Forum	Title	Content	Member	Sex	Country	Date/Time
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
Removing Conditions on Residency General Discussion	Filing while seperated?	QUOTE (James @ Nov 9 2007, 03:31 PM) <{POST_SNAPBACK}> QUOTE (Yardiewife @ Nov 9 2007, 11:59 AM) <{POST_SNAPBACK}> Hello, So my husband and I are working on things and they are getting better everyday but we don't live together currently and haven't since May. We probably won't be back living together before it is time to file (Feb) to remove the conditions on his green card. We aren't legally separated just physically. Do you think this will be a big problem? We can't get the typical evidence together because we don't have the same address. What would you all do for evidence? How would you address it in the RC packet? We can send evidence from before May but won't have anything really since then. Any ideas? Thanks You might want to do a search here -- type in "separated" in the search form at the bottom of the main page for the Removing Conditions forum, for example. There have been a number of opinions about what being separated means for filing and interviews, not to mention confusion. My understanding is that, for filing, you should generally be either married and living together so you can file a joint petition or divorced so you can file a petition and seek a waiver of the joint filing requirement. Being separated at the time of filing (although particularly "legally" separated, which you're not) is problematic. Assuming you can't reconcile before filing, your best bet would probably be to consult an attorney. 'Wow. Lots of misinformation going on here............ Aside from the court order for child support as evidence, counseling, marriage counseling, is good evidence of the bonafide nature of a marriage. Per lucyrich's question, "What is it about you that is distinct from a sham couple?", the average "sham" artists would not typically invest in repairing that which was never intended to be! As far as the residing separately is concerned, as long as you represent this straightforwardly to USCIS, that the marriage is on shaky grounds and that it is a disappointment to both of you, but you are working on it, that's all you need to say. First, if you are shy on the type of evidence required, you might prepare yourself to be called for an interview, since those are generated as a result of a shortage of solid documentation and evidence. But, I'd send them all you have to see if it will fly all the same. USCIS already knows you reside alone. Removal of conditions does not require a viable marriage, just that the marriage was bonafide to begin with. Also, in opposition to what our resident lawyer, (but clearly not an immigration lawyer ) James, wrote on the prior page, I don't believe there is a requirement that the couple must be in a viable marriage to jointly file the I-751. James, please cite your source of information, please! There is a requirement that in order to meet eligibility to naturalise in 3 years as opposed to the normal 5 years, the alien must demonstrate that he or she has been married to a US citizen for 3 years and is still in a viable marriage to that citizen. Is that what you are muddling up in your head, James? It's nonsense to suggest that for removing conditions an alien is "compelled" to either end the marriage so the alien can be ready to file a waiver or "reconcile" the marriage so the alien can file jointly!!!! Certainly not in this case, anyway. This would be the case if the US citizen were not inclined to participate in a joint filing, but here we do not have that problem. The parties can file jointly as long as they are still married, even if they live elsewhere. Of course, knowing that they reside in separate places steps up the need to be able to show other evidence of the bonafide nature of the marriage. And bear in mind that the jointly filed I-751 must be adjudicated while the marriage is still intact. So, if a marriage becomes terminally ill and ends up in divorce, a jointly filed I-751 would have to be withdrawn and replaced with a waiver. Edited by diadromous mermaid, 09 November 2007 - 08:29 PM.	diadromous mermaid	Female	0	2007-11-09 20:27:00
Removing Conditions on Residency General Discussion	interview for remove conditions?	QUOTE (desperate_heart @ Nov 12 2007, 07:04 PM) <{POST_SNAPBACK}> Dear Friends, I have a question about to apply to remove conditions on GC, well I heard that If someone received "conditional" Green Card without intervew then when it comes to apply to remove conditions USCIS calls for interview? Is this true? Has anyone lived this exprience? Thanks No, it is NOT true. Being called for an interview at the I751 stage can either be completely random (in so far as a computer randomly pulls a certain number of applicants for review) or relative to the "sufficiency" of documentation that is provided with the application form and any indicators that may be apparent to the AO that suggest possible fraudulent intent.	diadromous mermaid	Female	0	2007-11-13 10:29:00
Removing Conditions on Residency General Discussion	What ARE the conditions on a 2 yr conditional green card?	QUOTE (a&o @ Nov 12 2007, 06:53 PM) <{POST_SNAPBACK}> I know we need to renew the green card and apply for a 10 year green card next year. But I wonder, what are the conditions that change or get removed? Just the length of validity or is it more? We are planning a trip abroad for just two weeks. O doesn't have any stamp in his passport saying he is a permanent resident but he does have his 2-yr green card. He'll be allowed back into the U.S., right? Is there some condition on travel that would make it necessary for him to have another piece of paperwork? And he can leave for two weeks without jeopardizing his application for the 10-yr card next year, right? I believe all is OK but I've learned not to assume things in this process. Thanks for any advice! The "conditions" on the green card are that the alien must demonstrate to the satisfaction of the USCIS that the marriage was entered into with bona fide intent, before the alien will be awarded a permanent resident card with 10 year expiry date.	diadromous mermaid	Female	0	2007-11-13 10:26:00
Removing Conditions on Residency General Discussion	I-751 Rejected for a wrong reason	QUOTE (Waiting4GC @ Nov 14 2007, 10:03 AM) <{POST_SNAPBACK}> QUOTE (jasman0717 @ Nov 14 2007, 08:56 AM) <{POST_SNAPBACK}> QUOTE (Cassie @ Nov 14 2007, 05:54 AM) <{POST_SNAPBACK}> QUOTE (sami76 @ Nov 14 2007, 12:20 AM) <{POST_SNAPBACK}> QUOTE (Waiting4GC @ Nov 13 2007, 11:12 PM) <{POST_SNAPBACK}> You should have filed 3 months prior to the expiration of your Conditional Permanent Residence card. Three weeks prior was too late. What I know is that You should file for removing of condition WITHIN 90 days prior to the expiration. Means even 1 day before expiration is fine, Am I right?!! yes you are right, see other posts above let us know how the infopass appointment goes I understand that it is "within 90 days" but thinks can happen. Mail can get lost or delay or sent to the wrong place. That is why I said it was too late. Would you really risk sending your application that close to the deadline? I wouldn't. Anyway, I hope you can solve this. Mailing the packet to arrive on the 90th day is not "too late", just as mailing the application several weeks or even months after the green card has expired is not necessarily "too late". Acceptance of any untimely submissions is discretionary, but if an alien indicates with the submission the reason for delay, and USCIS accepts the "reason" offered, it isn't too late!	diadromous mermaid	Female	0	2007-11-14 10:12:00
