Forum	Title	Content	Member	Sex	Country	Date/Time
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
Removing Conditions on Residency General Discussion	moving	fatboy, Yes. Sending the form to Kentucky does not update your address on pending cases. Call the USCIS National Customer Service Center and write to the USCIS facility that is processing your case. With luck, one of the two will get your new address into the case file. Yodrak My case is pending and we have just changed address. I know I have to send a form to Kentuky,but do I also have to notify the office where my green card is being processed? The AR-11 is to inform the USCIS of your new address. You should call the customer service call centre to make sure a notation is made on any pending forms that your address has changed.	diadromous mermaid	Female	0	2006-12-07 08:25:00
Removing Conditions on Residency General Discussion	Changing address while having conditional card	My husband is not subject to special registration. We have the conditional card, and do not apply to remove conditions until December 2007. So we have no pending applications. He spoke to three different people at USCIS customer service, and they said he did not need to call to change the address since he has no pending applications. It just seems weird to me that they would not just change our address to show the correct address. I feel confidant that we have done everything we can, the AR-11 and I-865, and we tried to call with them telling us there is no need. Yes, I concur. What I was attempting to bring to zyggy's attention is that, as far as my information is concerned, there are two distinct steps involved in an alien's notification of Change of Address. One, or the first, is to inform USCIS in writing by way of the AR-11, submitted to London Kentucky, within 10 days, in the event that the alien moves prior to naturalisation occuring. The other, or second, is to notify USCIS customer service call centre, by way of a telephone call, should this move occur while there are any immigrant petitions pending. This makes sure that the pending petition is updated in terms of the new address. So, in summary, two steps are required if there is an extant petition pending, and only one if no petitions are pending.	diadromous mermaid	Female	0	2006-12-06 14:36:00
Removing Conditions on Residency General Discussion	Changing address while having conditional card	I am assuming that you do not have an I-751 in process... You have complied with the law.. you need to do nothing further... zyggy, We don't know if the alien is subject to "special registration" (8 CFR 264.1(f)) for one, and so for that reason alone, I'm not sure that the OP has complied with the law. Further, per USCIS and the INA, if you are not a US citizen, the law still requires that you report any change of address change within 10 days of the change. This is to be augmented by a phone call to customer service if there are any pending petitions, so that customer service agents can make the change on pending petitions.	diadromous mermaid	Female	0	2006-12-06 11:54:00
Removing Conditions on Residency General Discussion	I still think that he didn't deserve it	We needed to apply in September 2006, right now is December. Did we pass deadline for applying? I was abused by him that why I reported him to the INS. And he already been in deportation. But I took him back beleiving that he changed. Can INS give him permision so easy to remove his conditions? No, I didn't file I-865. What happens if I will no file anything? Just sit and wait what is gonna be? Thanks. If the 90 day window to apply to remove conditions commenced in September 2006, then that window closes in December (to be considered a timely filing). Since it is already December, unless you share what date his conditional card expires, no one can tell you if the deadline has passed already. However, one can file an untimely (late) application. The acceptance of a late filing is discretionary, and the alien would need to offer a reasonable excuse for doing so. USCIS may remove the conditions from your husband's residency if they determine that evidence that is provided by you is sufficient to demonstrate that his intent when entering the marriage was bona fide. If you once reported to USCIS that you questioned his intent, depending upon what you shared and how compelling it was in the eyes of USCIS, he may or may not be successful in removing conditions. Frankly, though this is conjecture on my part, if there was no follow up to an earlier report, then chances are no conclusion of fraud was made. It would not be surprising to me if the USCIS Service Centre forwarded the I-751 file to the local office in order for an AO to call you in for an interview prior to arriving at a decision on the I-751. If either of you have moved since filing the last petition, then you should follow up with a Change of Address form (AR-11 for the alien, I-865 for the US citizen petitioner). If you do not agree to sign a joint application with your alien husband to remove conditions, then he will be unable to self-petition until he has a divorce decree in hand, or until he could formulate a reason to qualify for a hardship waiver. As I had said earlier, lack of co-operation on the part of the USC in removing conditions can constitute grounds for an alien to self-petition. In the event that you do choose to sign a joint petition with your alien husband, and later divorce prior to adjudication of the jointly filed I-751, you could withdraw the joint petition, (he would be required to replace it with a waiver on the basis that the marriage terminated in the itnerim). What, exactly, are you wishing to accomplish by not filing with him? Rather than refusing to participate in the removal of conditions stage with him, why not make a decision as to whether this marriage is to prevail or end?	diadromous mermaid	Female	0	2006-12-07 08:42:00
Removing Conditions on Residency General Discussion	I still think that he didn't deserve it	YuAndDan! Please, explain to me, do I need to report to INS that I am refusing to give him green card? Or if I better not file and that is all. And tell me please, how u wanna help me? Thanks. Technically, you don't give him a green card. You would endorse a form that states that the marriage was/is viable and not solely for immigration benefit. USCIS would then make a determination besed upon the evidences presented, if he should receive a green card without conditions. He has been afforded a conditional green card, and removal of conditions is required before the deadline. If you are still married, you can refuse to file with him, in the event that you believe that his intent was not bona fide, but doing so, without providing information to USCIS as to the reason for your belief, may play into any option he could have available (namely self-petitioning as an abused spouse). Yes, abuse can be alleged of a USC for withholding a signature to permit an alien spouse to secure permanent residency. That being said, you have to decide whether you