Forum	Title	Content	Member	Sex	Country	Date/Time
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
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	diadromous mermaid	Female	0	2006-02-06 17:12:00
Removing Conditions on Residency General Discussion	no money for form.... help	she will have been married 2 years in Feb. Is she certain about the date she must file the I-751? Your post leaves me with some doubt. Eagle-eye	diadromous mermaid	Female	0	2006-02-06 16:46:00
Removing Conditions on Residency General Discussion	no money for form.... help	There is a fee waiver programme, but in a marriage case I'm not sure how well that would go over.	diadromous mermaid	Female	0	2006-02-02 16:11:00
Removing Conditions on Residency General Discussion	I-551 but studying abroad?	You did not read my earlier post. All you have to do is write and withdraw your application, no reasons, no justifications, no reason for it to be justified, nothing. So while a petitioner can only submit an AOS application, based on having a valid reason or justification for doing so; "I am requesting that your Agency consider my petition to adjust my alien spouse's status in the US, since we're now married. Thank you." The same petitioner can also request its withdrawal, based on nothing; "I am requesting that your Agency withdraw my petition to adjust my alien spouse's status in the US. Thank you." Dmartmar, I don't understand the reason for the mental gymnastics! Simply put, a USC can request withdrawal of a petition not yet adjudicated. Period. In the case of an AOS submission, if not yet adjudicated, even though the application is deemed the alien's, its successful approval rests on the validity of the marriage to a USC. In the event that a USC requests it to be withdrawn that implies the marriage is not going forward. Ergo, no basis for the adjustment. Further, given the Affidavit of Support is the USC's commitment and the application still remains unapproved, withdrawing it seals the fate of the AOS submission. In the case of a petition or application that has already been adjudicated, then the process of withdrawal requires a little more because rather than the process being halted or aborted in stride, it now requires the rescission of a decision. In that event, a USC would have to give valid reason and evidence to support that the approval already offered was done so on the basis of false information that was a material fact in its approval. Capisce? Edited by diadromous mermaid, 19 February 2006 - 12:31 PM.	diadromous mermaid	Female	0	2006-02-19 12:30:00
Removing Conditions on Residency General Discussion	I-551 but studying abroad?	On the other hand, she might've left b/c she wasn't able to acquire the GC so; why stay? Didn't you one time post (if I remember correctly), that in order for a USC to be successful having the I-130 (petition for alien/immigrant form) withdrawn by the Agency, not only would he/she have to allege marriage fraud as the basis for the request, but would also have to back it up with plenty of credible evidence in order to be able to substantiate the allegation, which eventually would or could lead to the withdrawal? Please correct me if I'm wrong. I'm open to learning new things every day. It's all speculation, of course, but why would an alien perpetrating fraud elect to leave when the misrepresentation had taken her so far? Yes, after an alien receives CPR then to request that an I-864 be withdrawn there would need to be an allegation of fraud. In essence, in order to withdraw the Affidavit, the Service would have to revisit the approval of the petition, examine it with new information provided to suggest it was gained fraudulently. In the case you are speaking of, the applicant had not had the adjustment application approved. A USC can request that a petition be withdrawn prior to its adjudication, and in marriage-based cases, although the applicant is the alien, the sponsor is the USC and also party to the alien's application since it is the marriage to a USC that confers the immigration entitlement, if the marriage is invalid or terminated there would be no basis for adjustment. Without a sponsor the beneficiary would only be denied. There is an exception and that is if the alien prior to AOS adjudication or even prior to AOS submission petitions the Service under VAWA. The purpose for AOS interviews was to examine that the marriage is bona fide and sustaining. If the USC is no longer going forward with the marriage, chances are the AOS would not pass the litmus test, anyway, with the exception, of course of the VAWA mentioned above.	diadromous mermaid	Female	0	2006-02-18 21:11:00