Removing Conditions on Residency General Discussion	Not actually residing in the U.S.	QUOTE (lucyrich @ Nov 16 2007, 01:25 PM) <{POST_SNAPBACK}> QUOTE I am just curious if there is any rule stating that she must be here in the U.S. more than she is out of the country. The rule is that her one true residence must be in the United States. The "welcome to the United States" letter that she received with the Green Card should have had the info, but it's also on Now That You Are a Permanent Resident page on the USCIS website. Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident. You may be found to have abandoned your permanent resident status if you: * Move to another country intending to live there permanently. * Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year. * Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year. * Fail to file income tax returns while living outside of the US for any period. * Declare yourself a “nonimmigrant” on your tax returns. So as soon as she moves to another country intending to live there permanently, she's given up the Green Card. This has nothing to do with removal of conditions; the abandonment of status issue would be true whether or not the card was conditional. The good news is that, by the time she does want to come to the US to live here permanently, it sounds like the marriage will be over two years old, so she'll be eligible for a green card with no conditions at that time. The bad news is that you've got to start all over with a new I-130, virtually equivalent to someone who had never filed immigration paperwork. US Immigration law doesn't have a good solution for the spouse of a US Citizen who wants to come to the US occasionally but not live here permanently. She probably doesn't qualify for a visitor's visa, because her marriage constitutes ties to the US that imply immigrant intent. But she can't keep a Green Card for long unless she resides in the US. A legal solution is to apply for a new marriage-based visa each time she wants to visit, but that's costly, inconvenient, and time consuming. Lucyrich, The OP wrote that they are simply taking an extended vacation. I don't automatically conclude from that information that anyone is residing in Thailand. If the OP and his wife maintain strong ties to the USA and assert that the USA is their permanent residence, I think there's nothing to be overly stressed about.	diadromous mermaid	Female	0	2007-11-16 19:15:00
Removing Conditions on Residency General Discussion	Not actually residing in the U.S.	QUOTE (thai2luv @ Nov 15 2007, 08:34 PM) <{POST_SNAPBACK}> Hello everyone, My wife and I are planning on taking an extended vacation to her home country very soon. We were planning on staying there for about 7 to 8 months. Will this be a problem for us when applying to remove conditions? Thanks. According to your timeline, your not due to apply until October 2008. When are you planning to leave?	diadromous mermaid	Female	0	2007-11-15 21:32:00
Removing Conditions on Residency General Discussion	To File or Not to File....	QUOTE (Chicken_Little @ Nov 22 2007, 11:34 AM) <{POST_SNAPBACK}> I received my CR-1 back in March 2006. I have been living in the states with my husband ever since. However, I have decided to to back to school, and we decided I would do this back in Canada (my home country). So we are applying for PR for my husband to move to Canada. We are in the final stages, but it looks like it will not come through until mid-January. After we get it, we will need a few weeks to tie up loose ends, etc. I just realized my CR-1 will expire March 2008. So I need to apply in December 2007. But I don't want to shell out $500 to extend a green card I plan to give up as soon as we get hubby's PR for Canada. But what if PR for Canada doesn't come through when we expect it, and still isn't here by March? I have no idea what to do. We have no extra money as we are trying to save for my tuition, and paying out the wazzoo for Canadian immigration. USCIS just took $400 of my money in July when my wallet containing my greencard was stolen, and I have no desire to give them another $500 for nothing. Any advice? I don't know what to do, but really can't afford to pay $500 right now...is there any way to call them and explain or something? I need to keep working until we move, so I can't just let it expire...*sigh* This sucks. if your conditional green card expires in March 2008, you don't have to file to remove conditions in December 2007, necesarily. You can submit an application any time within the final 90 days prior to the expiration of the green card. Admittedly, most aliens don't leave it until last minute, since they need to be able to preserve status, and failing to file by the deadline could place that in jeopardy, but there's no hard an fast law that prohibits an alien from submitting an application close to the expiry date or even after the expiry date for that matter. Acceptance by USCIS of an untimely filed application would be discretionary and subject to the alien providing a reasonable explanation. Why not wait until January to see what progress you're making with the Canadian immigration before filing?	diadromous mermaid	Female	0	2007-11-22 14:18:00
Removing Conditions on Residency General Discussion	File I-751 got NOA extension for 1 year, but traveling after Green Card expiration	QUOTE (cometaj @ Nov 23 2007, 02:30 PM) <{POST_SNAPBACK}> Hello guys, I sent my paperwork a little ways back and got my NOA from the USCIS (so glad everything turned out okay). But now I'm wondering how to make my travel happen. I'm visiting my folks for Christmas (haven't seen them in 2 years) but my Green Card expires exactly on the day I leave so on my return to US soil one week later, my green card won't fly. I'm assuming that I need to carry the green card AND the NOA to prove that I got an extension but I'm thinking it's a good idea to get confirmation, maybe through somebody who went through the same experience. Carrying the letter around with me is what seems to make the most sense to me. Regards cometaj Yes, take both.	diadromous mermaid	Female	0	2007-11-23 15:12:00
Removing Conditions on Residency General Discussion	In a stick	QUOTE (taf @ Nov 23 2007, 09:16 AM) <{POST_SNAPBACK}> Ok, I want to bring my wife back to scandinavia to live there, I am soon to file for removing of the conditions on my residency after 2 years of having the marriage based greencard. I do want the 10 year PR card too, and not just abandon the whole case, but we really want to get going and relocate too. Does this application require an interview at USCIS too? Perhaps, there is no way of telling. Some couples are called for an interview on a random basis.	diadromous mermaid	Female	0	2007-11-23 09:25:00