wish to continue this marriage or not. If you choose not to end it, it can make a report of fraud invalid, by default. As USCIS could opine that if the marriage was fraudulent why would a USC remain associated with the alien. Further, if he is living in your home, titled solely in your name and paying rent, that can and could be used by him to support the bona fide nature of your marriage. Have you filed and I-865 Sponsor's Change of Address with USCIS since you relocated? It might serve you well to do so, as documentation of the fact that you are separated. The alien's A number is all that is required to make any official report to USCIS. If you can't remember it, it will be featured on the forms submitted for AOS. If you wish to report this as a fraudulent act on the part of your husband, be sure to document the circumstances, factually, without emotion, in a chronological format, and accompany any correspondence you submit to ICE, USCIS Service Centre over your jurisdiction and the local office (all three advised) with evidence in written form that leads you to believe you were deceived into marriage for the alien's immigration purposes only.	diadromous mermaid	Female	0	2006-12-06 11:30:00
Removing Conditions on Residency General Discussion	Several Questions....again	Hello Forum Members, I know I posted this a couple of months ago but since then I have been getting very confusing information from other people. Please please answer these questions for me: 1. I got my 2 year GC on April 2005. When do I apply for the lifting of conditions? Do I apply January 2007? 2. When am I eligible to apply for U.S. Citizenship? I actually read from a book I can apply for one only after I have had my non-conditional GC for three years. If that is correct, and my application for lifting of conditions is approved, does that mean I can apply for citizenship in January 2010 as opposed to January 2008? Thanks so much guys!!! Ives I-751 can be submitted to remove conditions 90 days prior to the expiry date on your conditional green card, which would be in Jan 2007. You can submit an N-400, (Naturalisation application) upon completing 3 years of PR. That would be from issuance of your first green card (even if with conditions). This is the case, if still in a viable marriage to the US citizen petitioner, as long as other eligibility requirements are met. The marriage to the US citizen has to be 3 years, the USC must have been a citizen for 3 years, resident in the district for 3 months, and having been present in the US for at least 18 of the 36 months, no lengthy absences. Google N-400 requirements for more details. The form I-751 does not have to have been adjudicated (approved) prior to submitting the N-400.	diadromous mermaid	Female	0	2006-12-18 14:01:00
Removing Conditions on Residency General Discussion	husband is very sick,do they still approve my app?	HI All, We just found out 3 weeks ago that my husband has stage 4 cancer (which means the cancer spreads out to his liver & lungs). I dont know if he will make it for next year. Our question is my greencard will expire november 2007. In case my husband wont make it that time, will they(USCIS) still be able to lift my PR condition? or what will I do? Im lost with everything going on right now, i dont wanna deal with the USCUS at this time if i could help it but I dont want to be deported. We have a 4 month old baby, so i want to be ready for everything in case something bad will happen to my husband. i hope someone can help me or give me some advise, right now im overwhelmed with stress thinking about my very sick husband, 4 months old baby, working plus the immigration stuff. Any help or advise will be appreciated. thank you so much. xtin & mdm xtin, First, my best wishes that your husband manages to get through this crisis. Secondly, as your attention may not be focused on details related to immigration at this time, but are you sure your green card expires in November 2007? Your profile says you received approval of AOS in February 2005, which would indicate that the expiry date on the card could likely be Februrary 2007, leaving you able to submit an I-751 to remove conditions in November 2006....unless I am reading your signature information incorrectly. Edit: I see, I missed the year on your signature information, but all the same, if you were married 2 years at the time AOS was approved, do you have a conditional green card ? Edited by diadromous mermaid, 11 December 2006 - 07:30 AM.	diadromous mermaid	Female	0	2006-12-11 07:26:00
Removing Conditions on Residency General Discussion	Filed I-751 on the Last Day	....it is determined that as long as the date on my wides EAC (Employment Authorization Card) is valid I'm curious....What is the date on your wife's EAD?	diadromous mermaid	Female	0	2006-12-24 07:19:00
Removing Conditions on Residency General Discussion	Filed I-751 on the Last Day	Here is a kicker. After speaking with the USCIS Call Center, and calling my lawyer, it is determined that as long as the date on my wides EAC (Employment Authorization Card) is valid, and I have a delivery confirmation of the i-751, she should be valid to work until the NOA1 arrives, because as long as you are filed in those 90 days you are still in status, and the EAC shows that you are legally allowed to work in the United States. Any thoughts? What the heck is an EAC? I've never heard of it. The closest thing I've heard of, the EAD, is only issued to non-permanent-residents. Gareth's EAD was taken from him when his green card was approved because they're not needed by PRs and they're not valid for them. Your wife is allowed to work in the US as long as she is in-status. If she filed within the 90-day window, she is in-status unless and until either (1) the one-year extension runs out if your case has not been decided by then, (2) your I-751 is denied, (3) she is put into rescission proceedings and loses, or (4) she abandons her status. (The most likely outcome, of course, is that none of those things will ever happen, the I-751 will be approved, and she will never fall out of status.) Egads, doctorvtec! Your wife is not at risk of deportation with regard to this submission. Your lawyer is correct. Your lawyer also properly advised you regarding your wife's employment situation and that until the NOA is received, and although she submitted the I-751 on time, an employer could ask for proof of status and with an expired conditional green card until an NOA arrives extending it, what would she present to the employer to show that? Per the I-9 instructions reverification is required by the employer prior to expiry of the instrument that was initially presented to the employer to demonstrate he or she has authorisation to work. Proof of status in terms of employment is being able to demonstrate that one is in work-authorised status. Your wife is allowed to work in the US as long as she is in-status. At issue is how she can demonstrate that her status is current to the employer...	diadromous mermaid	Female	0	2006-12-24 07:16:00
