Forum	Title	Content	Member	Sex	Country	Date/Time
Removing Conditions on Residency General Discussion	Request for Evidence	2. Actual bank statements for the past 12 months indicating you and your spouse as joint account holders. Each statement must show the account's balance and transaction history. My wife and do not have joint bank accounts and never have had. Also, my wife owned her house before we met, so all of the mortgage documents/property tax docs etc are all in her name. Nothing much to add except that the way you present information can fill in some 'gaps" that USCIS may be seeing. You say that you don't maintain a joint checking account, yet each of you pay bills. In essence, USCIS is looking to see that a couple share financial responsibilities and benefits and they live in the same property. If you paid some bills and she paid others, purportedly from individual checking accounts, or even from one checking account, then organise your evidence to show that this was still a sharing of financial responsibility. Since USCIS want to see transaction history for bank accounts, I'd recommend selecting a handful of transactions that are denoted on random statements, find the corresponding bill that relates to the checks issued (hopefully those bills feature either both of your names, or the shared address at least) and tie the remittances with the bills. This should show that the bills were either generated jointly or that if individual, you both took responsibility for them. A picture can be painted clearly, if these items are packaged together, to show how you manage your financial obligations. Example: Doyle has a gym membership at XYZ club, billed monthly at $50.00. The bills goes to Doyle and Mrs. Doyle's residence. Mrs. Doyle paid the March 2004 bill from her checking account, the June 2004 bill was paid by Doyle from his checking account, or Doyle paid the June bill from Mrs. Doyle's account, for which he is an additional signatory. A bill for Internet service at Doyle's joint residence (featured on the bill) is paid for by Doyle each month. The bill for auto insurance on Mr. & Mrs. Doyles autos, alse featuring the shared residence on it, is paid for by Mrs. Doyle from her individual checking account.	diadromous mermaid	Female	0	2007-04-04 07:03:00
Removing Conditions on Residency General Discussion	I751 filing jointly or by alien spouse?	LPRs can submit a joint petition with the USC spouse and then once the divorce is final, withdraw the joint petition and replace it with one of the applicable waivers. That is, if the USC spouse is willing to participate.	diadromous mermaid	Female	0	2007-06-25 08:22:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	True, and to address T&M's question with respect to why individuals were not offering such a bleek view of silvanski's submission, I think it is also important to bear in mind that once a file has been viewed as deficient (ergo the RFE) whether we'd like to think it or not, there's a strong possibility that the human element can also impact a case. After all, the AO has already determined that he or she is not quite satisfied to be able to approve absent more documentation. It's hard as human to blank out a "perception" when reviewing the file once again. T&M, If you'd given the information about how little evidence you initially provided this thread might have had a different tone. It's quite clear now why you got the RFE. I don't know whether or not what you now plan to provide will satisfy the particular case officer who is processing your application or not, but I'm not so pessimistic as many posters. It's a dramatic improvement over what you originally provided. I would add to your letter, following each item listed, what your purpose is in providing that item. E.g., you said in one post that the purpose of the State ID is to show same address - say so. And what document are you providing to compare the address on the ID with? In short, make it easy for the case officer to get the point that you want to make - don't leave them guessing, they may guess wrong or miss the point altogether. I think lucyrich made a nice analysis of the situation. Many other posters should stick to the issue of evidence of marital life and keep their personal judgements on your life choices to themselves. Yodrak ..... This first time of filed I-751 form I enclosed: Two letters from friends; Bank Statements. That's it. Next week I'm going to submit: explanation letter, notarize letter from my parents saying we live at this current address, copy of the tax statement for 2006 showing we filled as a married couple, letter form an elder saying he sees us attending bible instructing meetings every week, copies of her State ID and my DL, card signature from the Bank showing joint ownership on checking and saving accounts, copy of the title of our car showing joint ownership and Arizona State Retirement. I might throw in some cards. ..... Is this letter good enough to please the officer? Dear USCIS examiner: Enclosed is some of the evidence you requested. Not all the information you requested applies to my wife and I. We are all happily living together debt free and request that this petition be accepted for removal of conditions on the residence of my wife. We are currently living with my parents so we don't pay rent, utility bills or have a house mortgage. We have no loans or insurance policies. Medical treatment is cheaper in Mexico so that's why we have no medical insurance. My wife doesn't know how to drive so that's why there's no joint car insurance. A Birth Certificate for a child is not available because there are no children. Basically, we are just living a peaceful, simple live. Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship: • A notarize letter from my parents saying we live at this current address • Copy of the tax statement for 2006 showing she filed as a married person • Library card • State ID • Letter form the Bank showing joint ownership • Arizona State Retirement showing me as the beneficiary. You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition. Sincerely, US citizen spouse --------------------------------	diadromous mermaid	Female	0	2007-07-20 11:28:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	Most aliens that marry for fraudulent interests and to gain immigration benefit would, if smart and methodical, await the removal of conditions before ending the marriage and going their separate ways, literally and figuratively (even if they never resided together). Why would they take a chance at being discovered in the waiver process, if they were headed toward the proverbial finish line with the consenting USC? If what you are asserting were true, then USCIS would be approving each and every one of them. Not all marriage-based cases that involve fraud, either outright fraud committed by consenting parties or unilateral fraud, where the USC is none the wiser, are discovered at the AOS stage, you know. Believe me, I can attest to that. How do you know so much about immigration fraud and how it's discovered? Now I would think that this would be quite obvious, don't you?	diadromous mermaid	Female	0	2007-07-19 10:58:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	Yes, I did read the beggining post. I even read the whole thread. I just don't believe that USCIC would deny a legitimate couple due to lack of financial evidence. I haven't heard of a denied I-751 when it was filed jointly, but if it ever happened, I would be really interested in reading about it. Most aliens that marry for fraudulent interests and to