Removing Conditions on Residency General Discussion	I-551 but studying abroad?	What I personally believe is not relevant, the circumstances you describe do not in itself hack it. The facts suggests an acrimonious marriage, a sunsequent break up, and her departure. Now if you had a statement from her that she only married you for immigration benefit or perhaps a failaed VAWA application, that might help. Many of the issues that you mention are prevelant in break ups where there is no immigration involvement. The most telling arguement in her favour is that she upped and left. I am sure there will be others who will add their tenpenneth, I just do not see it. I tend to agree. I sense that dmartmar, being a USC, reads the situation a little differently, but to an outsider for an allegation of fraud to stick I'd think that there'd have to be some proof of the common elements of fraud: (1) There was a representation (2) That was false (3) and the perpetrator knew it to be false (4) with the intent to induce the other person to act in reliance on the fact (5) and the victim suffered damages as a result There was a commitment by his wife to marry (1) that dmartmar claims was not really for the right purpose *but can he prove it?* His wife did not marry for the purpose of love(2) *Difficult for dmartmar to prove without evidence* The wife knew she was not going to remain married longer than was necessary to achieve her ends (3) *her leaving before GC was acquired blows this one* She played the love card with him and he fell for it (4) *this may indeed be true* Her husband suffered damages as a result (5) *not really any damages since she has left the country* My feeling is that if fraud were the objective, she would never have left until the GC was acquired. By the way, what do you mean by this? By applying for the "bona fide" marriage waiver by him/herself alone during the AOS interview, if divorce took place during the processing period leading up to a scheduled AOS interview. In this case, there is no need for the USC to be present, nor assist the beneficiary, since they're already divorced anyway and as such, the immigrant is left to his/her own devices trying to obtain the GC	diadromous mermaid	Female	0	2006-02-18 18:59:00
Removing Conditions on Residency General Discussion	I-751 and tax returns	Oh.. i was told that I didnt have to file as i had not been working? Is there anything i can do about this now? thanks Jelly Presumably your spouse had income that year, regardless of your lack of employment authorisation? USCIS is looking to see that any tax returns are filed as married (joint or separate). The 2004 tax return that your spouse submitted to IRS should show the marital status.	diadromous mermaid	Female	0	2006-01-31 12:43:00
Removing Conditions on Residency General Discussion	Weird Question ....	In your first sentence, you said they applied to lift conditions. Then you say she got a letter stating to study for her citizenship test. So is she applying to lift conditions, or is she already a permanent resident? The answer may lie in your response as the factoid you posted applies to legal permanent residents, not conditional permanent residents. To clarify (not for the last time, I'm sure! ) : A Permanent Resident with conditions is STILL a Permanent Resident. I don't have our old NOA in front of me, but USCIS does strongly encourage all PRs to become citizens, so that 'start studying now' langugage could just be encouragement. The letter the OP mentions could be the NOA that every I-751 filer gets, extending the validity of their status for one year. I-751s may take up to 18 months or more to adjudicate, but the PR may apply for US citizenship on schedule even if they do not yet have a decision on the I-751. The quoted factoid applies equally to PRs with conditions as to those without. http://uscis.gov/gra...doi/PermRes.htm Now That You Are A Permanent Resident Some of you may be CONDITIONAL RESIDENTS. This page applies equally to you while you are in conditional resident status. The difference between you and an unconditioned permanent resident is that your permanent resident status will expire in two years from when it was given, unless you successfully petition to have the condition removed. Those of you with conditional permanent residence either received your residence through a marriage relationship where the marriage was less than two years old at the time you became a Permanent Resident, (more) --------- The OP's sister should really meet with an immigration attoney familiar with 'abandonment' to make plans ahead of time. Her situation is less obvious because she will not be going with him, but I could see a case being made for her specifics, too. Worth checking out before everyone leaves town. Isn't there an expedited Naturalisation provision for spouses of those in the military?	diadromous mermaid	Female	0	2006-03-06 17:48:00
Removing Conditions on Residency General Discussion	how long	Thank you very much... If I understood well, I just need to wait to receive the NOA to get back here... Is it possible to send the application before 90 days... exemple, our GCs expire on Aug 16th, 2006 so I normally should ti send application on May 16th... If it possible to send in April or May 1st? Thanks a lot for your answers Unfotunately, "no can do" on filing early. If it is submitted prior to 90 days, the petition will be returned.	diadromous mermaid	Female	0	2006-03-07 16:44:00
Removing Conditions on Residency General Discussion	got 1 year extension	meauxna, (sorry if I mispelled your name the first time) I will definitely do as you say. At least this will be a good reading material while my I-751 request is being processed. My hope is that we won't be required to come in for a personal interview since my wife is abroad right now pursuing her graduate studies. BTW, on a side note, will this affect our application in anyway? I mean, my wife (the USC) being in another country and all? I surely hope not If you were scheduled for an interview while your wife is overseas, you should contct the local office as there'd be little point in conducting it in her absence.	diadromous mermaid	Female	0	2006-03-22 12:07:00