Removing Conditions on Residency General Discussion	Filed I-751 on the Last Day	Long story short. We used an Immigartion Attorney to get my Canadian wifes Green Card. Process went smoothly even though she was already here visiting when we got married. Our lawyer said they would contact us when it was time to remove the conditional residence. Fast forward two years. The paralegal that handled our case is no longer with the firm. Given the fact that we expected our lawyer to contact us and handle the filing, and the fact that we just bought a house and all the hub-ub that goes along with it, we just realized ths week that my wifes greencard expires 12/23/06. I hurried up and got documentation together (Mortgage, Lease, Car Titles, 04 & 05 Tax Records, Life Insurance Policies, Bank Statements, 2 Affidavits etc), and filled out the I-751 form. Today (12/21/06) I got everything mailed out using UPS Guaranteed Overnight delivery that will be there by 11am 12/22/06. I also included a cover letter that explained what all was in the packet, and why it got filed at the last minute. Should we be ok? Technically we did file prior to her anniversary date, but I am not sure what the law means. The form said "any time with 90 days prior", which we did meet since I overnighted it. But its not technically filed until they accept it. Should I be worried, and have my lawyer ready? I love my wife, and I will die if she gets deported. I should have not relied on the atorney, and should have paid better attention myself. I also just realized.... We may be in trouble... I just realized I wrote the check out to USCIS instead of US Dept of Homeland Security. I think we may be screwed... Or will they give us an extension since the check was wrong? Will we get the packet back, and resubmit it with a new check? Should I start calling my lawyer? The filing was made in time and you should receive an NOA shortly that will serve as an extension of her expired CGC 'til adjudication occurs. What is at issue, however, is whether or not your wife will be asked to demonstrate proof of status in the interim. USCIS falls under the Dept of Homeland Security, and I suspect the cheque will be alright.	diadromous mermaid	Female	0	2006-12-22 07:55:00
Removing Conditions on Residency General Discussion	just wanna cry	i didnt file a AR-11 yet.. i just did the address change last week.. You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there. http://www.uscis.gov...00045f3d6a1RCRD however, I am curious as to exactly what you were required to declare to access German health benefits. Are you registered as a permanent resident of Germany? Edited by diadromous mermaid, 29 December 2006 - 02:59 PM.	diadromous mermaid	Female	0	2006-12-29 14:58:00
Removing Conditions on Residency General Discussion	just wanna cry	'' yes i am still ''living in the US'' all my stuff is there.. LOL but i had to change the address temporary.. for insurance reasons and cuz i needed to change my last name.. i still had my maiden name in my german ID and that expired.. so i had to change everything.. address and name.. but i have my VA address in my ''VA'' ID and in my german passport.. (i had to get a new one in 2005 cuz it expired.. and i lived in VA then..) When you say you "had to change your address temporarily", do you mean in order to gain access to German Health benefits and made the address change there, or do you mean that you filed an AR-11 with USCIS and indicated that you are temporarily residing overseas?	diadromous mermaid	Female	0	2006-12-29 14:40:00
Removing Conditions on Residency General Discussion	just wanna cry	thank you sooooo much!! i got lots of info now.. btw.. hubby and i lived in VA since july 2004.. he is still there right now.. he comes to the birth in april and hopefully we (baby and i) can go back soon after that.. i dont wanna stay here for long cuz i am living with my parents again and that is just for a short time.. i wont be filing for taxes over here.. cuz i dont get any money from the state..etc.. ps.. hubby is not ín the army anymore.. he got out and moved back to the states.. and then i followed him.. should i contact the office where we filed for my GC or should i contact the office here in germany cuz i am here right now..? thanks again In this case, you would consult the I-751 form instructions for the office that has jurisdiction over your permanent resident state in the US (VA, if you are still residing there at the time the form is to be filed).	diadromous mermaid	Female	0	2006-12-29 14:37:00
Removing Conditions on Residency General Discussion	just wanna cry	3. There are a lot of things you didn't mention, but I *think* (don't know) that the only way you can file the I-751 while living in Germany is if your husband is also living and working in Germany (either for the military, US government, US company, etc.) at the time. In any case, jsnearline has a point--you could probably file using your US address. Not true. Which part isn't true? The instructions only say where to file if you live in the US or if your spouse is deployed overseas with the US military or government. And that if the latter is true, you must include a copy of the spouse's orders. There are no instructions on where to file if you are living outside the US for another reason, so I would assume that it's not possible. My view on the definition of "living" is that *if* she still has a residence in the US, she *could* be said to be "living" there (similar to the way that college students officially "live" with their parents, even if they're temporarily staying in a dorm), so jsnearline could be correct that she can file there. Obviously, of course, I'm not an immigration lawyer and don't know what one would advise. And given how many things mailed by us to the UK, and from G's family/friends to us, have gone astray over the past three years, I wouldn't trust the international mail with my NOA-1 (an irreplaceable immigration document) if I were the immigrant (heck, I didn't trust them with mailing it from Dallas to here, but had no choice), which is why I said that *if* it were me, which of course it's not, I would make sure I was back in the US in time to enter on the unexpired green card and file my I-751 from here. Because what if I filed in March as soon as I was eligible, Vermont took two months to mail the NOA-1 (as they've been doing lately), another week to reach Virginia, then it would take another week to reach Europe even if my husband mailed it to me that day, which is a margin of only two weeks before the green card expires. And if it got lost on the way to Europe, I'd be SOL. It's a bigger risk than *I* personally would be willing to take. What risk the OP feels comfortable with is, of course, up to her. hypnotiqwife's husband was once in the military in Germany. I don't see that he has been or is in active service overseas at this time. Perhaps I missed something. Once again, if her visit to Germany is o0f a temporary nature (to give birth) then she is considered still to be "living" in the USA. Do I Need to Be Physically Present in the United States at the Time of Filing? The Form I-751 (Petition to Remove the Conditions on Residence) can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement. http://www.uscis.gov...00045f3d6a1RCRD	diadromous mermaid	Female	0	2006-12-29 14:28:00