gain immigration benefit would, if smart and methodical, await the removal of conditions before ending the marriage and going their separate ways, literally and figuratively (even if they never resided together). Why would they take a chance at being discovered in the waiver process, if they were headed toward the proverbial finish line with the consenting USC? If what you are asserting were true, then USCIS would be approving each and every one of them. Not all marriage-based cases that involve fraud, either outright fraud committed by consenting parties or unilateral fraud, where the USC is none the wiser, are discovered at the AOS stage, you know. Believe me, I can attest to that.	diadromous mermaid	Female	0	2007-07-19 08:18:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	If I didn't make enough to file a tax return, I would be debt free too, because no bank would even consider giving me a loan T&M, I think the worst thing that can happen to your wife immigration-wise is an interview. You don't have much evidence, but you're a legitimate couple and you're filing a joint I-751 - joint petitions don't get denied, unless the marriage is an outright sham. If you get called for an interview, you will explain everything to the IO, and you may very well be fine. My 2 cents. Jewel, I wouldn't give T&M that much room. Cavalier responses, such as ones T&M has uttered here, could, if interviewed, get him into more hot water than he expected. T&M, If this is your goal to live a simple life, debt free, but right now that is simply a goal and not yet achieved, I'd pay a little more attention to detail to ensure that you will achieve your goal. Using Turbo Tax to file returns is not improper. Using Turbo Tax to obviate solid, competent financial advice is. Filing "Married but separately", is merely one example of fool-hardy thinking that could land you in trouble. You sound young to me. I'm not sure why I get that feeling....perhaps, (je ne sais quoi) its the sense that you convey that you're invincible that causes me to think that. But great men in history have been toppled by less. Take some time, take a breath and ask for advice before you take steps that could set you off track. Now, back to assembling evidence.....you should provide more	diadromous mermaid	Female	0	2007-07-18 14:08:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	I don't need and couldn't care less about life insurance Put that in your letter also. Should help a lot! What? You Superman? How about a will showing your wife gets everything what ever that may be? Buy life insurance and send in the policy. You can always cancel it if you don't care what happens to your wife if you should go "belly up"! Sigh. Did I say that I didn't care what happens to my wife if I should die? Is it a crime not having life insurance? Must be. I'm living debt free so I don't see were life insurance comes into play. Not only that but our joint savings account will be able to take care of her financially. My goal is to get to a point were we can live of the interest. Pretty easy to achieve if you have no debt. No bills. No kids. Etc… Hold on a sec, and let's put this immigration stuff aside for a moment. Come on, give us your secret. How can a person that doesn't make enough money to file a tax return, and who travels to Mexico for cheaper health care....live off interest? Even if you do not earn income in the way of salary, surely there are interest and dividends to report, if you are sitting on such a nest-egg. Something doesn't add up to me!	diadromous mermaid	Female	0	2007-07-18 07:57:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	You might consider looking at it from another angle: Imagine a sham couple, who got married only for papers. It wasn't hard to find a couple of friends to write nice false letters, and it was easy for them to go to the bank and open a joint account. But they don't live together, they don't love each other, and their marriage is just for the immigration papers. Now, what do you have that they don't? How are you going to show the officer that you're not in their situation? If you were an officer, what evidence would let you separate a couple in your situation from a couple in their situation? It's the officers job to uncover couples in their situation; make it as easy as possible for him to be sure you're not one of them. I don't know the answer, but think creatively and send them the things you have that the sham couple would have a very hard time faking. I'm sure there are plenty of sham marriages that have a mountain of evidence to attempt to demonstrate the legitimacy of the marriage. Concocted, or otherwise, I'm sure. In fact, I'd be inclined to bet that most of those sham arrangements, dash to a bank and open some sort of checking account, while there are many legitimate couples that marry for the "right reason", immigration-wise, that are so wrapped up in the concept and day-to-day living of marital life, that forget to, or don't place an enormous emphasis or sense of urgency on getting around to the co-mingling of finances. After all, think about it. Upon marrying, how many of us think or have the mindset of "We'll be together forever, what's the rush?" or "I didn't marry to get my name on her assets. It's not about the money", or "what's his is mine, and what's mine is his, anyway!". So, in reality, the legitimate couples are somewhat less inclined to palce an emphasis on dealing with the technicalities. Whereas, the sham artists, by design, are focused ONLY on that, and even if one of the parties is not even aware of the fact that the marriage is not legitimate (Yes, there is something known to USCIS as unilateral fraud) the other, believe me, is ONLY focused on gathering whatever bonafides can be attained. After all, to the alien trying to pull the wool over the Service's eyes and anyone in his or her path, that's their only hurdle, right? Getting bonafides in order! So, lucyrich, unless you've experienced something that I haven't.... I don't think I'd be inclined to characterise it this way.	diadromous mermaid	Female	0	2007-07-17 17:06:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	It's really not my fault that I choose to live the simple live. I'm not going to go into detail since I already give you guy's my information and situation. There no need in repeating. I remember on the tax returns I checked the box "Married but filling separately" I didn't make enough to file "Marry filling jointly" Turbo tax wouldn't allow that. Anyways, the best I can do is explain to them. T&M, You don't have to present Joint Tax returns for USCIS as evidence of a bonafide marriage, you have to present "tax returns that demonstrate you filed as a married person". There is a difference. What in "Married but filing separately" implies that one files and the other doesn't? Are you not making enough to be required to file a tax return? Or is it that as a sub, you aren't declaring all the income you make? If you have no requirement to file a tax return, then simply show that to USCIS as evidence of why you didn't file. Now, in the event that you present evidence that you are married but filed your tax returns separately, you're well advised to present further evidence to demonstrate that the reasons your tax returns were not joint has nothing to do with a unravelling marriage.	diadromous mermaid	Female	0	2007-07-17 16:56:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	T&M, You have 3 choices: - give them everything they asked for - give them some of what they asked for - give them nothing more and tell them to adjudicate the petition based on what they have. The only thing you cannot do is ignore the RFE. (paraphrasing Folinskyinla - thank you Mr.F) The final item in the list gives you incredible flexibility to provide whatever you have that shows that you and your wife are living in marital union. Surely you and she have something more that you can provide, even if it's only junk mail. Do both of you have driver's licenses? Bills by mail for anything? Memberships in anything? Surely you're not both hermits who are spending your lives isolated from the rest of the world. Yodrak Well said, Kemo Sabe. Surely you're not both hermits who are spending your lives isolated from the rest of the world. What's wrong with that	diadromous mermaid	Female	0	2007-07-17 10:40:00