Removing Conditions on Residency General Discussion	advise please	QUOTE (ihavenoclue @ Nov 26 2007, 10:38 AM) <{POST_SNAPBACK}> but if i had doctors notes to prove that i was here for medical treatment surely that would be ok? You'd have to contact USCIS, if called for an interview, to see if they would be willing to reschedule the interview.	diadromous mermaid	Female	0	2007-11-26 10:41:00
Removing Conditions on Residency General Discussion	Husband to be deployed overseas	QUOTE (Walley @ Nov 24 2007, 09:17 PM) <{POST_SNAPBACK}> Also, a friend of mine told me that I can inquire USCIS if they can expedite my case and/or file for citizenship following my husband's deployment. Is this true? If so, who do I need to contact? Please, any idea is greatly appreciated. Thank you all in advance. Walley Expedited citizenship is possible for foreign-born that will be stationed overseas. http://www.pjclaw.ne...nship/319b.html	diadromous mermaid	Female	0	2007-11-27 10:30:00
Removing Conditions on Residency General Discussion	How am I to reapply for removing conditions?	QUOTE (mdlinx @ Nov 29 2007, 08:23 PM) <{POST_SNAPBACK}> I and my husband submitted my papers to remove conditions August 2006. They sent me back a paper, saying that my card was prolonged for another year, travel and employment authorised. I waited and waited for my new, 10 years card arrive, but it never did. Apparently because I didn't do my biometrics. I didn't know about it! What am I to do now, reapply? And how? My extension expires in 10 days. Go directly to "Infopass".	diadromous mermaid	Female	0	2007-11-29 21:12:00
Removing Conditions on Residency General Discussion	Removing Conditions on PR -	QUOTE (lucyrich @ Nov 30 2007, 05:28 PM) <{POST_SNAPBACK}> There are several people here who have removed conditions after divorce. Search the "Effects of major family changes" forum for some examples. While it can be done after divorce, I can't imagine removing conditions would be easy after an anullment. A divorce says "the marriage did exist and was valid, but it ended". But an anullment is a legal determination that the marriage was never legally valid and never really existed in the first place. That's why it's often so difficult to get an anullment. The exact laws vary by jurisdiction, but generally, to get an anullment, you've usually got to show that, at the time the marriage started, some condition existed which made the marriage invalid. In order to remove conditions after a marriage has ended, you've got to prove that, at the time the marriage started, the marriage was indeed valid and it was entered into in good faith by both parties. An annulment should not complicate the situation any more than a divorce would. That said, if the alien sought the annulment.	diadromous mermaid	Female	0	2007-12-01 06:56:00
Removing Conditions on Residency General Discussion	please let this end in a good way	hi,ok this is my problem.my husband and i have been married for12 years.i am a usc and when we got married he got his citizenship from me and we lived happily ever after......until....my sister married his brother...not for america but because they fell in love...anyway after that,hell broke loose and they didnt get along.she had brought him to the us after they got married and they lived together here for about 1 year and 8 months,then they got a divorce.since then he has gotten a temporary green card and now it has expired and he made an appointment in the immigration and they told him his case has been denied because there is no proof that it was a bonafide marraige because he wouldnt get her pregnant.so the immigration lawyer told him that he could appeal,but he needed witnesses that it was a bonafide marraige.both my husband and i are going to be his witnesses that it was indeed a real marraige.please tell me....what do you think is going to happen?im so stressed out thinking about this.its tearing our families apart.thanks. He received the conditional GC after they were divorced? So did he arrive on a K3? Were they still married when and if they were interviewed for Adjustment of Status? Something doesn't add up. Not impregnating one's spouse is not a valid ground for denial. If they were only living together for 1 yr 8 months, and he arrived on a K3, then they were married how long before he applied for adjustment of status? And if his card has since expired, yes, I agree with Wild's question, did he apply to remove conditions on his GC before the deadline? If divorced, the alien can apply right away under any one or all of the waiver requirements. Edited by diadromous mermaid, 06 October 2006 - 07:29 PM.	diadromous mermaid	Female	0	2006-10-06 19:27:00
Removing Conditions on Residency General Discussion	Questions before filing form 751	Having done this (moved) in the interim, I know that you need to file an AR-11 (change of address) and the change of address for I-864 (your affidavit of support) within 10 days of a move. Since you already missed that deadline, I would send it in asap!!!!! http://www.uscis.gov...files/ar-11.pdf http://www.uscis.gov...files/I-865.pdf The I-751 is a joint petition, so you'll be making it together.... http://www.uscis.gov...files/I-751.pdf Japau, this is a point of further clarification The sponsor has 10 days to report a change of address, only a. ) if he/she is an LPR b. ) if the petitioner and beneficiary have a pending petition c. ) if the sponsor is an alien subject to special registration Change of address, when no petitions are pending, and if sponsor is an LPR or if alien is subject to special registration The alien must file an address change within 10 days. A sponsor has 30 days to file an address change, if the sponsor is an US citizen. If the sponsor is an alien, then if I am reading the text correctly, the I-865 has to be supplied within 10 days. In the past, our predecessor, the INS, required every alien in the United States to report his or her address annually, in January. This requirement was eliminated in 1980 and annual reporting is no longer required. However, if you are not a U.S. citizen, the law still requires that you report any change of address change within 10 days of the change. All non-U.S. citizens (aliens) who are required to be registered are also required to keep the USCIS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted. It is also mandatory for any alien who has been designated as a “special registrant” under 8 CFR § 264.1(f)(as amended by 67 Federal Register 52585 (August 12, 2002) to inform the USCIS whenever he or she has a change of address, employment or school. Change of Address when a petition is pending: USCIS has created an additional procedure and recommends additional notifications for those aliens who are also applicants for benefits. Applicants and Petitioners with pending cases should telephone customer service at 1-800-375-5283 to report their change of address and get the address on the pending application/petition changed. If you are not a U.S. Citizen you will also be required to complete a Form AR-11. If you are not a U.S. citizen and you have a case pending with USCIS you need to do both - call customer service and complete the Form AR-11. The AR-11 is used by non-U.S. citizens to meet the legal requirements of informing USCIS of any change of address.	diadromous mermaid	Female	0	2006-10-07 15:57:00
