has a 10 year expiration.
That is why I suggested to schedule and INFO-pass appointment and ask an immigrations officer what the status is Conditional or NOT, and what is needed to file.

Be that as it may, one IO at a district office could misunderstand (wouldn't be the first time it has occured) and if the OP failed to supply the I-751 within a certain time frame based upon faulty guidance, then the alien could find him/herself out of status.
diadromous mermaidFemale02008-01-28 21:42:00
Removing Conditions on Residency General Discussionform I-751 "conditional residence expires on _____"
QUOTE (YuAndDan @ Jan 28 2008, 09:15 PM) <{POST_SNAPBACK}>
10 year green-card is NOT conditional it is a PERMANENT card, you do not file I-751 to remove conditions because there are NO CONDITIONS. I see that you entered the country on the visa less than 2 years after marriage. This may be an over site on the part of USCIS, you may just want to schedule an INFO pass appointment and confirm status as being conditional or un-conditional, if the latter, you just lucked out and do not need to file to remove conditions.

You file form I-90 to renew the card, either by mail or electronically on-line.

http://www.uscis.gov...00045f3d6a1RCRD

http://www.uscis.gov...000d1f1d6a1RCRD


I disagree. The statutes do not provide for any alien "lucking out". If there is a mistake made by the Service, that does not obviate the need for the alien to comply with the regulations. I would file the form with the "conditional residency expires" box noted with the date 2 years from the date the GC was awarded. Then provide a cover letter stating that you are submitting the I-751 to comply with the INA that states that an alien should petition to remove conditions from residency 90 days prior to the expiry of the card, but in your estimation the card your spouse has may be incorrect in that it has a 10 year expiration.

Edited by diadromous mermaid, 28 January 2008 - 09:23 PM.

diadromous mermaidFemale02008-01-28 21:23:00
Removing Conditions on Residency General DiscussionGreencard holder moving to UK for husbands assignment
QUOTE (Converse34 @ Jan 27 2008, 09:03 AM) <{POST_SNAPBACK}>
QUOTE (thea @ Jan 27 2008, 04:15 AM) <{POST_SNAPBACK}>
QUOTE (Converse34 @ Jan 26 2008, 08:05 PM) <{POST_SNAPBACK}>
Isn't it ok if you just return to the US for a visit once every 6 months?

this could work but it could also go wrong. You have to show that you have not abandoned your residence in the US. Just returning for a visit every 6 month could look suspicious. Having the re-entry permit would help with proving that you have not intended to abandon your residence but are just temporarily out of the country.


I kept my permanent residence in the UK alive by doing this. I was living/working in the US while my fiance was still living in the UK. When I went back to visit the UK, they would always ask - are you still resident here. I always said yes and we still had our house here. I never had any problem - because in the UK at least, they never really know how long you have been gone. They just know when you enter, you could've been gone for 2 days or 2 months.

What works in the UK may not work with the US.
diadromous mermaidFemale02008-01-27 09:25:00
Removing Conditions on Residency General DiscussionGreencard holder moving to UK for husbands assignment
QUOTE (melmaid101 @ Jan 26 2008, 07:36 PM) <{POST_SNAPBACK}>
QUOTE (thea @ Jan 21 2008, 07:05 AM) <{POST_SNAPBACK}>
QUOTE (melmaid101 @ Jan 20 2008, 04:06 PM) <{POST_SNAPBACK}>
Hi Everyone,

I was hoping that someone might know the answer to this... my husband (American) has been transferred to the UK with his company for 2-3 years. We will definitely return to the US after the assignment. Does anyone know if I need to notify the USCIS? I would like the process to continue and keep the Greencard for our return. Thanks in advance for your help!

Melissa

you should apply for a re-entry permit (form I-131) - this will allow you to stay out of the country for up to 2 years while keeping your GC. However, if you have a conditional GC you will still have to remove conditions.


Thanks very much for the info...I do have a conditional green card. We are in the UK already so I hope I can still apply to remove the conditions and for the reentry

You can apply to remove conditions from overseas, but you will have to be prepared to return to the US for an interview if called. Read up on preserving residency and re-entry permits. An absence from the country for 2-3 years could pose a problem, otherwise.

http://www.hooyou.co...inlegalPRS.html
diadromous mermaidFemale02008-01-26 20:24:00
Removing Conditions on Residency General DiscussionGreencard holder moving to UK for husbands assignment
QUOTE (melmaid101 @ Jan 20 2008, 04:06 PM) <{POST_SNAPBACK}>
Hi Everyone,

I was hoping that someone might know the answer to this... my husband (American) has been transferred to the UK with his company for 2-3 years. We will definitely return to the US after the assignment. Does anyone know if I need to notify the USCIS? I would like the process to continue and keep the Greencard for our return. Thanks in advance for your help!

Melissa

Do you have a conditional green card?
diadromous mermaidFemale02008-01-20 17:36:00
Removing Conditions on Residency General DiscussionIS THIS A POSSIBILITY FOR US???
QUOTE (lifeisbigger @ Jan 29 2008, 03:22 PM) <{POST_SNAPBACK}>
Hello everybody,

I really appreciate everyone's help with my wife's and my "visa journey." We've gone through all of the steps and are happily married in Arizona. My wife has her temporary green card, and hopefully we will be removing conditions here before August.

Now ... my question ...