Removing Conditions on Residency General Discussion	Is lifting conditions just a formality?	I think you still need to prove that you are in a valid relationship. They will interview you again! Actually, if a joint I-751 is filed, this technically *could* be somewhat true. Parties that file jointly, would need to still be together at adjudication time, otherwise other procedures come into play. Other than that, should an interview be called, an alien, whether still married or not, would only have to prove that they *were* in a valid relationship at the point of marriage. (In the case of a divorced alien, the I-751 that would be subject to adjudication would be a waiver of the normal joint filed I-751.)	diadromous mermaid	Female	0	2006-03-22 12:18:00
Removing Conditions on Residency General Discussion	Timeframe to file I751 if married 2+ years before AOS?	That would depend if your status is CR-1 or IR-1. However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue. The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1. zyggy, Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment. OP: how long is your wife's Green Card valid for? Did you read the pinned post at the top of this forum? How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years. Thanks for the replies, here is a rough timeline... 12/31/02 married in US 07/03 AOS interview 10/03 AOS followup interview 01/12/05 Green card issued, expires 01/12/07 Now... waiting to file I751 I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip? Thank you. The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated). If the GC expires 1/12/07 Then the resident since must be 1/12/05, right? Yes, but is issue date and approval date the same? Yes, the approval date is 1/12/05, thanks. I-751 can be submitted 90 days prior to the expiry date on the conditional green card. In your case, 90 dyas prior to Jan 12, 2007.	diadromous mermaid	Female	0	2006-03-23 15:53:00
Removing Conditions on Residency General Discussion	Timeframe to file I751 if married 2+ years before AOS?	That would depend if your status is CR-1 or IR-1. However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue. The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1. zyggy, Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment. OP: how long is your wife's Green Card valid for? Did you read the pinned post at the top of this forum? How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years. Thanks for the replies, here is a rough timeline... 12/31/02 married in US 07/03 AOS interview 10/03 AOS followup interview 01/12/05 Green card issued, expires 01/12/07 Now... waiting to file I751 I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip? Thank you. The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated). If the GC expires 1/12/07 Then the resident since must be 1/12/05, right? Yes, but is issue date and approval date the same?	diadromous mermaid	Female	0	2006-03-23 10:15:00
Removing Conditions on Residency General Discussion	Timeframe to file I751 if married 2+ years before AOS?	That would depend if your status is CR-1 or IR-1. However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue. The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1. zyggy, Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment. OP: how long is your wife's Green Card valid for? Did you read the pinned post at the top of this forum? How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years. Thanks for the replies, here is a rough timeline... 12/31/02 married in US 07/03 AOS interview 10/03 AOS followup interview 01/12/05 Green card issued, expires 01/12/07 Now... waiting to file I751 I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip? Thank you. The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated).	diadromous mermaid	Female	0	2006-03-22 21:53:00
Removing Conditions on Residency General Discussion	lawsuit? LOC?	when my husband came to the US, he didn't give notie to the landlord in canada that he was leaving (the apartment). so, he has recieved a letter from the lawyer representing his former landlord that they might start a lawsuit against him to recover 2 months of rent in absence of the notice. will this affect his LOC? specifically on form I-751 part 3 (7)? is this question (I-751 part 3 (7)) specifically related to the USA, or canada as well? thanks nijusjaanu, Form I-751, Part 3, question 7 asks, "Since becoming a conditional resident, have you ever been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or commited any crime for which you were not arrested?" "Charged, cited, convicted, fined... pertain to criminal charges, not civil claims. A dispuite with a landlord is a civil action, and does not fall under the penal code.	diadromous mermaid	Female	0	2006-03-22 12:29:00