Removing Conditions on Residency General Discussion	just wanna cry	A couple of issues here: 1. Be careful you don't stay out of the US more time than you're allowed to without a reentry permit or do anything that would make them say you abandoned your status (like filing German taxes as a resident or US taxes as a non-resident--I don't know what else). I forget how long that period is, either 6 months or a year (I think a year). A re-entry permit is not required for absences of 6 months to one year. But an absence of more than one year will require one! The issue as a conditional resident is maintaining US as one's permanent domicile. 2. You can file any time between 90 days before your card expires and the date the card expires. True 3. There are a lot of things you didn't mention, but I *think* (don't know) that the only way you can file the I-751 while living in Germany is if your husband is also living and working in Germany (either for the military, US government, US company, etc.) at the time. In any case, jsnearline has a point--you could probably file using your US address. Not true. 4. That said, jsnearline's other suggestion of just filing late is NOT a good idea. For one thing, you won't be able to re-enter the US in July or August if your green card expires in June and you don't have an NOA for your I-751. For another, the USCIS is NOT the agency that handles rescission proceedings (ICE does that) so pleading to the director of USCIS will do you no good. I suspect that, since you'd automatically be scheduled for rescission proceedings, if they let you into the country you'd probably be arrested at the airport. I question the accuracy of this. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE). is the agency with the DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT that handles enforcement matters within the US borders, including detention, REMOVAL, and worksite raids. USCIS would be the one to determine is a green card is to be rescinded. 5. If I were you, I'd make darn sure to be back in the US with my son (Yodrak is right about what to do about that) *before* my green card expires in June, then you can just file the I-751 when you get back. Not necesary as long as there is a way for her to receive the NOA extending the validity period of her CGC.	diadromous mermaid	Female	0	2006-12-29 13:26:00
Removing Conditions on Residency General Discussion	forms needed for removing conditions?	im super early for this question but i would like to know. at the end of this year in december of 07 my wife will be appling to remove conditions from temp resd. now i want to know is the only form i have to fill out is the i-751. i dont need to fill anything else out i thought i had to fill like an affidavit or do medical again. maybe a stupid question but still a little uncertain. thanks happy new year Yes, form I-751 No, medical No, affidavit (the current one is still in effect) AR-11 and or I-865 if you or your spouse/sponsor move while the I-751 is pending adjudication	diadromous mermaid	Female	0	2007-01-01 20:57:00
Removing Conditions on Residency General Discussion	Leaving USA after receiving Green Card	The rules for naturilization to become a citizen can be found here: http://www.uscis.gov...476_English.pdf For a spouse the rule is 3 years 18 months, with periods ounside the USA of no more than 6 months. The exemption for non profits has to do with non-profits that promote the USA. You will need to obtain a re-entry permit if you plan on being away from the USA for longer periods of time. See: Now That You Are A Permanent Resident For a spouse the rule is TWO YEARS NINE MONTHS (or to be more exact, three years minus ninety days) from granting of permanent residency. Not three years and 18 months. As far as I can tell, PaulFox, she apply two years and nine months after she gets her green card, whether or not she is in the US at the time, as long as your (PaulFox's) only employment while living outside the US is as a missionary (or one of the other categories mentioned above). The rules about how long she must be inside the US do not apply. But I don't understand all the details, I'm afraid. sparkofcreation, I believe you are confusing YuAndDan's post to mean the point at which an alien becomes eligible to apply for Naturalisation. In point of fact, YuAndDan was explaining the presence element of eligibility. For an alien still residing and married to his or her USC spouse, presence required is 18 months out of the last 3 years, (hence YuAndDan's comment "the rule is 3 years 18 months") as opposed to 30 months of the last 5 years for all others.	diadromous mermaid	Female	0	2007-01-02 10:45:00
Removing Conditions on Residency General Discussion	Leaving USA after receiving Green Card	The rules for naturilization to become a citizen can be found here: http://www.uscis.gov...476_English.pdf For a spouse the rule is 3 years 18 months, with periods ounside the USA of no more than 6 months. The exemption for non profits has to do with non-profits that promote the USA. You will need to obtain a re-entry permit if you plan on being away from the USA for longer periods of time. See: Now That You Are A Permanent Resident YuAndDan, read Section 319 SEC. 319. [8 U.S.C. 1430] (a) Any person whose spouse is a citizen of the United States may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse, who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months. (B) Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and © regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.	diadromous mermaid	Female	0	2007-01-01 21:07:00
Removing Conditions on Residency General Discussion	Separation/Almost to 10Yr GC	USCIS rules are clear... if at any time you are seperated or divorced before the I-751 petition is approved, the alien must file a new I-751 petition on their own after the divorce is finalized... I agree with the above posters, I'm sure after 2 years there is plenty of evidence that you both lived a shared life and the relationship was not entered into to evade US Immigration laws... If it is truly over, you should get a divorce and let your husband file to remove conditions on his own... Hmm. I am not sure I agree with the above comments. Certainly, I do NOT agree that the OP is intently or even accientally commiting immigration fraud! It is always wise to consult an immigration attorney in situations that are removed from the typical. This might be one such instance where a quick consult can clear up any confusion. In my opinion, if anything, in a situation like this, there may be a procedural requirement that would involve later replacing the jointly filed I-751 application with an appropriate waiver, if and when the marriage is considered terminated in terms of immigration purposes. The question then is, "when is a marriage