Removing Conditions on Residency General Discussion	Request For Evidence - I-751	hi, WHERE DID YOU FILE AND WHEN DID YOU FILE? I filled @ the California service center around the 2nd or 3rd week of May 2007. Magazine subscriptions? Invitations or correspondence sent to her at your address? Travel itineraries? Photos from family get-togethers? Driver's license? Does she drive? What do you mean by your statement that the car insurance is not "joint"? Car insurance rarely notes all drivers' names, but if there are additional drivers it's pretty clear from the policy declaration. OK so you use an out of country physician, but does she get any type of prescriptions filled in the USA? What about address on those?	diadromous mermaid	Female	0	2007-07-17 10:09:00
Removing Conditions on Residency General Discussion	Fee Waiver for I-175 removal of conditions.	Hi, I have been posting recently regarding my application to remove conditions on my greencard. I have yet to do so and the second anniversary of the receipt of my green card will be coming up in September. I was going to file it this week but how now just found out that the fee for doing so is a ridiculous $545 and as I have been out of work and on unemployment for about four months there is no way I will be able to submit it at the moment. I considered filing for a fee waiver but have read that if you do so and are rejected you have to file the whole thing again. I'm sure by that time my original green card will have expired. Will the initial filing count if I file it with a request for a fee waiver? Also what are the chances of getting a waiver? I would be lying if I said I was experiencing 'extreme hardship' but we are only barely keeping our heads above water and paying the mortgage at the moment. honestly what is the likelihood of me getting a waiver. Should I just bite the bullet and take out a loan or something? Thanks in advance. Do any of these circumstances apply? <H2 class=MsoNormal>Fee Waiver GuidanceUSCIS Officers currently have broad discretion in granting fee waivers under 8 CFR 103.7©. The field guidance, outlined below, will provide USCIS Officers with guidelines, which delineate factors, which may be considered when determining if a fee waiver is justified. These guidelines apply to those applications, petitions, motions, and requests filing fees contained in 8 CFR 103.7(B). There are certain applications and petitions listed in 103.7(B), which are exempt from fee waivers or have specific fee exemptions and therefore would not fall under these fee waiver guidelines. The field guidance is not exhaustive as USCIS Officers will evaluate all factors, circumstances, and evidence supplied by the individual in support of a fee waiver request before making a determination. The Officer will take note of any evidence or documentation regarding the individual’s living arrangements in the United States; the individual’s extraordinary expenditures or those of his dependents residing in the United States; monetary contributions for the payment of monthly expenses received from adult children, dependents, and other people who are living in the individual’s household, etc.; and other expenses for which the individual is responsible. An individual does not automatically qualify for a fee waiver based on any one particular situation. Each case is unique and will be considered upon it’s own merits. A fee waiver request may be granted when it has been established to the satisfaction of the USCIS Officer with jurisdiction over the request that the individual is unable to pay the fee. In all fee waiver requests applicants are required to demonstrate an "inability to pay." In determining “inability to pay,” USCIS Officers may consider the following situations and criteria regarding the applicant: Whether the individual has demonstrated that within the last 180 days, he or she qualified for or received a “federal means-tested public benefit”. This may include, but is not limited to, Food Stamps, Medicaid, Supplemental Security Income, and Temporary Assistance of Needy Families or other public benefit. NOTE: Each agency’s public benefits are determined based on a unique set of criteria. Therefore, even though an individual has qualified for another agency’s benefits, it should only be one of the factors in determining the USCIS fee waiver request and should not be used as a definitive factor. Whether the individual has demonstrated that his or her household income, on which taxes were paid for the most recent tax year, is at or below the poverty level contained in the most recent poverty guidelines revised annually by the Secretary of Health and Human Services’ “Poverty Guidelines”. Whether the individual is elderly (age 65 and over, at the time the fee request is submitted). Whether the individual is disabled. Applicant should submit verification of disability (see below, How To Apply for a Fee Waiver.) The age and number of dependents in the individual’s family’s household who are seeking derivative status or benefits concurrently with the principal applicant or beneficiary. Humanitarian or compassionate reasons, either temporary or permanent, which justify a granting of a fee waiver request. For example: the applicant is temporarily destitute; the applicant does not own, possess, or control assets sufficient to pay the fee without a showing of substantial hardship; or an applicant is on a fixed income and confined to a nursing home. Any other evidence or factors that the USCIS Officer believe establishes an applicant or petitioner’s inability to pay the required filing fees. Applicants should be aware that certain immigration benefits have income requirements or require evidence that the applicant or beneficiary is not likely to become a public charge (for example: nonimmigrant visa petitions, family-based visa petitions, classifying an orphan as an immediate relative, employment-based visa petitions, employment authorizations, travel documents, and advance parole.) <H2 class=MsoNormal>Documentation</H2>Documentation, such as the suggested examples listed below, may be submitted to provide proof of the "inability to pay": Proof of living arrangements (i.e. living with relatives, living in the individual’s own house, apartment, etc.), and evidence of whether the individual’s dependents are residing in his or her household. Evidence of current employment or self-employment such as recent pay statements, W-2 forms, statement(s) from the individual’s employer(s) on business stationary showing salary or wages paid, income tax returns (proof of filing of a tax return). Mortgage payment receipts, rent receipts, food and clothing receipts, utility bills (such as gas, electricity, telephone, water), child or elder care receipts, tuition bills, transportation expense receipts, medical expense receipts, and