Removing Conditions on Residency General Discussion	Pregnant by my busband. He doesn't want the baby and he asks me for an abortion.	...Unless you are a victim of domestic violence, (husband convicted by a court of domestic violence) (you did not say you were) you can not file for permament green card. The "battered spouse" waiver may sound like it's restricted to corporal violence, and it might even be a misnomer, but it's not restricted to physical battery. Emotional abuse also applies. Foisting control over one's spouse, by stating that a person must do something (and most especially if that involves a violation of her own body) or else they will be deported is emotional abuse. The OP should consult a lawyer, or seek out a local Catholic Charities, that might provide legal services to her, or at the very least point her in a direction where she can get pro bono legal assistance.	diadromous mermaid	Female	0	2006-09-26 17:19:00
Removing Conditions on Residency General Discussion	Pregnant by my busband. He doesn't want the baby and he asks me for an abortion.	There's some information missing. Baby aside, is it over between you? Had you planned on having children? If the answer to both those questions is yes, then divorce him, stay in the country, and file for the 10 year green card without him. You don't need to stay with him to become a citizen. But what do you mean by saing she doesn't need him. He has to give her Affidavid of Support again for 10 year GC?!?!?!?! If not, how does it work? No, he doesn't have to give an Affidavit of Support for the 10 year card. Familiarize yourself with the process here: How Do I Remove the Conditions on Permanent Residence Based on Marriage? How Can I Get a Waiver of the Requirement to File a Joint Petition? If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time. You may request a waiver of the joint petitioning requirements if: Your deportation or removal would result in extreme hardship You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition. You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition. Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers. Absolutely! And I'll add that this US citizen, apparently, does not want children, at least not at this time. This is the second pregnancy he's wanted to be terminated. Now I'll grant that it takes 'two to tango', and if your husband doesn't want children, there are any number of practices to ensure it...and he can take part in that! Please consult a lawyer before doing anything.	diadromous mermaid	Female	0	2006-09-15 13:49:00
Removing Conditions on Residency General Discussion	Change of address general	ok--what forms does that require? I saw the AR-11 on the USCIS forms website for his address change, but what about mine? I'm hoping also it won't be a problem that it's been 6 weeks since we moved...where does it say it must be within 10 days? The alien must report a change of address on form AR-11 in 10 days. The sponsor has 10 days to report a change of address on form I-865, only a. ) if he/she is an LPR b. ) if the petitioner and beneficiary have a pending petition c. ) if the sponsor is an alien subject to special registration otherwise, within 30 days. Change of address, when no petitions are pending, and if sponsor is an LPR or if alien is subject to special registration The alien must file an address change within 10 days. A sponsor has 30 days to file an address change, if the sponsor is an US citizen. If the sponsor is an alien, then if I am reading the text correctly, the I-865 has to be supplied within 10 days. In the past, our predecessor, the INS, required every alien in the United States to report his or her address annually, in January. This requirement was eliminated in 1980 and annual reporting is no longer required. However, if you are not a U.S. citizen, the law still requires that you report any change of address change within 10 days of the change. All non-U.S. citizens (aliens) who are required to be registered are also required to keep the USCIS informed of their current address. This is particularly important when you have filed an application or petition for a benefit under the Immigration and Nationality Act and expect notification of a decision on that application. In addition, the USCIS may need to contact you to provide other issued documents or return original copies of evidence you submitted. It is also mandatory for any alien who has been designated as a ?special registrant? under 8 CFR § 264.1(f)(as amended by 67 Federal Register 52585 (August 12, 2002) to inform the USCIS whenever he or she has a change of address, employment or school. Change of Address when a petition is pending: USCIS has created an additional procedure and recommends additional notifications for those aliens who are also applicants for benefits. Applicants and Petitioners with pending cases should telephone customer service at 1-800-375-5283 to report their change of address and get the address on the pending application/petition changed. If you are not a U.S. Citizen you will also be required to complete a Form AR-11. If you are not a U.S. citizen and you have a case pending with USCIS you need to do both - call customer service and complete the Form AR-11. The AR-11 is used by non-U.S. citizens to meet the legal requirements of informing USCIS of any change of address. Edited by diadromous mermaid, 09 October 2006 - 06:30 PM.	diadromous mermaid	Female	0	2006-10-09 18:28:00
Removing Conditions on Residency General Discussion	I-751 NOA & BIOMETRICS LETTER RECEIVED	Dittos to all---take the key pieces of your file with you and sort it out in person. Do bear in mind that some of the ACS offices are staffed by contractors--like here, it is in a separate building and there are no USCIS personnel there. I actually dont' know what that would even mean to you, but I'd try to fix it in person than phone/mail. Good point, mo. I was actually tempted to suggest making an Infopass with the DO, on the same day of the apptmt at the ASC, just in case they can't do the deed... mmmm, you know me, love me some overkill! Good idea. Now, about that FAQ you were going to work on.... "Divorce and Immigration Implications?" Pre-AOS; post AOS; pre-removal of conditions?	diadromous mermaid	Female	0	2006-10-10 21:17:00
Removing Conditions on Residency General Discussion	I-751 NOA & BIOMETRICS LETTER RECEIVED	Dittos to all---take the key pieces of your file with you and sort it out in person. Do bear in mind that some of the ACS offices are staffed by contractors--like here, it is in a separate building and there are no USCIS personnel there. I actually dont' know what that would even mean to you, but I'd try to fix it in person than phone/mail. Good point, mo. I was actually tempted to suggest making an Infopass with the DO, on the same day of the apptmt at the ASC, just in case they can't do the deed...	diadromous mermaid	Female	0	2006-10-10 19:37:00