considered terminated"? From the information presented here, at this point, the marriage is still extant. That would not preclude a joint filing, unless there are certain state laws that define separation as terminal. As far as my understanding is concerned, marriage is terminated when a divorce decree has been issued. What about when a divorce has been initiated? Not so in my opinion. Divorce process can be aborted, and the marriage is still intact. I suspect the immigration process would think the same at this stage, and the only instance where I can think (after adjustment of status) where immigration protocol requires that the marriage be sustaining would be at Naturalisation, and even then, a separation does not necessarily preclude an alien from availaing him or herself of expedited process. It is a discretionary call made by the AO as to whether termination of the marriage appear imminent that might prohibit Naturalisation in 3 years as opposed to the standard 5. Separation does not prohibit the joint filing of an I-751, UNLESS the alien is located in a district/state where separation automatically leads to termination or divorce after a specificed period of time. In fact, according to a memo issued by NSC in March 2005, it clearly indicates that if the petitioner and beneficiary are separated or have initiated divorce proceedings at the time the Form I-751 should be filed, the petitioner and beneficiary may still file a joint petition if the petitioner is willing to sign the Form I-751 petition. However, the NSC has indicated that if the petitioner is not willing to sign the joint petition, the beneficiary is not eligible to file the Form I-751 requesting a waiver of the joint filing requirement until the divorce is final unless abuse is the basis for such a filing. If none of the aforementioned factors are present, the beneficiary's conditional resident status may be terminated because he/she may be unable to file a timely Form I-751 and he/she may be placed in removal proceedings.	diadromous mermaid	Female	0	2007-01-04 10:40:00
Removing Conditions on Residency General Discussion	Bypassing I-90: Name change and filing of I-751: Timing question	I will be filing for a change of last name soon. I will also be filing the I-751. I called up USCIS to find out the whether the I-90 is needed with the I-751, and after being bumped here and there by a few unprofessional people, I spoke with a real nice guy, who not only answered my questions but took the id numbers of the unprofessional reps to her supervisor, who then came on the line and confirmed those names with me. Anyway, this is what he told me: He said that I could file for a name change and once I have the court document verifying that, I could attach that doc with the I-751, in the "name" section, put in my new name and in the "other used names" section, put in the older name (which is my current name right now). This way, as and when the I-751 gets approved, I would get the 10 year GC with the new name, and I would not be required to file the I-90 and I will be able to bypass that. If there is still a mistake, and the GC gets sent with the old name, I would not be responsible for it and I would need to keep the evidence (photocopies of the I-751, court order etc.) ready, and that USCIS would not charge me fees for an I-90, as it will be considered their fault. Does anyone know whether this is true and whether this information is correct? As far as my understanding is concerned, that would be correct. Alternatively, if still married to the USC sponsor, and eligible for naturalisation, the name change could be made at that stage, even if the 10 yr GC reflects your former name. Edited by diadromous mermaid, 01 January 2007 - 08:53 PM.	diadromous mermaid	Female	0	2007-01-01 20:50:00
Removing Conditions on Residency General Discussion	What if he has a baby with someone else	Hello, all: I just have a complicated problem. Finally I solved some of the problems I had with my husband from last year, and now I got a new problem... just few days ago he admitted to me he made someone outside preganent...for almost 5 months!!!!!!! I know that girl, she's been friends with us since I know my husband...it's a long story... Anyway, this time there is no way I am able to keep this going. We talked night after night, and finally we both agree we will wait until my condition has been removed. finally we used to be the cloest... the situaltion now is I'm going to submit my I-751 package after May 24th this year, which is few weeks from now. The baby will be born around April. We both are not very sure 1. is the birth of the baby going to affect my case? 2. if it does, in which way? (does the baby has to get a birth certificate as soon as he is born?) I'm so overwhemed now and can not think about any other issues or problems... Anyone can give me some suggestions? I really appreciate that. God bless us all! 2. A child outside the marriage might have bearing on your marriage, but it has no effect whatsoever on your immigration status.	diadromous mermaid	Female	0	2007-01-08 08:03:00
Removing Conditions on Residency General Discussion	Emty cells on the form	OK, instructions says if item is not aplicable to write N/A if answer is none to type NONE. What sholud I type under mailing address if different than above, when my mailing address is the same as the one I put in the begining of the form. 1. Should I type N/A for all of them, city, country, street.... 2. In care of I think to put N/A Does it sound right or I should leave it blanked? Thank you N/A, since it is not-applicable as your mailing address is not different.	diadromous mermaid	Female	0	2007-01-16 13:02:00
Removing Conditions on Residency General Discussion	Has somebody sent pictures as a proof of relationship?	Pictures don't really prove anything, and they aren't listed on the I-751 application. Best evidence of a real marriage is "financial entanglement." Joint bank accounts, investment accounts, car titles, mortgages, title to the home or a joint lease, credit card statements, insurance, etc. Affidavits (which anyone can write and say anything) and pictures don't really say anything...we didn't include anything like pictures or affidavits or any of the 'secondary' items at all, and we're not worried about it in the least... Aren't the affadavits a requirement? That's what it looked like to me when reading the instructions... Affidavits are NOT required. The instuctions for form I-751 suggest that an alien 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. The documents should cover, but not limited to, the period from the date of your marriage to the filing of this petition. Here's the language that indicates that selection of evidence MIGHT include affidavits, but certainly not a requirement Examples of such documents are: Edited by diadromous mermaid, 16 January 2007 - 09:47 AM.	diadromous mermaid	Female	0	2007-01-16 09:45:00