proof of other essential expenditures. Any other proof of essential expenditures. Proof that verifies the individual’s disability. The individual may provide proof of his or her disability by submitting documentation showing that the disability has been previously determined by the Social Security Administration (SSA), the Department of Health and Human Services (HHS), the Department of Veterans Affairs (VA), the Department of Defense (DOD), or other appropriate federal agency. Proof of the individual’s extraordinary expenditures or his or her dependents residing in the United States. Essential extraordinary expenses are those which do not occur on a monthly basis but which are necessary for the well being of the individual or his or her dependents. Proof that the individual has, within the last 6 months, qualified for and/or received a Federal “means-tested public benefit". Documentation to show all assets owned, possessed, or controlled by the individual or by his or her dependents. Documentation establishing other financial support or subsidies--such as parental support, alimony, child support, educational scholarships, and fellowships, pensions, Social Security or Veterans Benefits, etc. This includes monetary contributions for the payment of monthly expenses received from adult children, dependents, and other people who are living in the individual’s household, etc Documentation of debts and liabilities--what is owed on any outstanding loans, credit cards, etc. by the individual and his or her dependents, and any other expenses the individual is responsible for (i.e. insurance, medical/dental bills, etc.). How To Apply for a Fee Waiver To apply for a fee waiver, an applicant must submit an affidavit—or unsworn declaration that is signed and dated and includes the statement: “I declare under penalty of perjury that the foregoing is true and correct”—requesting a fee waiver and stating the reasons why he/she is unable to pay the filing fee. The affidavit and any supporting documentation (see above, Documentation) must be submitted along with the benefit application or petition. To facilitate the processing of fee waiver requests, applicants should write in large print “Fee Waiver Request” on the outside of the mailing envelope containing their application or petition and fee waiver request, as well as at the top of their affidavit and each page of their supporting information. If a fee waiver request is denied, the entire application package will be returned to the applicant, who must then begin the application process again by re-filing for the benefit with the appropriate fee. This page can be found at http://www.uscis.gov/feewaiver Edited by diadromous mermaid, 31 July 2007 - 02:57 PM.	diadromous mermaid	Female	0	2007-07-31 14:55:00
Removing Conditions on Residency General Discussion	The time has come	for me I just included the most recent bills and bank statement. etc..... I wasn't called in for an interview nor did I get an RFE.... if you want you could include a bill. utility or bank statement from somewhere near the beginning of the two years and a most recent one.. I think submitting all the bills etc for the entire two years is overkill.... but this is just my opinion... there is no magic amount of evidence you could send in that would prevent you from an interview... sometimes they just ask for an interview for quality control ..... MarilynP, Just for the record, nowhere did I state or intimate that one should send all bills for the entire 2 years. I did suggest that in reviewing which evidence you wish to submit, you make sure that if you are attempting to demonstrate that you commingle your finances and you share a home, that the evidence shows that this is not simply something done in the "beginning" or towards the "filing date" but rather throughout! Random selection. Selection being the operative word. Choose wisely to tell the story you wish for USCIS to know of you and your alien spouse. Slugs of insipid evidence does no more for the alien than one or two key pieces. One or two pieces that demonstrate little, of course won't be sufficient.	diadromous mermaid	Female	0	2007-07-31 12:40:00
Removing Conditions on Residency General Discussion	The time has come	Ok so the time is here for us to file the I-751, here is our list of evidence.... are we missing anything?? I-751 Check for $545.00 Copy of my Greencard (front and back) 2005 & 2006 joint tax returns Deads for the house (naming us both as owners) Mortgage statment (in both names) Old Lease agreement (in both names and showing old address) Statement from Joint checking account Statement from joint savings account Statement from joint credit card account (showing acctivity for both names) Electric bill in husbands name Gas bill in husbands name Phone bill in my name Car insurance (listing us both as drivers) My health care proxy naming my husband Life insurance policy for me (showing husband as beneficiary) Life insurance policay for husband (showing me as beneficiary) IRA in my name (showing husband as beneficiary) IRA in husbands name (showing me as beneficiary) Medical & Dental insurance Printout showing us both as being covered 401K in my name (showing husband as benificiary) AAA membership in joint names Reciept for furniture (in joint names and new address) Alarm system agreament (in joint names and new address) Travel Itinery from our trip to Scotland in 2006 (with boarding passes and photos from the trip) Travel itinery from our trip to Orlando in May 2007 ( with boarding passes and photos) Postcard from my Granddaughter (addressed to us both) Postcards from my Parents from their round the world trip (addressed to us both) An assortment of photos showing us on 4th July and other family occations The last Valentines day cards we gave each other.... An I missing anything??? Kez The list looks comprehensive to me and for the benefit of those that recommended otherwise, affidavits are NOT mandatory and are recommended to supplement submissions where evidence is scant. My only suggestion, Kez, would be to make sure the evidence provided covers the time range in question. You didn't specify which years they were from. A note to others.... Think of the provision of your evidence as a "video" (succession of time) of your commingled lives, and how that could/would/should be much more compelling than a "snapshot" (one instant frozen in time) Edited by diadromous mermaid, 30 July 2007 - 10:24 AM.	diadromous mermaid	Female	0	2007-07-30 10:23:00
Removing Conditions on Residency General Discussion	Change Address	Any thoughts? I have yet to hear from anyone that has actually gotten in trouble for not filing the AR-11. And you work with USCIS, right?	diadromous mermaid	Female	0	2007-08-05 08:12:00
Removing Conditions on Residency General Discussion	I-865 Sponsor Change Of Address Form	Hello everyone, Long time member but haven't posted anything for ages. Debs and I moved into a new house in mid April and although I changed my address (as the immigrant) shortly after the move using the online address change process, we totally forgot that we also needed to inform the USCIS of Debs change of address. I have the I-865 form ready to mail tomorrow but got to wondering if the fact that we are well outside the 30 day period after we moved, might cause us any problems ? I have never made any claims for federal or state benefits. I will be applying to have the conditions removed from my green card this coming October and want to have all of our ducks in a row before that paperwork gets filed. Thanks in advance Mark & Debs No, it shouldn't.	diadromous mermaid	Female	0	2007-08-05 11:34:00