Removing Conditions on Residency General Discussion	Lifting of Conditions Question	Ok..I just read.again..the section 7 of the FAQs. We're still more than a year from filing to lift conditions, but I still have a question: Does this mean that even if we file on the first day we are eligible, that there is a good chance Craig won't be able to work again?? That if he gets established in a job, he will then have to quit?? I read where it says you get a stamp from the local office....and it's good for one year for work (travel as well?) but it says after approval of this petition to lift conditions. Are they *normally* approved within the 90 day time frame? If not, like most other things USCIS related, that's pretty messed up!!! Thanks...M. Section 7 of the FAQ is fairly comprehensive, but the wording could be improved. I can see that your confusion arose from this passage: "When your two-year green card expires you no longer have status as a permanent resident, you are not authorized to work, and technically, you are deportable. You must allow yourself and the USCIS (INS) the maximum amount of time to get the petition approved." I'd recommend it should be corrected to state: If you allow your two-year conditional green card to expire before submitting the I-751 petition to request removal of the "conditions" on your residency and receiving written notification of its receipt from USCIS, you will fall out of status, will lose authorization to work and will be subject to removal. Submitting the I-751 90 days prior to the expiry date on your conditional green card (and not earlier) gives USCIS sufficient time to process your submission and issue a NOA extending your current expired card and your employment authorization for an additional year, while your petition to remove conditions is pending adjudication. Edited by diadromous mermaid, 29 April 2006 - 02:48 PM.	diadromous mermaid	Female	0	2006-04-29 14:46:00
Removing Conditions on Residency General Discussion	removing conditions	we have to mail the condition removal on june 2nd and we're under a lot of stress- not because of INS but because of the fact that we have to move earlier than planned- after the recent rains awe realised that the house we rent has a mold issue .The landlord is letting us of the lease but- 1.we have two children under two and @2 we want to buy a house and have to do that asap now, so we have so much other paperwork to consider that i can't keep my mind focused on condition removale so please HELP ! I need -the 751 form -the intention letter -2 affadavits (or is that 3?) -common lease, bank statements, insurance and so on... -copies of our children's birth certificates -some family photos and letters(like christmas cards , baby birth congrats and so on...) -copies of my and my older son's GC - copies of passports - type pictures-i guess now they changed the type. is that correct? anamari & gang You need -the 751 form, yes and the fees -the intention letter - what intention letter is this? -2 affadavits (or is that 3?) these are optional -common lease, bank statements, insurance and so on... the so on is important - TAX returns are important showing married and anything else that shows joint financial obligations such as bills, credit card accounts etc -copies of our children's birth certificates - yes -some family photos and letters(like christmas cards , baby birth congrats and so on...) something that shows you mingle your social lives, although with 2 children I doubt that will be difficult to show -copies of my and my older son's GC - copies of passports - type pictures-i guess now they changed the type. right AND as additional evidence you could send insurance policies showing that you are each other's beneficairy titles to autos in both names... OH and.. Mail the packet with return receipt	diadromous mermaid	Female	0	2006-05-27 17:22:00
Removing Conditions on Residency General Discussion	Address	Apparently If I don't inform USCIS of a change of address I could be charged with a misdemenor..?? I have moved twice since recieving 2yr green card and have unfortunately only informed USCIS once.. would this be a cause of concern?.. Did you report the most recent move, or a prior move?	diadromous mermaid	Female	0	2006-05-21 16:50:00
Removing Conditions on Residency General Discussion	Do the 2 yrs spent as CONDITIONAL Permanent Resident count when applying for citizenship?	Hello everybody, It's been a while since I last dealt with USCIS (thankfully!). We got married in 2004, I obtained my conditional green card in 2005 and am due to apply for removal of conditions at the end of this year. I just read in this forum that USC spouses can apply for naturalization after having spent only 3 (as opposed to 5) years as permanent residents. So this got me thinking - do the 2 years in conditional residence count in this period? Because if they don't, that would equate the total time in waiting to become eligible for naturalization to 5 years for some couples. Your thoughts would be much appreciated! BostonChick Yes, the conditional residency counts. And as long as married to a US citizen for 3 years and alien meets the other presence tests.	diadromous mermaid	Female	0	2006-05-30 12:07:00