Removing Conditions on Residency General Discussion	Things to send with I-751???	Hi!!! It's been a while since I've been here... but the time comes again. I have to remove my conditions in a few months and I want to make sure that I have all the things I might need to send. Can any of you guys tell me what kind of things should I send with the petition?? I am assuming this time is not necessary to send the same things as before such as birth certificates and things like that?? Do I have to get biometrics done? If so, before the 90 days? I am confussed again, I hope that someone can give me some advice. Thank you!!!!!!!!!!!!!!!! Lunnah, http://www.visajourn...p;page=751guide	diadromous mermaid	Female	0	2007-01-19 14:10:00
Removing Conditions on Residency General Discussion	I sent I -751, what is next?	If you look at my timeline, you will see how my I-751 has gone so far. I was touched on October 19th (the day after my Biometrics) but haven't been touched or heard anything since. You will get your NOA in the mail about a month after you send in your I-751, which extends your conditional permanent residency for one year, and you are employment authorized and able to travel. I got my Biometrics appointment letter the same day as the NOA. I went to the Biometrics appointment at the Seattle district office, where they took my picture and my fingerprints. So, I am still waiting for the approval. I'd just like to add that the NOA is proof that extends the validity period of the expired GC and should be carried with the expired GC when travelling (unless USCIS asks that you return the expired GC at some point in time) Edited by diadromous mermaid, 22 January 2007 - 01:28 PM.	diadromous mermaid	Female	0	2007-01-22 13:27:00
Removing Conditions on Residency General Discussion	I-751 rejected because of incorrect fee??!!	Marilyn and Peter, It's the lack of any announcement that make the 'new fee' suspicious. Beyond that, there's biometrics and then there's 'biometrics'. The biometrics that is expensive, and so there is a $70 fee for it, is the photo and 10 fingerprints that is transmitted to the FBI for security checks as part of the adjustment process, which also goes into a data storage and retrieval system. Then there's the simple photo and index fingerprint used to make ID cards, such as the EAD and the Green Card, that we also call 'biometrics'. No charge for that, and there shouldn't be. In fact, taking taking the photo and index fingerprint for the cards is not supposed to be necessary. They're supposed to be able to retrieve the information from the biometrics storage and retrieval system that you already paid $70 for. Except that the retrieval part doesn't function yet, so everytime they need to make a new card you need to go to an ASC for a new photo and index fingerprint. Yodrak I am suprised that there is no new announcement about this change to both the instructions and the USCIS website itself. The fact that pictures are no longer required (again in the instructions) seems to support that biometrics will be required. So I would also imagine that we will have to pay for it. This reminds me of the IMBRA mess, bill signed into law with a effective date and somehow it just slipped everyone's mind that some additional requirments would have to be met. Opps, sorry about that. If something similar happened where I worked, the entire responsible orginization would be escorted out the door. Marilyn and Peter. Yodrak, While the distinction between the two may indeed be true, using your analysis, I wonder why the need for the $70.00 'biometrics' fee would be necessary in the renewal or replacement of a lost, stolen or damaged green card? Would youi suggest that this additional fee is a generic request for $70.00 to cover applicants that don't necesarily acquire a GC through the process of adjustment?	diadromous mermaid	Female	0	2006-12-29 15:15:00
Removing Conditions on Residency General Discussion	I-751 rejected because of incorrect fee??!!	All, On the other hand, I saw my first post today where someone seems to think their I-751 was returned for wrong fee having submitted $205. "As a point of interest relating to current discussions on I-751 and the new fee change. Mailed I-751 dec 12th they received it dec14th had sent $205 because that's what the website said. Yesterday it was returned. Blue sheet said basicly it was because of the check but indicated every reason possible. The first paragraph said it "could" be because the fee was wrong, or the number amount did not match the written amount, or it was not signed. The next paragraph said that it was because the check had been changed and we were to either initial the change or send a new check for $205. Since none of the above was true, except for the fact that the amount was not what the current website claimed, I typed a new check for $275 and sent the whole mess back today. Hope that works." I continue to think that $205 is the correct fee, that there is no fee associated with the simple photo and fingerprint appointment that is required to manufacture the card, and that whoever updated the form instructions and web site either jumped the gun on something that is yet to be implemented or is outright wrong. Yodrak Well, for what it's worth, I called the USCIS hotline and the guy says he double checked (oooo, double checked!) and the fee is $205 regardless of what the form says. He also said NOT to send any passport pictures. I'm sending them anyway. My take, pedantic, yes, is that the petition fee is $205.00, and the biometrics fee $70.00. Yodrak, why would you think that the card is processed gratis?	diadromous mermaid	Female	0	2006-12-29 12:40:00
Removing Conditions on Residency General Discussion	Phone call from Homeland Security?	Earlier this week, completely out of the blue, my wife received a call to her home phone from someone claiming to be from the Dept of Homeland Security. They asked if we were still married, where we still living in the same house, if either of us were employed... and that was basically it. It was such an out-of-the-blue thing, plus the fact that if someone calls from the govt then it throws you off, that she can't remember if they gave an ID number or not... when we checked the call history on the phone there was no number there. Not private or blocked - NO NUMBER. So my question is... is this a normal type of thing? Has this ever happened to anyone else? Do I have anything to be worried about? Or is this a new and improved way for bill collectors to check on you before they make a move? Any calls that I've received from AOs have displayed on my caller ID as US DOJ Immigration Service. However, if it was a field investigator, they do have cell phones, so I suppose it is possible that the number may not show. I doubt an ID number would have been offered, anyway. A name, perhaps. All the same, of what consequence is it? It seems that whoever called was satisfied with the replies. As for bill collectors, well, from all I have heard they have no compunction being irrascible so I don't believe they'd have to develop a ruse to do so	diadromous mermaid	Female	0	2007-01-20 08:34:00