Removing Conditions on Residency General Discussion	I-751 NOA & BIOMETRICS LETTER RECEIVED	I would wait and sort it out at your Biometrics.... God you would think they would check what name they are using is the right one.... they (USCIS) never cease to amaze me.... Kezzie I'd be sure to take a copy of your marriage certificate with you too.	diadromous mermaid	Female	0	2006-10-10 18:25:00
Removing Conditions on Residency General Discussion	I-751 (No joint tax returns)	Should I submit tax returns for my I-751 case? We don't have joint tax returns. We filed tax separately. We already have a baby. If I submit tax returns, should that include both, me and my wife's? Also is that easy to add spouse to the car insurance? I appreciate any suggestive words. If you and your spouse filed tax returns, whether jointly or not, include them, all pages. I take it you both declared yourselves as married, but filing separately, and not "single" correct? Call your insurance agent, and enquire how to add an additional driver to the family household. Your policy will have a declarations summary page. Although insurance companies may present the information in various ways, on mine at the bottom of this page there's a section listing "driver infomration". It should list all persons covered in your household, and your wife, when added, will be featured.	diadromous mermaid	Female	0	2006-10-11 09:42:00
Removing Conditions on Residency General Discussion	I-751 question about my children	diadromous mermaid, Exactly, the word 'children' is collective and non-specific. I.e. all-encompassing, even without the word 'all' in front of it for emphasis? No recommendation. The form is submitted, and it's probably consistent with previous applications submitted by Alchemist. I don't know what, if anything, ought to be done at this point. Good question for an immigration attorney? Yodrak Yodrak, While I agree with your interpretation of the directions, the word "children" is collective and unspecified, in my opinion the child in this case may or may not help to demonstrate the bona fide marriage. However, even if listing the child would have been betterm since the application has been submitted and the OP listed NONE, what would you recommend? "non-specific", thanks. Mind is mush today I suppose a consultation would be a good idea. I suspect that attempting to change the submission at this point could simply draw attention to something which might not be of critical importance, but it would be interesting to see if a "legal expert opinion" would recommend an amended I-751.	diadromous mermaid	Female	0	2006-10-11 12:40:00
Removing Conditions on Residency General Discussion	I-751 question about my children	Alchemist, Your are married to the child's mother, so you are her stepfather. You should have listed her. The item says, "List all your children." It does not say list your biological children, it does not say 'except stepchildren', it says 'all children'. At the very least listing your stepchild would have helped to create the impression that you consider her to be your child, an indication of a bonafide marriage. Yodrak Hi: I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side. We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father? Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on. Yodrak, While I agree with your interpretation of the directions, the word "children" is collective and unspecified, in my opinion the child in this case may or may not help to demonstrate the bona fide marriage. However, even if listing the child would have been betterm since the application has been submitted and the OP listed NONE, what would you recommend?	diadromous mermaid	Female	0	2006-10-11 11:45:00
Removing Conditions on Residency General Discussion	I-751 question about my children	Hi: I got married in 2004 and 3 months after I obtained my conditional GC. About a year after, I had some very difficult times with alcohol and gambling, so my wife and I separated, but none of us filled for divorce. She now has a child, but I am not the father. However, I love both my wife and my non-legitimate daughter very much and now we are actually back living together. I am grateful that I got through those tough times and that she is still by my side. We sent the I-751 in June 06, in time before my 2yr GC expired, with all the necessary evidence. However, in the application, under "list all your children" I put NONE, because I have no kids. Is that correct? Or should I have put my wife's daughter,although I am not the father? Since then, I got the letter stating that my GC is extended 1 year, but I don't know what to expect from now on. First, you will be advised if you will be required to appear for an interview or not. If the I-751 is adjudicated without an interview, you'll receive notification when it is approved, or denied and given instructions on how and when to return the old GC and prepare to replace it with the 10-yr GC. As to the child, at this time, while she is not your biological daughter, she doesn't need to be included.	diadromous mermaid	Female	0	2006-10-11 11:16:00
Removing Conditions on Residency General Discussion	I-751 cover letter	[quote name='Jelly' date='Oct 16 2006, 12:05 PM' post='508666'] I wouldn't bother. If you have other avenues covered there shouldn't be a problem. And those pieces of evidence have the joint address on them anyway, right? Another thing you could do is include the lease with your documents and write on it why you're not on it. Or ask the landlord if he could verify that you live there? A lot of people don't have joint leases or mortgages because of the USC being established in their home before the spouse turns up. Good luck! [/quote] THanks for your advice. Yes the other documentation has the joint address on it. That was actually the question i was asking, would it be sensible to include the lease with a reason I am not on it, or just ignore it and hope that the rest of the evidence is enough. thanks [/quote] Essentially there are two facets to the proofs required to remove conditions from an alien's PR at the I-751 stage. Proof of co-mingled finances (including assets/liabilities and equities) and proof of cohabitation. Joint obligation on a lease can help to show that the parties are sharing the financial burden of marriage and that they indeed reside in the same place, but in the event that a joint lease is not available, then other evidence can do the same. I wouldn't draw attention to what you 'don't have", but would focus on what you do.	diadromous mermaid	Female	0	2006-10-16 11:30:00
Removing Conditions on Residency General Discussion	2 year conditional green card	You can file an I-751 from out of the country, but you do need to be available for an interview, should one be called. If you depart the US with an eye to staying out of the country for an extended period of time, then you will need a ren-entry permit. An Alien becomes eligible to remove conditions 2 yrs 9 mos after receiving CPR when married to a US citizen, but if you've been married for all of that time, and have not had any substantial absences during that time, you become eligible for naturalisation a mere three months later. Were you to put off your plans to move back to the UK in order to accommodate removal of conditions, you might want to look into applying for Naturalization as soon as eligible. One you're a citizen you can come and go at your pleasure!	diadromous mermaid	Female	0	2006-10-13 22:25:00