We are looking very seriously at a job overseas, specifically in the Dominican Republic. The job would be split between the U.S. and the DR, but we would spend a majority of our time in the DR -- however, we still would have, I'm assuming, an address in the U.S.

Assuming that all conditions are lifted from her green card in August, is it possible for us to live in the DR for, say, 8 months out of the year? Or would we get ourselves into a big mess???

Again, I thank you for all of your responses.

Thanks so much!

- Bryan

Living out of the country becomes an issue for Naturalisation, if that is on your wish list. Further, an alien needs to make sure that residing abroad does not indicate that the alien is abandoning US residency. You may want to research preserving residency to see what it takes.
diadromous mermaidFemale02008-01-29 18:26:00
Removing Conditions on Residency General Discussion60 days past RFE and no response
QUOTE (member @ Jan 29 2008, 09:18 AM) <{POST_SNAPBACK}>
We've submitted the necessary documentation for the RFE and it's been past the 60 days notice and still no reply from VSC. Even the online case status still shows no information whatesoever: "This Receipt Number cannot be found at this time in this automated system."

I am at loss here on what to do. My lawyer says we just have to wait, but I know that they left instructions to call them if we don't hear from them within 60 days. I don't know what to ask them or if I need to ask for an INFO pass or what???

Any help is greatly appreciated, thank you.


Have you called?
diadromous mermaidFemale02008-01-29 18:28:00
Removing Conditions on Residency General DiscussionMajor RFE Received
QUOTE (lovedolphins @ Jan 28 2008, 03:14 PM) <{POST_SNAPBACK}>
Hi all,

The letter I was waiting for finally arrived from USCIS.

Was really hoping it was a 10-year extension of the Green Card. Instead, it was a major RFE, requesting the following:

• Your Federal Tax Return transcripts, as printed by the I.R.S. for the last two years
• Actual bank statements for the past twelve months, indicating you and your spouse as joint account holders. Each statement must show the account balance and transaction history.
• Health insurance claim statements indicating you and your spouse as co-dependants
• Utility bills
• Property warranty and mortgage deeds of your current residence indicating they were recorded not just notarized with your local or state government
• Mortgage loan statements and property tax documents of your current residence

We must submit all documents as requested within 12 weeks of the date of this letter, or our application will be considered abandoned.

Is this bad? We have to now contact the IRS, go down to the Deeds Office, contact the bank, etc.

And, we submitted A LOT of information in our original package. This is devastating.


If your timeline is correct, your application to remove conditions is nearing 12 months. I'd simply look at this is a way to potentially speed up the process. Chances are if you can supply the documentation they are looking for (for the last 12 month period, principally, it seems) then it might mean the application will be approved without an interview.
diadromous mermaidFemale02008-01-28 15:20:00
Removing Conditions on Residency General DiscussionUSCIS Memo: Potential Denial with No Interview for Removal of Conditions
QUOTE (lucyrich @ Feb 4 2008, 08:10 PM) <{POST_SNAPBACK}>
QUOTE (Carolyn @ Feb 4 2008, 04:45 PM) <{POST_SNAPBACK}>
Sounds like a lawyer's office trying to make people paranoid enough to hire them...


Yep. That memo is two years old. I've been watching here for about four years. Maybe I've missed one, but in all that time, I haven't seen anybody report a denial of their I-751 for any reason, with or without interview. I have seen a few couples reporting interviews, and quite a few RFEs reported. But among the people reporting here, they've all reported eventual success at removing conditions, some with no problem at all, some with minor problems. I've seen denials reported here on VJ at every other phase of the process, but not yet for removal of conditions.

I guess some are probably denied without interview, but only when there's fairly clear evidence of outright fraud. Those couples aren't typically posting here.

I also suspect some are denied after an interview, but again, they're not posting here, so I can only guess that the interview uncovered something pretty bad.

Oh, and don't take the good success rate to mean you can just do anything with your I-751. Take the process seriously and don't become the first VJ'er to report a denial.

Well, I think we should be realistic. Bear in mind that this board only has a year or so of archived material. I know of a few....
diadromous mermaidFemale02008-02-04 20:12:00
Removing Conditions on Residency General DiscussionPernament card issued with an error
QUOTE (jsnearline @ Feb 11 2008, 07:14 PM) <{POST_SNAPBACK}>
I was doing some searching on the USCIS site and found this:

Section 264 of the Immigration and Nationality Act provides that, "Every alien in the United States … shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations...." It also states,
QUOTE
"Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him.... Any alien who fails to comply with [these] provisions shall be guilty of a misdemeanor" and may be subject to fine and/or imprisonment upon each conviction.


http://www.uscis.gov...00045f3d6a1RCRD


So, as much as I don't like the idea of having her carry her green card on her, the law seems pretty clear about it. I'm not sure whether a photocopy would suffice or not.

We went ahead and filed an I-90 citing option 'd' for an incorrect card. We submitted evidence of the error and the correction needed. We then included a letter requesting a waiver of the requirement to return the original card because it was lost/stolen. We also included the mailer the card came in.

I figure it's worth a shot. The worst they can do is reject the application and send it back. We'd just be out the money for postage. The error isn't just on the card, it must be in their system since her conditional card had a similar error on it. Perhaps what we sent will be enough to get it fixed.
diadromous mermaidFemale02008-02-11 19:22:00