Removing Conditions on Residency General Discussion	Getting Interviewed for Immigrant Visa and has History of Fraud...	what are the consequences of my parents, getting approved or denied, who is on their way for the immigrant visa interview that has a history of misrepresantation of bank accounts when we (including me) are applying for a tourist visa back in 1993? i'm a US citizen now, i migrated through my wife back in 1995. filed the petition for my parents last oct. 05, and now they have the DS-230 I and II, on question 30.f. stating "...who seeks or has sought a visa, entry into the united states, or any immigration benefit by fraud or misrepresentation...", this is to be answered 'YES' or 'NO'. any opinions? please help, these are my parents long awaited dream. thanks in advance...... I concur with the suggestion to get some competent immigration advice.	diadromous mermaid	Female	0	2006-06-09 20:12:00
Removing Conditions on Residency General Discussion	How to prove relationship...	Perhaps a mock-up lease agreement with the inlaws that your living rent free couldn't hurt. Does she have a voters' card with the address on it; letters from your family outside the country addressed to you there; state tax returns too (even if showing zero income); who is paying your tuition? Do you get any sort of mail related to that at this address? Do you have driver's licenses that show the inlaws addresses?	diadromous mermaid	Female	0	2006-06-30 21:52:00
Removing Conditions on Residency General Discussion	To obtain Permanent Residence/GC 2	Hi guys, What if your conditional Green Card hasn't been approved yet, but then the marriage is over 2 years. What should I do? Am I able to proceed the removal of conditional Green Card? Does it use I-751 form? Thank you, -Cherry Girona has already given you an accurate answer, but I wanted to address your question, logically. If an alien hasn't had approval on an application for permanent residency, how could he/she remove "conditions" that haven't yet been imposed?	diadromous mermaid	Female	0	2006-07-06 17:53:00
Removing Conditions on Residency General Discussion	Filing I-751 - concern from AOS?	I sure am glad I'm not a USC too Thanks for your help and clarification. It actually did help even though you had to be pedantic to do so Always glad to oblige a fellow Uker	diadromous mermaid	Female	0	2006-07-11 19:20:00
Removing Conditions on Residency General Discussion	Filing I-751 - concern from AOS?	By the way, the Affidavits play the big role in the I-751 process I suggest to you to prepare the new Affidavits again,its very important. Sincerely. hi Sweetigirl, That is an opinion that not everyone shares. The affidavits from people who know you is not a requirement and some lawyers feel they're not needed. We did not send any affidavits with our I-751. On the I-751 instructions, it asks for at least two people who have known the couple to provide affidavits. I don't wish to appear pedantic, but I wonder why it is that people, USCs in particular, have a difficulty readin plain English. The I-751 instructions are very clear. Affidavits are NOT required, but are simply examples of evidence that you CAN enclose to establish that the marriage is bona fide. Also, the documentation to support the bona fides of the relationship should be from the date of marriage up to the date of application (I-751) See, from the I-751 instructions... "....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 the period from the date of your marriage to the filing of this petition[b]Examples of such documents are:" and, "Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge ofyour marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth;relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above." Edited by diadromous mermaid, 11 July 2006 - 03:10 PM.	diadromous mermaid	Female	0	2006-07-11 15:09:00
Removing Conditions on Residency General Discussion	I-751 apartment lease question	We are still a long time off from filing to remove conditions, but I have a question about our apartment lease. Our situation is we have a lease that was effective from October 2004 to October 2005, and in that lease it syas after the year is up it goes month to month. The reason for this is the complex is going to eventually be torn down to build condos. Anyways, I print out a copy of our cancelled rent checks each month showing the name of the complex and the month of rent paid. Would this suffice to show USCIS that we do indeed live together? I would consider asking the complex to write a letter, but they are not very cooperative at times. I know we need to send other proof of joint a joint life, and that's no problem but I figure the lease is a biggie. Thanks. If you have joint banking privileges, how about you consider alternating each month for paying the rent/signing the cheques, as well.	diadromous mermaid	Female	0	2006-07-12 13:06:00
Removing Conditions on Residency General Discussion	Remove conditions in January 2007	I have to file for removing condition in January 2007. However I have plans to go to my home country in September for a month!! My question is I will still be able to file for removing condition if I am out of US for a month??? Is there a period of time I have to be in US before filing 751? Thanks heartbeat No, in fact, I-751s can be filed by aliens that are overseas temporarily.	diadromous mermaid	Female	0	2006-07-22 18:33:00
Removing Conditions on Residency General Discussion	Change of Address	if we had a change of address should my wife send the form I-864? (she is the U.S. citizen) and we already sent the AR-11 Yes. The alien files an AR-11 within 10 days. The sponsor sends an I-865 within 30 days.	diadromous mermaid	Female	0	2006-07-26 21:43:00