Removing Conditions on Residency General Discussion	AR-11 CHANGE OF ADDRESS	If a LPR has her permanent residence in Atlanta, but plans to go to college in Nashville and leases an apartment in Nashville, is the LPR upon moving into the apartment required by law to file an AR-11 showing her move to the temporary address in Nashville? If so, which address does the USCIS consider to be her address of record, the permanent one in Atlanta or the temporary one in Nashville? You do not need to include temporary addresses as long as you maintain your present address as your permanent residence and continue to receive mail there.	diadromous mermaid	Female	0	2007-01-29 20:14:00
Removing Conditions on Residency General Discussion	Joint Bills for Removing Conditions...	Hi Everyone, Good luck on your immigration journey. Thanks for your responses. So far we only have the following bills and/or items in both of our names: 1) A joint bank account 2) Electric Bill 3) House Deed/House Purchase Agreement 4) Home property management company (they do the maintenence work, as we share some main property with other neighbours) 5) Homeowner's Insuarance (they even sent us a very nice letter) 6) Will add Auto Insurance later (when my husband's policy expires soon) 7) Various letters, local memberships, cards, and correspondences in both names 8) Photos of my husband and I together, along with other family members and friends with us Lol...we got no response from: 1) Gas Bill 2) Telephone Bill 3) Cable Bill So, based on this list, do I have enough stuff for now? I also have the records of the cheques that we have sent to pay jointly. And before we got the joint account, we had copies of money orders that we sent together (in case they asked during the AOS interview, which they didn't). Still, I hope I have enough evidence for when the time comes next year, as I'm now starting to gather my paperwork for Removing of Conditions. After all, it's never too early to be prepared! Ant The list is shaping up. but form I-751 should also be accompanied by other evidence which has nothing to do with both names on a bill. I see a couple of glaring omissions, which are tax returns and birth certificates of any children born to the marriage. And for the joint checking account, it's not necessary to send copies of each month's statement. You could send randomly selected statements to represent the timeframe in question.	diadromous mermaid	Female	0	2007-02-22 15:46:00
Removing Conditions on Residency General Discussion	Joint Bills for Removing Conditions...	Hi Everyone, Good luck on your immigration journeys. Anyways, I was wondering if any of you have experienced any problems getting all of the household bills in both joint names (as having joint bills is a requirement as evidence for removing conditions). My husband and I have written to the billing companies about getting both of our names on the bills that we pay with our joint bank account, and only about half of them responded back with the joint names. Is this normal and/or expected? If so, are there any reasons why only half the bills came back jointly named? How can it be overcome? Will only having half of the bills in joint names affect the Removing of Conditions process? Any comments, suggestions, or thoughts appreciated. Thanks. Ant It's been my experience to notice that some companies, and especially utility companies, don't wish to feature both names on billing. Of course, even if this is the case, if you have a joint checking account, which ahs both of your names printed on checks, there's nothing to prevent the alien from signing the check in payment of the bill. As such, even without the cooperation of the company issuing the bill, you can compile a record of both the alien and the US citizen assuming responsibility for its satisfaction or payment! It's another example of getting creative.	diadromous mermaid	Female	0	2007-02-22 09:03:00
Removing Conditions on Residency General Discussion	i-751, husband wife live apart	dear all, my first time here. I am a DVM by training and came to USA to pursue research and thereafter got my Ph.D. I met my wife, a US citizen, in graduate school and we dated for 3 years and got married. She is currently pursuing her advanced degree (combined DMD/Ph.D) in NY. However, I had to come to Ohio to obtain advanced postdoctoral training with one of the most prominent scientists in the world. I already have the conditional green card and we recently filed a joint I-751. Although we live apart, we take vacations together and do all the regular married couple stuff. At the time of my green card interview in 2004, I was already in Ohio and told the officer about my situation and she did not have any problem with our staying apart. What is your take on my case regarding approval of I-751? r there anyone with similar situation and got their i-751 approved and waht r the chances of getting called for interview. my second question is regarding time line of events. i sent my file to NSC and my NOA date is aug 9th 2006. the current processing for NSC is aug 7th. i was wondering if anyone here is as close as myself and whether u guys got any communication from uscis?? Thanks a lot in advance for your help. Don't see an issue if the reason for residing apart is professional and you've noted all of the necessary addresses and any change of addresses, if since your last petition.	diadromous mermaid	Female	0	2007-02-24 17:55:00
Canada	=((((((((( Fiance just found out he has cancer	Forgive me if I am being repetitive. I just don't know where to post this and I am a nervous wreck right now. I don't even know if I'm posting this in the right forum but I need help. He was just diagnosed by his doctor in Canada as having stomach cancer and it is very possible it has already spread. I have been told to talk to my congressman's office and see if they can do anything. I am so scared. What do I do??? How do I approach them? What kind of questions do I ask them? Do I go in and beg them to have compassion on us and let him still come here asap? He hasn't even had his medical exam for the interview. He thought he was going to have plenty of time but scheduling conflicts were happening and then he got really sick. He needs medical care but he can't get insurance here now b/c of pre-existing condition. BUT He has no one in Canada to take care of him. And he doesn't want anyone else to talke care of him but me in the first place. He NEEDS someone to be able to take him back and forth to the doctor appts and be there for and after surgery. Besides that fact, he needs me with him and I need to be able to take care of him. PERIOD. I can't bear the thought of being separated from him while he is so sick. We don't know how bad it is exactly and we don't know how long he has. I can't sleep, I am barely eating. I can't stop crying. I am a nervous wreck and everytime I think about how he is feeling, being there alone and so, so sick I really start falling apart. He is the love of my life and I am the love of his life. We need to be together NOW. Oh please someone tell me what to do! Tell me how I can get help and get him here and get him medical care immediately. He has to have surgery and chemotherapy. That is all I know right now. I have been praying and praying. I can't even talk to the congressman's office until tomorrow!! Stupid holiday today. Please pray for us. Please. Sorry to hear of this, my thoughts are with both of you. While getting the visa is important, perhaps in view of this, and the potential costs of securing insurance coverage for a pre-existing condition, have you thought of joining him until he's on the mend and through the chemotherapy treatment, and then dealing with the visa at that time? Edited by diadromous mermaid, 09 October 2006 - 08:32 AM.	diadromous mermaid	Female	0	2006-10-09 08:31:00