Removing Conditions on Residency General Discussion	I-751 rejected *sigh*	Thanks for the words of kindness and support, Peach. It's really appreciated! We received the original submission and reason for rejection today. It was reason number 2...it is because Chris is over 21 years of age and the form states he must submit his own petition (even though he arrived with David on his K-2 and adjusted status before he turned 21). Thankfully, it's the easier solved of the two and we can now cancel Tuesday's appointment with Immigration and get these re-done. UGH...I cringed thinking of a new packet to do now and adjusting the original of David's due to the new requirements. More xeroxing; hope the scanner holds up!!! So...to those of you that might encounter this situation with a child that is 21 at the time of removing conditions: I know VJ member peejay was successful (with the TSC) in including his stepdaughter (who was at least 21) on his wife's petition. However, we were not (through the NSC). As always, it's a guessing game. All I can recommend is send the petition in (flip a coin and decide how to submit!) early in the 90 day window to allow plenty of time in case it gets rejected!!!! I would certainly try with getting away with paying only an additional biometric fee at the beginning...who knows, you might get lucky! PJ We submitted our joint petition I-751 and included my son (he's not 21 yet) but he got his GC over 90 days after mine. They accepted our application but just sent us back the biometric check for my son with a blue letter stating my son has to file separately. I'm surprised they did not do the same to yours and instead rejected your application and returned the whole package. folks, Unless there is some change in process that I am not familiar with, there is protocol that determines if K-2 beneficiaries' I-751 are to be included with the original K-1 petitioner's or not. If you achieved permanent resident status at the same time as your K-1 parent, or within 90 days afterwards, then your K-1 parent may file a joint Form I-751, Petition to Remove the Conditions of Residence, and include you. If you achieved permanent resident status more than 90 days after your K-1 parent, you may file your own Form I-751, Petition to Remove the Conditions on Residence.	diadromous mermaid	Female	0	2007-08-05 08:18:00
Removing Conditions on Residency General Discussion	Can I enter the USA with extension letter if the I751 is denied?	I applied for I751 last year. In December I got a letter which extends my green card for 1 year - travel and work. So this means it is good till January 2008. However I haven't get anything else yet. I am worried that they might call us for an interview/deny it since my husband and I have a small problem in our paperwork. I plan to go to my home country for a month in September. What will happen if while I am gone they deny our case? Can I still get into the country with the extension letter? Has anyone heard of a story like this? My husband believes that I will not have any problem even if they deny it since I have the extension letter but to me it seems a serious problem and I am very afraid to go. Thank you! Heartbeat I and my family just came back New York on 08/05/2007 from China with my expired GC and a temporary I-551 stamp on the my passport. I didn't even receive my NOA yet before I left New York for China last month. Re-entry at JFK airport was quite easy even without any question asked. The immigration officer only took my expired GC, which had expired more than two years ago, on 06/13/200, and checkd his compuetr for few minutes I wouldn't necessarily equate your experience with all, and intimate that it could be an uneventful re-entry. By the way, kenwang, care to explain the green card "expired" notation in your timeline? And while you're at it, perhaps the two year delay in filing to remove conditions? Were you involved in a protracted divorce or something? How did you manage to evade removal during those 24 months? "Enquiring minds want to know"	diadromous mermaid	Female	0	2007-08-08 19:48:00
Removing Conditions on Residency General Discussion	Can I enter the USA with extension letter if the I751 is denied?	Appealing from outside USA would be impossible. If the I-751 is denied, while you are abroad, you have no status and you will not be able to return. Not even as a tourist/VWP? Well, I suppose one could try, but having just lost status, with a denied I-751 during a visit overseas, one would have to overcome the presumption that the entry was with immigrant intent. Edited by diadromous mermaid, 07 August 2007 - 12:08 PM.	diadromous mermaid	Female	0	2007-08-07 12:08:00
Removing Conditions on Residency General Discussion	Can I enter the USA with extension letter if the I751 is denied?	I plan to go to my home country for a month in September. What will happen if while I am gone they deny our case? Can I still get into the country with the extension letter? It seems improbable that they would deny your application while you are away, but if they do, your extension letter alone probably won't help you to get smoothly into the country. When I entered the US with my NOA, the immigration officer sent me to the passport office, to let another officer check my case in their computer system. What would happen if the second officer found there the decision to deny? I don't know, you still might have a time to appeal. Appealing from outside USA would be impossible. If the I-751 is denied, while you are abroad, you have no status and you will not be able to return.	diadromous mermaid	Female	0	2007-08-04 13:15:00
Removing Conditions on Residency General Discussion	Can we be overseas and still lift conditions?	You can't file from overseas if you have any job that's not a government job. Please cite a qualified reference for this information! Folks, let's keep the misinformation under control.	diadromous mermaid	Female	0	2007-08-13 15:40:00
Removing Conditions on Residency General Discussion	Can we be overseas and still lift conditions?	We are due to get our Green Card this fall with the usual "conditions". My question is, Can I accept a job overseas and still lift the "conditions" at the end of the two years, if we are indeed still overseas? Or is there a US residency requirement for those two years? Any help appreciated. Thanks! Which one of you is the "I" of the "we"? Is this some sort of government job?	diadromous mermaid	Female	0	2007-08-08 11:39:00
Removing Conditions on Residency General Discussion	parent signature for form I-751	Hi everybody! My child is filling a separate petition for I-751 to remove conditions on permanent residence. In part 6 "signature," is she the only one who has to sign the form (she's over 18)? Or should I or my spouse also sign? Thank you very much and good luck! If your child is filling in the form him/herself, then the child's signature is needed. Note the "I certify" language above the signatory spot. If the parent is filling in the form for the child, the parent would endorse in Part 7.	diadromous mermaid	Female	0	2007-08-15 08:24:00