Removing Conditions on Residency General Discussion	IMBRA and Petition to Remove Conditions	We just received a letter from Nebraska Service Center in response to our I-751 Petition to Remove the Conditions of Residence. We sent the Petition to Nebraska Service Center on time and of course it took 3 months to get a response letter. The letter stated they would extend my wife's Conditional Visa an additional year because there is an 8-month delay in processing cases to remove the conditions. Is the IMBRA stuff delaying everyone or just those in process of I-129F petitions? This is crazy! Actually, as frustrating as it may appear, 12 months to process is within the normal guidelines.	diadromous mermaid	Female	0	2006-07-28 11:16:00
Removing Conditions on Residency General Discussion	GC/Divorce/Back together.	He said pretty much what you said and laughed. But I do not want to re-marry him yet I want to make sure that all is well first for the long term. Do you think they will let me self petition or refuse it.? You will be required to self-petition (or, in layman's terms, file the waiver) as the marriage through which you adjusted status has been terminated. The fact that you reconciled and re-marry does not alter the process determined by the termination of your marriage prior to the permanent green card being awarded. Edited by diadromous mermaid, 31 July 2006 - 01:54 PM.	diadromous mermaid	Female	0	2006-07-31 13:51:00
Removing Conditions on Residency General Discussion	GC/Divorce/Back together.	I have a lawyer who has told me that I should have no problems but it would be nice to hear from anyone else who had been threw this situation. My buddy is letting me use his log in name as I was asking about this situation and he said to post on visa journey, as he sorted his situation out. I have a CGC and am divorced I am going to remove the conditions self petition BUT have reconciled with my hubby and we are living together as man and wife again. Anyone ever heard of this happening please Yes, it has happened before. What did your attorney advise? One thing's certain, you should have no problem getting new hubby/old hubby to vouch for the first/second marriage as corroboration for the waiver	diadromous mermaid	Female	0	2006-07-31 13:26:00
Removing Conditions on Residency General Discussion	A lil update	But I didnt think they could gimme that sort of info, according to all other reports the I-751 is untrackable, and no information about it available. While its true that the beneficiary has no means to track the progress of an I-751 in Case Status Online, the Service does keep track of the file and receipt information.	diadromous mermaid	Female	0	2006-07-21 22:15:00
Removing Conditions on Residency General Discussion	I-751 question	My attorney is working on all my paperworks, I mean my I-751. I have all the evidences of my previous marriage ranging from joint ITR, Military dependent, health and life insurance (beneficiary), photos, bills, cards,joint bank accounts, affidavits from her & families & friends etc..I'm optimistic (fingers crossed) that I'll get approved but just in case, the wedding will still push through (if possible) & "I'll cross the bridge when I get there". I don't believe that remarrying while an I-751 waiver is pending should pose a problem. The issue arises when a beneficiary remarries after a denial and while in removal proceedings.	diadromous mermaid	Female	0	2006-08-03 21:01:00
Removing Conditions on Residency General Discussion	I-751 case (New to forum)	Hi all: I am new to this forum and I see great information is provided as well. I applied for the green card on May 2004 and was approved at the interview for Conditional Green card on July 2004. Now I sent my I-751 package on May 2006 and few days later i received the extension for 1 year. I just want to know how long should i expect for them to answer? I run to the mail every day, it's so frustrating. I know there are some dates but they are not quite accurate since some people receive the approval before than those dates posted at the USCIS website. Please any comments will help me to feel better. Regards I wasn't aware that I-751 dates of processing are published on the USCIS web site. In your NOA, there was probably a notation to contact the local district office if you haven't heard from them within 8 (?) months. That's the only guideline I can recommend... Save your energy for something more pleasurable, and relax.	diadromous mermaid	Female	0	2006-08-02 11:05:00