Canada	to tell or not to tell ?	QUOTE (surrender @ Jan 22 2008, 04:38 AM) <{POST_SNAPBACK}> I no longer have this womans email address, i must have deleted it. that is why I have not told her anything. and to be honest I am a little afriad. the man here is telling his family that he doesnt care that she cannot give him chidlren and that he doesn't care about having kids. anyonethat knows the culture knows that is bonkers and maybe he is just lying to himself. he has made mention that he wants to go from canada to america and when they asked abou his wife (soon to be) he said shewould come with him. i doubt that. why would she pick up her home and move with him to america? he must plan on leaving her because he knows some egyptians who live in america now and have a nice life. I feel sick - in one way I want to avoid her and not be part of making her feel like their relation is real or acceptable so I avoid the guilt but ont he other hand ohhhhhhh i just don't know. also he knows how i feel about the situation because i hardly look at or talk to him at all anymore. surrender, Relax. Well if that is the basis for your concerns, then I'd say don't worry about it because it appears to me to be pure conjecture. Now if he had confided in you that he was going to abandon the marriage or her, or if he had confided in someone else that he's lying about not wanting children, then that might be a different case. But you are superimposing your expectations of a relationship on theirs, yet "different strokes for different folks". No?	diadromous mermaid	Female	0	2008-01-22 09:33:00
Canada	to tell or not to tell ?	QUOTE (surrender @ Jan 5 2008, 06:48 AM) <{POST_SNAPBACK}> ok here is the scenario: i know there is an egyptian man that is using a woman for a visa. she is 25 years his senior and he has been romancing her and doing anything to get a marriage. she sent him an invitation for a tourist visa but he was denied from the embassy in cairo. now they are planning to marry in march as she wants to come to egypt to marry him. he will then try to follow her back to canada. my dilemma is this: should I say something? i know he doesn't love her and he is simply using her to leave the country, i know this for a fact (i cant say how i know). is there any way to tell the embassy in cairo to expect the filing for a spousal visa or should i ? also he has made mention that he will go from canada to america and he tells his family she is just an elderly woman who wants to help him get papers to leave and nothing more. i feel bad about this and wonder what you would do. Tell her and let her know how you came to find out his true intentions (so that she can do with the information what she wishes).	diadromous mermaid	Female	0	2008-01-21 20:43:00
Canada	Tri-Citizenship	QUOTE (Delicia @ Feb 14 2008, 11:48 PM) <{POST_SNAPBACK}> How many citizenships can one actually hold? Or, alternatively, one could pose the question.....How many armies does one intend to serve in, in the event of a World crisis?	diadromous mermaid	Female	0	2008-02-15 18:21:00
Canada	Working for my former (Canadian) employer while waiting for AOS	QUOTE (rhymeswithcandi @ Mar 5 2008, 11:46 AM) <{POST_SNAPBACK}> QUOTE (Crikey! @ Mar 5 2008, 11:03 AM) <{POST_SNAPBACK}> The AP instructions specify that the document is applicable for bona fide personal and business reasons. At an Infopass appointment, the officer did not have a problem with me travelling to Canada to work. I also performed contract work from within the US for my former Canadian employer. It is not illegal to do either one of the above. (Despite what some of the raving loonies on here might have you believe.) Haha! "Loonies" Thanks Crikey. You've pretty much confirmed what common sense tells me. I actually did find an old VJ thread with someone asking a similar question who was told that it was absolutely illegal to work on "US soil" regardless of where the employer was. I also found similar topics on other forums... a lot of people were saying it was a problem but I couldn't find anything in the USCIS wording that implied that at all. I'd actually like to work with my Canadian employer as long as I can even after I have a green card (it's pretty much my dream job). I'd prefer that over pounding the pavement and looking for something comparable. The old VJ thread is correct. If an alien does not have an EAD, any work, while in the USA, for any company whereever the company is located globally is not authorized. That said, however, you stated that you would not be working while on "US soil", so you are comparing apples and oranges.	diadromous mermaid	Female	0	2008-03-05 11:57:00
Removing Conditions on Residency General Discussion	LIFTING CONDITIONS..LIMITED INFO	HI everyone..been here in the US 1 year now..hello to all the ones who I went through all of this with .and good luck to all the newbies. My question is..My husband and I try and keep alot of stuff seperately...because of his ex wife. We file taxes jointly..have plenty of pics together..greeting cards from family and friends..will have plenty of letters..prooof also of car insur,. together. a couple of bills in both of our names. ..Will this be enough info you think??? thanks sleepless in vanc... ps Pixie Gunn if youre out there send me a note!!! From the sounds of things, it just looks like banking is kept separate, is that correct? Co-mingling is not limited to finances. Pledging inheritances, policies named as respective beneficiaries is also mingling Edited by diadromous mermaid, 06 February 2006 - 01:29 PM.	diadromous mermaid	Female	0	2006-02-06 13:27:00
Removing Conditions on Residency General Discussion	no money for form.... help	Eagle-eye Betcha didn't know that was my nickname as a young'un. Found my mom's contact lens at the bottom of the swiming pool, I did. I should've put that in the 'what you don't know about me' thread, huh? Ha! Yes, but how long did it take you? Now, I could spend literally hours underwater and do. That's why they say I'm all wet True. I still depend on the size of the tank for how long I can stay under. I swear that the DAH is part MerMan though. He's an excellent breath hold diver. There's an easy way to tell. The difference between a MerMaid and a MerMan is that the Mermaid has ten digits and the MerMan has an extra one.	diadromous mermaid	Female	0	2006-02-06 17:24:00