Removing Conditions on Residency General Discussion	Affidavit and I-751	The OP was asking about affidavits, not letters -- and there is a difference between affidavits and letters. Affidavits are specifically listed as a type of evidence in the instructions. Letters are something one can certainly send in, but they would not be assigned the same weight as an affidavit. An affidavit is a written statement made under oath -- a sworn statement, as it were. A letter is, well, just a letter. You are not required to send in any affidavits or letter.... the instructions list examples of the sorts of evidence that would be acceptable.... you do not need to send anything from the list.... and as I said before if you have good enough joint evidence then there is no need to include affidavits or letters... Kez Of course you are not required to send in affidavits or letters -- I did not say otherwise. But those people who are short on evidence and are thinking about including such an item should recognize the difference between an affidavit and a letter. "A letter is well just a letter" Not true! A letter can be an affidavit, as long as it carries the same obligatory statement and attestation! I don't think that Kez's post confused the two at all. Hopefully, the people short on evidence would read the form and recognise that a letter must be in the form of an affidavit. Don't you?	diadromous mermaid	Female	0	2007-08-15 08:31:00
Removing Conditions on Residency General Discussion	Relocation dilemma	Quick question for you guys. I applied to TSC for a removal of conditions in late June and got fingerprinted in early July. But earlier this month, I had to relocate out of GA to OH state for educational purposes. However, my wife will remain in GA until at least Feb 08 after she completes a sensitive project that she is currently handling for her company or finds another job here in OH. Herein lie my dilemma: Should I notify the USCIS of a change of address or not? I'm hesitant to notify them while my wife is still in GA due to the following concerns: 1.) I don't want the USCIS to think that we are living apart because our marriage is troubled (it's not) 2.) I'm afraid my file will be transfered from Texas to Nevada where my app will be thrown to the back of the processing line and I have to start over. 3.) Besides, due to USCIS inefficiency they may lose my file during the transfer and screw me up altogether. 4.) Case processing in Texas is quite slow but it seems to be even slower in Nevada So, I don't know if I should change my address now or to wait until later after I have received my green card. It will also be appreciated if anyone who experienced relocation in the middle of a pending petition will share their experience. Thanks. This is a matter that falls into a grey area. And is for you to determine. Law requires an alien to inform USCIS of a move after 10 days. The question then remains, is this a move?	diadromous mermaid	Female	0	2007-08-15 08:40:00
Removing Conditions on Residency General Discussion	adding spouse's name to deed on house	I am so up in the air about this idea (and embarassed about being up in the air) that I am posting under an alias! My husband will be ready soon to file for removing conditions and I am thinking about adding him to the deed of my house, but I'm scared to do it. I know this is baggage that has to do with my first marriage, where my ex-husband became increasingly controlling and emotionally abusive until finally I had to get out to save myself. We had to sell the house when we divorced. It wasn't a total heartbreak because we had very little equity. But then I was basically homeless and it took quite a while to re-establish myself. I have since purchased my own home and property values have risen in the intervening years, so I have a substantial amount of equity in this home. My current husband and I have been married well over a year now and we love each other to pieces. He has given me absolutely no reason to doubt his character or intentions. But I am scared to add his name to the deed, even though I definitely want him to have the house (and everything else) if anything should happen to me. Feeling once burned, twice shy, as the saying goes. I know someone who recently got an RFE for more evidence when he tried to file to lift conditions for his wife. He thinks one of the reasons he got it is because he didn't show evidence of a joint lease or deed on property. Removing conditions evidence isn't the only deciding factor for me, but it is definitely one of them. Has anyone else felt this way, and how did you handle it? A spouse would only be entitled to appreciation during the marriage, in most states, that is. This is a case that would be best served through a consultation with a family lawyer. It doesn't hurt to find out the "what ifs".	diadromous mermaid	Female	0	2007-08-15 10:20:00
Removing Conditions on Residency General Discussion	I-751 and AR-11	I was just confused about the whole "residence" idea when it comes with the I-751. My parents are filing my mom's I-751 tomorrow. My GC doesn't expire until April and we've been advised that I can't file to remove conditions on my GC until my 90-day period. However, I am moving to Rhode Island this fall for college and I was wondering where I should file... Also a note, we are filing an AR-11 because my parents are moving to a new house at around the same time I leave. So when I fill out the AR-11, should my residence be our new house, or my college address? I think that there is an area on the bottom that states where I'm going to school but it wasn't clear to me which one would be considered my residence (since that would decide where I send my I-751. Ok, so my question is, can I file at CSC even though I am in Rhode Island. By the time I file, I won't have been living there for 1 year (which is what most residential status is based on anyway) and technically, I'm not a resident. I don't think I'd even be considered a resident of RI even after that year since I moved there for educational purposes. My parents filed at CSC and they think that I should file there too but it would be a bit difficult for me to fly to Nevada just to get my biometrics done. It is, however, possible. I was just wondering if I can file either at CSC or VSC or do I have to file at a certain place. Thanks for all the help! I don't know where this whole confusion as to the issue of "residence" is coming from. Simply put, you use the address that you consider your permanent home. If going to school will only require that you live in RI for a temporary stint, and you are maintaining your parents home (new or old) as your permanent address, then that's the one I'd use.	diadromous mermaid	Female	0	2007-08-16 08:26:00
Removing Conditions on Residency General Discussion	how do I respond to this question	QUOTE (marknir @ Aug 19 2007, 07:32 PM) <{POST_SNAPBACK}> Hi Everyone It's been a while since I posted anyting, too busy working and enjoying my new life in America, How time flies, it is almost time to send off my I-751 for lifting of conditions. On looking over the form there is one question I am not sure how to answer. In part 3 question 7 asks, have you ever been convicted Etc I did have one small blemish on my record which was disclosed on my original I-129F and discounted as a misdemeanor and ignored by the INS. Unfortunatley I cannot find the copy of the I-485 as we have had a lot of work done to our house and don't remember how we handled this question. any help or advise will be appreciated as it always has been thanks and good luck on your journey Mark and Cheryl The question on the I-751 asks: QUOTE Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any law or ordianance (excluding traffic regulations), or committed any crime which you were not arrested in the USA or abroad?"	diadromous mermaid	Female	0	2007-08-20 09:11:00