Removing Conditions on Residency General Discussion	What is the definition of a "child"?	There are how ever instances where a k2 entrant in the US can become an IR1, I'm sure you can work that on out. I'm not sure I can. Care to expound?	diadromous mermaid	Female	0	2006-10-18 10:55:00
Removing Conditions on Residency General Discussion	What is the definition of a "child"?	Girona, I'm confused about some things here: - K2s should be classed initially as CF2 (if appropriate) and then IF2 when they attain immigrant status? Not CR2 or IR2? - How does someone classified as a CR not require removal of conditions at some point in time? - How does a K2 become anything-1, be it CR, IR, CF, or IF? Yodrak .... In our case our daughter was granted LPR status nearly a year and ½ after my wife adjusted. When it came time to file I-751 we had to file one for my wife and one for my daughter as per the instructions. We then got a notice saying that the removal of conditions for my step daughter was not necessary because she was classed as a CR-1 (there went that money out the window, but better safe then sorry) Confused or just similarly pedantic? But nonetheless so right! BTW, I scoured the Adjudicator's Redacted Manual for information on when I-751s are submitted with the principal beneficiary and when not. What I found was this: (5) Inability of Child to Be Included in Joint Petition. As a matter of administrative convenience, the regulations allow a conditional resident child who is unable to be included in his/her parents' joint petition to file an separate Form I-751. (This could also be thought of as a hardship issue since otherwise the child would be separated from his or her parent, but the child filing such petition need not document extreme hardship.) Circumstances under which this situation might arise include: A child whose conditional resident parent has died; A child who entered the U.S. more than 90 days after his conditional resident parent and therefore does not have sufficient residence in the U.S. to qualify for removal of conditions on the joint petition (but verify that the parent and step-parent?s joint petition has been granted before approving the child's petition); and Any other circumstances whereby in the determination of the director, the child is prevented from being included in the joint petition of his or her parent and step-parent through no fault of the child or his or her parents. In adjudicating the separate petition of a child, you must be satisfied that the conditional residence status was not obtained through fraud and that the petition?s approval would not further a fraud scheme. For example, you would not approve a separate petition filed by a child which would enable an otherwise ineligible parent (who obtained conditional status through a questionable marriage) to make a stronger case for an extreme hardship waiver.	diadromous mermaid	Female	0	2006-10-17 15:41:00
Removing Conditions on Residency General Discussion	What is the definition of a "child"?	I agree with sparkofcreation - one should get their legal advice from an attorney. Actions taken on the advice from the USCIS that turns out to be wrong is not the USCIS fault or problem to correct. A consultation on this issue should be very inexpensive. Yodrak Couldn't one make an infopass appointment? Why fork over $$ to a lawyer if you don'ty have to. Because I don't trust USCIS to give correct information, but I *do* trust them to hold it against the OP and his family if they act based on wrong information that USCIS gave them? Most state bar associations have things where for a certain fee (usually $25 or so) you can get a half-hour consultation with a lawyer specializing in your problem with no obligation to hire the lawyer. I went to my local US-CIS office on InfoPass today to get clarification on whether we should file my stepdaughter's I-751 separate from her mom or on her mom's petition. Geez...what a waste of time. At first the immigration officer said to do it together. But I pressed her as to her reason for saying that. Then she went in the back and left me at the window to ask somebody else. She returned and said the guy in the back told her my stepdaughter had to file separately. So I pressed her as to the logic of that...when she told me something completely different just a minute before. She then told me that the I-751 is filed at the district office and they don't do them in the local office. I already knew that...the district office doesn't have InfoPass, so you pretty much have to go to the local office to ask questions. She then told me that no matter what...if we file it wrong then the district office will just send it back. I thought the reason I went to InfoPass was to get some answers so I could file correctly???? So I have now made an appointment with an immigration attorney for a consultation to get some paid advice. We'll see how that turns out. I'm confused. Isn't Houston your district office? Which "local" office did you go to?	diadromous mermaid	Female	0	2006-10-16 14:51:00
Removing Conditions on Residency General Discussion	What is the definition of a "child"?	I will be filing the I-751 to lift conditions on both my wife and stepdaughter in mid October. My wife came to the USA on a K-1 and her daughter on a K-2 at the same time. My stepdaughter was 18 years old at the time of my marriage to her mom. She was included on her mom's AoS petition and got her Conditional Residency Card well within 90 days of her mom receiving her card. Under the Who May File section of the I-751 instruction it states: You may include your conditional resident children in your petition, or they may file separately. My stepdaughter just turned 21 years old at the beginning of September. She is not married and lives with us. Is she a resident child and can she be included in my wife's petition? I got this definition from the US-CIS website glossary: Child - Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen. I found this in Sec. 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse on the US-CIS website: (2) Dependent children. Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751). (Amended 5/23/94; 59 FR 26587) I would think that she would be included on her mom's I-751 since she was also included on her mom's I-129F and AoS petitions. The definition of a child is what is confusing to me. We would save having to pay an extra $205 if she could be included on her mom's I-751. And it would be easier to file. What do you think? I appreciate any opinions. Thanks. Caveat: Personal Opinion following I think maybe we are analysing this too much. The daughter met the age requirement to be eligible to enter as a K2 and the conditions of her adjustment were that her mother entered on a K-1 and married you within 90 days. Age of a K2 only plays a role in the non-immigrant entry, I don't believe that current age at the point of removal of conditions matters at all. In so far as the instructions are concerned, I remember something mentioned on another board by an immigration authority (BTW) that was something about "expressio unius est exclusio alterius" which roughly translates to "the express mention of one thing implies the exclusion of another". The instructions call for the K2 to file a separate I-751 when he/she adjusted status more than 90 days after the K1. If that is not the case, I'd interpret it to mean that no separate I-751 is required. Of course, so as not to mislead, this is merely my opinion!	diadromous mermaid	Female	0	2006-09-30 17:07:00