Removing Conditions on Residency General Discussion	is there an interview for the 10 year green card	QUOTE (pinaymama @ Aug 19 2007, 02:09 PM) <{POST_SNAPBACK}> We don't have any interview here in Michigan. I think it depends on the jurisdiction of your state. But so far as I know, none of the Removal COndition applicants had been interviewed. It is not only ridiculous but irresponsible to say this! Do you work for USCIS?	diadromous mermaid	Female	0	2007-08-20 09:03:00
Removing Conditions on Residency General Discussion	I made a mistake... wrong form filed!	QUOTE (twiker @ Aug 22 2007, 08:16 PM) <{POST_SNAPBACK}> I am a very organized person, detail oriented, went through college, and am now a social worker who helps people fill out goverment paperwork all day long. So, one would think I wouldn't make a mistake so simple on my husband's visa paperwork. Well, I did. For some unknown reason, I filed form I-90 (For a new green card that is expiring) when I should have filed form I-751 (lifting conditions). I guess I saw his green card was expiring and thought I should file the form for renew the green card, not the one to lift conditions. Well, when we got to the biometrics appointment, we were told of our mistake, so we immediately went home and filed the I-751 with a cover letter, that also mentioned the mistake we had made. My question: Will this mistake effect the I-751 being approved, or are the 2 forms concidered seperate? We filed the I-751 on 8/13 and my husband's card expires on 10/26. Is this enough time. I feel like a complete idiot..... Thanks for the support you all! Tara There should be no issue at all. You filed before the green card expired.	diadromous mermaid	Female	0	2007-08-22 20:20:00
Removing Conditions on Residency General Discussion	Please help for I-751 form's signature	QUOTE (godson @ Aug 23 2007, 01:33 PM) <{POST_SNAPBACK}> My child is over 18, she needs to sign in the I-751 form, where is my husband to sign? and he needs to sign too because it only has the Spouse's opation to sign. Please help me for this, thank you! Your 18-year old child fills out the form, indicating that she is filing the form alone at the top. At the bottom of the form, since she is filing the form alone, she signs only where it is indicated: I certify, under penalty of perjury of the laws of the United States of America, that this petition and the evidence submitted with it is all true and	diadromous mermaid	Female	0	2007-08-23 17:11:00
Removing Conditions on Residency General Discussion	Please help for I-751 form's signature	QUOTE (godson @ Aug 23 2007, 10:34 AM) <{POST_SNAPBACK}> Hi someone please help me: My child is filling a separate petition for I-751 to remove conditions on permanent residence. In part 6 "signature," is she the only one who has to sign the form (she's over 18)? And where is my spouse's signature? And the fee still $545? Thank you very much for your help, God bless you! Yes. Spouse signs her own form I-751	diadromous mermaid	Female	0	2007-08-23 10:19:00
Removing Conditions on Residency General Discussion	Filing I-751 from overseas	QUOTE (Moonlight_Angel @ Aug 22 2007, 03:32 PM) <{POST_SNAPBACK}> yes, he was stationed in Germany and that was where I had originally filed for my Conditional Greencard, too. However, it seems they do not deal with removal of conditions. I think the Information I got from the Lady at USCIS about filing in frankfurt was wrong. I am almost positive I do need to send my paperwork to a service center in the states, I am just unsure of which one. I dont know what they mean by my "home of record" It was the military hotline I had called, by the way. QUOTE "Home of Record" should not be confused with legal residence. "Home of Record" is the address a military member had upon entry into the Service. It does not change. "Home of Record" and legal residence may be the same address, and usually are, when a person enters military service. It can remain so even though the person or his/her relatives no longer live at that location, as long as the military member has not established a residence elsewhere after entering on active duty. If a military member changes legal residence after entering on active duty, he/she may not revert to claiming the "Home of Record" as legal residence without re-establishing physical presence and intent to remain in or return to that state. Family members of active duty military personnel may each have a different legal residence. A spouse does not automatically assume the legal residence of the active duty member upon marriage. The spouse must meet the physical presence and intent to remain or return criteria. Minors typically assume the legal residence of either parent, and when they become 18, they also have the option of establishing their own legal residence which can be different from either parent, assuming they have met the guidelines of physical presence and intent to remain or return. These are general guidelines for determining your legal residency for voting purposes. Consult your legal or JAG officer for specifics. From http://www.fvap.gov/laws/legal.html http://robins.jag.af.../LA/leg_res.htm	diadromous mermaid	Female	0	2007-08-22 14:54:00
Removing Conditions on Residency General Discussion	Filing I-751 from overseas	QUOTE (Moonlight_Angel @ Aug 21 2007, 08:46 PM) <{POST_SNAPBACK}> hello folks, I hope someone can help me here ... need some advise about filing for removal of conditions while stationed overseas... Since my Conditional Green Card is expiring in October, I would like to file the I-751. My husband is in the Military and we are currently stationed in Germany. I found out that i can still file for the removal of conditions, this is a quote from the instructions in I-751: NOTE: If you or your spouse are currently serving with or employed by the U.S. Government, either in a civilian or military capacity and assigned outside the United States, mail your petition to the USCIS Service Center having jurisdiction over your residence of record in the United States. Include acopy of the U.S. Government orders assigning you and your spouse abroad. But at the same time, I called USCIS to ask how exactly to proceed in this case, and where to send my paperwork, since I didnt really know/understand what they mean by my "home of record". I am a German Citizen and I got my Permanent Resident Card because I moved to the United States with my husband 2 years ago, on military orders, but now we are back in germany. The Lady however said that I have to file at the US Consulate here in Germany. which is contradicting to what the form sais. she said that i have to file in germany because i have no physical adress stateside. even though we are here on military orders. At the same time their website (uscis frankfurt suboffice) sais that they only offer limited service there and the I-751 does not seem to be something they deal with there. Did anyone go through this process before, and tell me what i need to do? where do I need to file? And also, what happens if i need to come to an interview...will i have to travel to the states just for that? I would be thankful for any advice Prior to your arrival in the US 2 years ago, your husband was serving and stationed in Germany?	diadromous mermaid	Female	0	2007-08-22 08:20:00
Removing Conditions on Residency General Discussion	Removing Conditions(where do i stand)	QUOTE (LaL @ Sep 7 2007, 03:17 PM) <{POST_SNAPBACK}> QUOTE (liam4lisa @ Sep 7 2007, 03:08 PM) <{POST_SNAPBACK}> Do I need to notify the USCIS that my current address has changed? Can anybody provide the telephone # or address? I am living in California you can change your address online. https://egov.uscis.g...i/go?action=coa There are distinct ways to officially place USCIS on notice of an address change, which varies with respect to the circumstances. Full explanation can be found here: http ://www.uscis.gov/portal/site/uscis/men...0045f3d6a1RCRD	diadromous mermaid	Female	0	2007-09-07 17:14:00