Removing Conditions on Residency General Discussion	What is the definition of a "child"?	I will be filing the I-751 to lift conditions on both my wife and stepdaughter in mid October. My wife came to the USA on a K-1 and her daughter on a K-2 at the same time. My stepdaughter was 18 years old at the time of my marriage to her mom. She was included on her mom's AoS petition and got her Conditional Residency Card well within 90 days of her mom receiving her card. Under the Who May File section of the I-751 instruction it states: You may include your conditional resident children in your petition, or they may file separately. My stepdaughter just turned 21 years old at the beginning of September. She is not married and lives with us. Is she a resident child and can she be included in my wife's petition? I got this definition from the US-CIS website glossary: Child - Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen. I found this in Sec. 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse on the US-CIS website: (2) Dependent children. Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751). (Amended 5/23/94; 59 FR 26587) I would think that she would be included on her mom's I-751 since she was also included on her mom's I-129F and AoS petitions. The definition of a child is what is confusing to me. We would save having to pay an extra $205 if she could be included on her mom's I-751. And it would be easier to file. What do you think? I appreciate any opinions. Thanks. Unmarried children under age 21 of K1 fiancé(e) visa applicants qualify for K2 visas. By the way, although the form uses the word child and children, Section 216 refers to the alien dependent as an alien son or daughter. Sec. 216. [8 U.S.C. 1186a] (a) In general.- (1) Conditional basis for status.-Notwithstanding any other provision of this Act, an alien spouse (as defined in subsection (g)(1)) and an alien son or daughter (as defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. (g) (2) The term "alien son or daughter" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage.	diadromous mermaid	Female	0	2006-09-30 07:49:00
Removing Conditions on Residency General Discussion	Interview for removing of status	hello, I am in the middle of preparing my I-751 petition... I thought that I no matter what had to appear for an interview. But now I read on the petition that quote" ...we MAY request that you appear at a USCIS office for an interview"....so do I get this right that I may get lucky and I dont have to go at all??? Also, we are stationed at HORRIBLE Fort Polk, LA right now...it takes me about 2 1/2 hours to get to Houston...the closest USCIS office... the louisiana office is in new orleans 4 1/2 hours away.... can I request to go to houston? to me its just a lot closer plus since my husband will be in afghanistan I feel more comftable goinf to houston compared to crime infested New Orleans... any ideas? This forum is awesome and even though I havent posted here yet...i always come to get information :-) thanks for all the great work you do... thanks a lot again tanja tanja, You don't mention when your filing deadline is. Has our husband already been deployed? (BTW, thank him for his service to our country) If he has not been deployed, then please read this information: When Service Member’s Deployment Abroad is Imminent All Forms I-751 that are filed jointly by service members affected by Operation Enduring Freedom and their conditional resident (CR) spouses should be adjudicated expeditiously. When a Service office is advised that a service member will be assigned overseas as part of Operation Enduring Freedom, and a Form I-751 has already been filed by such service member, every effort should be made to complete adjudication of the Form I-751 prior to the service member’s deployment. If the Form I-751 cannot be approved prior to the service member’s deployment, the petition should be placed on “overseas hold” in the Marriage Fraud Amendment System (MFAS) pending the service member’s return from abroad. The CR should be advised of this action, and directed to contact the Service office having jurisdiction over their place of residence when the spouse returns from abroad so that the adjudication of the Form I-751 can be completed. If he has already been deployed, I doubt you will be required to go to the local distrcit office alone. When Service Member is Already Deployed Abroad If the service member has already been assigned to Operation Enduring Freedom, and the CR’s two-year conditional residency is due to expire, the Service shall accept the Form I-751 signed only by the CR if accompanied by evidence of the service member’s military assignment (i.e., a photocopy of the service member’s travel orders, a letter from the commanding officer, or other appropriate documentation signed by responsible military personnel). If the Form I-751 can be approved without an interview of the CR and his or her spouse, the Service Center shall do so following standard operating procedures. If, however, the documentation submitted in support of the Form I-751 does not warrant approval without interview, the Service Center shall schedule the case for interview and place the case on “overseas hold” in MFAS. The CR shall be advised of this action, and directed to contact the Service office having jurisdiction over their place of residence so that the interview can be completed when the spouse returns from military duty. from: www.uscis.gov/graphics/lawsregs/handbook/Attach_ConStatPub.pdf	diadromous mermaid	Female	0	2006-10-27 15:33:00
Removing Conditions on Residency General Discussion	Filed I-751 Today in the mail.	We finally came to a decision on how to file for my stepdaughter since she is now 21 years old. Upon further research I found the following news article that stated the following: The noncitizen's children can be included on their parent's I-751 petition if they immigrated at the same time or within 90 days of their CR parent. They are considered to have acquired CR status on the same date as their parent. They can be included in their parent's I-751 petition even if they have turned 21 and no longer fit the definition of "child" under the INA. http://www.newsindia...tion-index.html So I made another appointment with yet another immigration attorney to get his opinion on the above quote. This attorney has 25 years experience and is board certified by the state of Texas in immigration and nationality law. The first immigration attorney we consulted was not board certified. This time I took my stepdaughter and let her decide how to file. The 2nd attorney related that he had never in his 25 years of practice had a situation of a 21 year old that could possibly be able to file jointly with their parent. However, he advised us to file jointly. He further stated that as long as we filed in good faith that we should not be penalized for this decision to file jointly. And my stepdaughter concurred with this decision. We will see what happens next. I put the joint I-751 in the mail today. The deed is done for better or worst. As I've said, all along, I think the only issues that prelude including a 21 yr old on the I751 is the death of the principal beneficairy or the 90 day issue. Putting her on her mother's I-751, is what I would've done.	diadromous mermaid	Female	0	2006-10-30 15:20:00
Removing Conditions on Residency General Discussion	remove condition and crime	Even if you had filed the claim and accepted the money, it would not be a crime. I do encourage you to talk with your husband about it. Why did they pay if you were not eligible in the first place? Did your husband understand the form differently from you? It doesn't matter for your immigration and you don't have to tell all here. For others wondering, Unemployment Insurance is NOT a goverment benefit that immigrants are prohibited from accepting (means-tested benefits are). UI is paid out of a State run fund filled (in my State, YMMV) with dollars from the employer (based on payroll). I agree with the comments that Meauxna offered. I'm a little perplexed, as well, trying to understand why UI would have been paid to you if you were not eligible. UI rate is determined by your income, and 3 checks totalling $1,000 while you were out of the country for 5 weeks suggests to me that they were issued on a weekly basis. It's odd that you were not given the opportunity to offer to refund the fund for the distributions made to you in error. It's even more odd that your husband would be able to cash a check issued in your name. While it appears that the EDD overdraw is not a criminal offence, and should therefore not impact your I-751, I'd want to know more about why you have been disqualified for UI for three years.	diadromous mermaid	Female	0	2006-11-04 19:42:00
Removing Conditions on Residency General Discussion	Quick question	I know I am thinking way ahead of time but I just had a letter from the lady who gave us our interview and it says on letter that we have to apply for conditions to be removed in Aug/Nov 2008 , 2 yrs from our AOS interview...... I thought it was that you got them removed 2 years from your wedding date , that would be in OCT 2007..... Reason why I am asking is I dont want to go past the date ( if it is from our wedding ) and get a letter saying we are to leave the country Any ideas Ange Nope, you were mistaken. The application to remove "conditions" on your PR is to be filed 90 days prior to the 2 year anniversary of the date you acquired PR (as evident on the green card itself) unless you fall into one of a handful of special case situations. In your case the AO is correct, and you will be eligible to file at the time she indicated.	diadromous mermaid	Female	0	2006-11-08 13:14:00
Removing Conditions on Residency General Discussion	general affidavit query	Hi , Thanks for your help and replies. I feel alot happier now. I cant use family as mine live in the UK. Micheals have passed away. His sister lives in Ausrtralia and brother in South africa. So we dont have any family in the USA. Kath. Lots can happen in two years, of course, but it could be a minister at your church, your family doctor's office receptionist, the grocer store clerk that you chat with when you and your husband shop for groceries, someone from the local car repair shop where you have your vehicles serviced, the landscaper that cuts your grass, the manager at the neighborhood gym where you and your husband work out. Anyone with whom you might have regular contact, as a couple, over an extended period of time.	diadromous mermaid	Female	0	2006-11-09 07:42:00
Removing Conditions on Residency General Discussion	can't be in the US during those "magic" 90 days, can my husband file?	Hey, guys. Thank you for the answers. I probably need to clarify my situation. The GC is not expired yet. It will in may 2007. I know I do spend the most of the year (8 months) outside the US, but for the summer I am in the US, and I am working during that time (so, paying taxes, filing for return every year). Last time, when I came back to the States after spending 8 consecutive months in Romania, the imigration officer at the airport didn't say a single word, just "Welcome back home!" This is my last year in med school, I can't afford the time and money to start the med school from the very beginning in USA, so me and my husband had to go for this sacrifice, even though he is visiting me twice a year. When we spoke to the authorities, they said he can send the folder [I 751 plus the whole nine yards, including the official document in english stating I am a student, meaning I have a valid purpose to be overseas] while I'm not there. Then, supposeably, I recieve the NOA that officially extends the GC for a year. Most of the people I asked, said I can come back with the expired GC that is accompanied by this letter. Some, say they don't know. I asked your opinion. So, you think I should come back to the states before it expires and wait till I get my NOA, get the biometrics done, then can I return to Romania with that NOA and expired GC, just for another few months, to pass my license exam? I'm sorry if my question is too foggy... Thank You . An alien can apply to remove conditions by way of an I=751 whilst overseas. The issue is that if an interview is called, the alien is to attend. The NOA issued once USCIS has acknowledged receipt of a properly filed I-751 will, when accompanied by a valid passport and the expired GC permit entry to the USA, provided the PR is not otherwise inadmissible.	diadromous mermaid	Female	0	2006-11-13 16:19:00
Removing Conditions on Residency General Discussion	I-751 evidence	Yes, we'd like to get another affidavit letter. But we really like to send out everything ASAP and get over with preparing the documents. It will take another week or two to get another letter from a friend. And it will be around Christmas by that time. We really want to get this done. The instructions say affidavit letter from at least two people. Since both my father-in-law and mother-in-law signed the letter, then we counted them two people even though it is one letter. But thank you for the advice. I recommend getting another affidativ. Only your in-laws sound weak to me. I would recommend a friend or a neighbor. You have lots of information, and the instructions say a couple of affidativs, so I would recommend someone other than your in-laws. Thanks. You have more than enough evidence of a bona fide marriage. Good luck. Affidavits are optional. From your list of supporting evidence, it seems comprehensive enough to me.	diadromous mermaid	Female	0	2006-12-04 10:19:00