Removing Conditions on Residency General Discussion	Removing Conditions(where do i stand)	Yes! I filed for a change of address and also i think my wife did too? Does this make a difference? Yes she can still file jointly, in fact you need to file jointly, to waive the joint filing requirement you need to be divorced. Filing if the Couple is Separated More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however. Joint-Filing Waived in Limited Cases There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired. http://www.murthy.co...s/n_remcon.html Frankly, the exact process to follow to secure a waiver for couples that face divorce shortly before removing conditions is a relatively new phenomena. Before the conditional nature of the green card was implemented, this wasn't a situation at all. However, one recommendation that I always like to remind people of is that a jointly-filed I-751 is attestation by the couple that the marriage is/was bona fide. It is not necessarily an attestation that the marriage is still viable, sustaining, or likely to sustain, for that matter. That being said, it is best to be forthright and having placed USCIS on notice that you reside in different homes, makes it clear that you are not putting up a front as it were.	diadromous mermaid	Female	0	2007-08-15 13:54:00
Removing Conditions on Residency General Discussion	Removing Conditions(where do i stand)	I have a few questions! I am currently still married to my wife, we are seperated but not legally we are just not living together at the moment. We plan on hopefully getting back together in the future, but we are not sure if we will be back togehter by the time i need to apply to remove condtions. Can my wife still co-sign even if we are not living together? Does it make a difference that we are not legally seperated but just living apart? Thanks in advance! Living separately does not preclude a jointly-filed I-751 except in such states where a separation leads automatically to divorce. That said, did either of you file a change of address when whichever party moved away?	diadromous mermaid	Female	0	2007-08-15 08:50:00
Removing Conditions on Residency General Discussion	divorced filed I-751	The Biometric appointment I received yesterday is scheduled by next week at our local ASC.I just need to bring my I-551, passport etc..I'm just confused that i'm scheduled for this and yet not sure either if i'm approved or is it on the stage of being approved.I filed my I-751 waiver July, NOA received on the 25th August & Biometric Notice this 29th of August.Here are the evidences that I've submitted: Divorce decree Joint Savings Account Lease of the house Life Insurance beneficiary Joint income taxes letters/cards photos affidavits from my mother-in-law, ex-husband & friends Does anybody here who are scheduled for Biometric yet have not received approval yet? just wanna make sure i'm heading to the right direction now.. fingers crossed. Looks like you're headed towards receiving the permanent green card.	diadromous mermaid	Female	0	2006-08-30 10:01:00
Removing Conditions on Residency General Discussion	Time to File I-751	QUOTE (Jema @ Nov 9 2007, 06:50 PM) <{POST_SNAPBACK}> QUOTE (jasman0717 @ Nov 9 2007, 05:47 PM) <{POST_SNAPBACK}> I am not sure what you want. If it were me I could push forward by myself I could easily push forward by myself, I do it anyway and was happy when we were apart. My dilemma is that although I don't really feel like the marraige was entirely bonafide on his part, I can't come to terms with our child asking me one day why her Dad isn't there, and me knowing I didn't do everything I could to keep them together (in the same country). He's not much of a supporter but he is very loving with her and she is very bonded with him. I guess my plan is to just be very straighforward (factual) with INS and not ask for anything particular, then just take the decision as fate. While it's true I don't know all of your particular facts, I seriously doubt that an alien that entered a marriage solely to gain immigration benefit would plan to begin a family together. It is possible that the marriage was not really destined to last, save for the child and that is the "glue" that keeps your alien husband and you together. USCIS usually consider a child born to the marriage as good evidence of a bonafide union. Of course, such evidence would not or could not outweigh compelling evidence of fraudulent intent upon entering the marriage, should there be any. I don't believe that the child support issue will be in any documentation that USCIS would secure, but if it comes up, the alien is advised to answer honestly.	diadromous mermaid	Female	0	2007-11-09 20:03:00
Removing Conditions on Residency General Discussion	I 751 not approved	QUOTE (the works @ Nov 9 2007, 08:37 PM) <{POST_SNAPBACK}> Here's the background: My husband and I are separated, but were counseled by TWO previous attourneys to wait to file for divorce until after our I-751 was approved. We currently live in separate states. We were called for an interview last week in Norfolk, Va, and were told by the officer that, unless we were planning on reconciling and moving back in together, we would need to obtain a divorce so that we can file a waiver. It took almost year and a half to get to this point from when we filed our joint petition. What a racket!!! I am American, English is my first language, and I have a college degree. I say this to emphasize the point that I did my homework before filing. I read the instructions and the actual statutes carefully. As I understood it, joint petitions could still be approved provided that a divorce wasn't finalized and that I still supported it. We meet criteria for a good faith marraige, so that wasn't an issue. Apparently, my ability to read and understand the English language has failed me. In the filing instructions, it states: "If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status." Ok, so we're still married. Granted, we no longer live together, and our romantic relationship has ended, but we're still friendly and I think that puts us in a better position than a lot of marraiges I know. Under evidence, it states: "Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended." We did all of the above. Even the officer said she believed our marriage was valid and that the evidence we submitted looked fine. NOWHERE did it tell us that should our living conditions change (in the year and a half time period that they took to process our application) that we would have to refile under a waiver. Now we have to pay an additional fee and probably wait another year for this to go through. What a mess... The bottom line of this story is that we got a new attorney shortly before we went to the interview, and although he didn't advise us that this outcome was possible, we're glad that he was there. He helped convince the officer to put our file "on the shelf" until we can file for and finalize a divorce (approximately 2-3 months, according to our lawyer) and refile under a waiver so that my husband doesn't go into removal proceedings. I hope no one else has to go through this ordeal. Sounds like the AO was not familiar with the statutes! Sorry you got one that was going to make an issue out of a non-issue. Hang tough...and get that marriage over	diadromous mermaid	Female	0	2007-11-09 20:41:00