Removing Conditions on Residency General Discussion	What if we don't have joint bank accounts?	Hi, I am about to file the I-751 (I have until end of October) but I am a little worried about my situation. When I met my now husband, he already had a house and all the bills were on his name. When we got married, I just moved in and never cared about adding my names to everything. I didn't have a job and he was paying all the bills anyway. Now I work and I pay all the bills except that they are still in his name. We don't have joint bank accounts, is it going to be a problem? and if so, do you think we should have one just for filing the petition? The only things we have are: - proof that I used to be on his health insurance policy - proof that he's now on mine - proof that we are both on the same car insurance (in both names) - tax returns 2004 & 2005 in both names, filed jointly - proof that I am the beneficiary of his will - proof that I am the beneficiary of this savings account - proof that he's the beneficiary of my 401k Is this going to be enough?? It's funny because it's only now that I realized that my name isn't on any bill and even the credit card is in his name (I am just an authorized user) even though now I pay all the bills... But we never felt that we needed to change all that for what purpose? Now I know, should have dont it for the USCIS! Am I going to be ok?? Many couples choose not to have joint bank accounts, it's just one manner in which to prove a sharing of finances. In your list of evidences I see joint tax returns and that you are named beneficiary of his estate. No one can say with any certainty what the AO will decide of your evidence, naturally, but I'd say those are two principle demonstrative documents. You could provide copies of the bills and a couple of the checks written to show that you share liabilities (you pay utility bills in his name), if you feel it would give you a little more comfort. You could also add affidavits and photos & itineraries of trips you've taken together, or a copy of a lease or mortgage of the residence you share etc...	diadromous mermaid	Female	0	2006-08-09 19:53:00
Removing Conditions on Residency General Discussion	Conditional Green Card expired	Hi there, I hope you guys could help me with this issue, My best friend just discovered that her conditional green card has expired a few days ago and she didn't know, they applied for the removal right away, but she's soooo concerned because she has to leave in a month to attend her brother's wedding overseas, and she doesn't know what to do!!! Would the INS give her an advance parole or something that she could use to reenter the US??? Thanks in advance for your help guys... HI! Yes,she should defenetely write a good explanation letter to INS and not just her ,her husband should write it too as soon as possible and mail it via Express mail, so you can track it online. She shouldn't leave the country under no circumstances or she wont be able to come back. The INS is not gonna issue an advance parole. She should wait for a 1 year extention letter and plus go to the INFOPASS appointment and get a 1 year stamp in her passport. Even then ,if i were her i wouldnt leave the country anyways until she gets the 10 year Card. Just my advice. Best wishes. Sincerely. Agreed. It will be up to the discretion of USCIS if the untimely submission of the I-751 will be accepted. A matter of a few days might be overlooked, but she should be aware that the regulations do state that an immigrant can lose PR if grounds are not given for the delay. Nonetheless, once the I-751 has been noticed and an NOA issued extending the PR while adjudication fo the I-751 is pending, there'd be no reason for her to worry about travel out of the country.	diadromous mermaid	Female	0	2006-08-18 18:59:00
Removing Conditions on Residency General Discussion	within 90 days of anniversary ?	TSC, Re-read your own post. Compare the words that you quoted from "the form" with the words in your items (1) and (2). Do you notice that the words on the form bear a striking similarity to one of your items but not the other? Yodrak Tsk, tsk..but very true!	diadromous mermaid	Female	0	2006-08-18 21:13:00
Removing Conditions on Residency General Discussion	Any possible impact filing unemployment claim?	No, it won't affect the I-751 because Employers pay into the Unemployment Fund, not the govt. However, as it has been hinted at, I'm not sure she is going to be able to even qualify for UI. It varies in every state but in mine, they look at the last 4 quarters of work to determine how much a person receives a week in UI. But I'm not certain of how long a person has to actually be on a job, or how long of a work history they must have before they can even qualify for anything. Let her go ahead and file though. My guess, they will give her something, but don't expect the weekly max. If she's working in Arizona, as the OP's profile implies, here's a quote from the Arizona Unemployment Benefits website, http://www.azdes.gov...s/clmt.asp#elig Wage Statement. When you file your claim you will be issued a Wage Statement which will list the wages reported by your employer(s) during the Base Period of your claim. The Wage Statement will also show the weekly and total amount of benefits you may receive if you meet all eligibility requirements during your benefit year. Your benefit year is the one-year period beginning with the Sunday of the week in which you filed your first claim for benefits. Base Period. Your monetary eligibility for unemployment insurance is based on insured wages paid to you during a one-year period called the base period. In most instances the base period will be the first four of the last five completed calendar quarters prior to the date you first applied for unemployment insurance. The calendar year is divided into four calendar quarters: 1st quarter is January 1--March 31 2nd quarter is April 1--June 30 3rd quarter is July 1--September 30 4th quarter is October 1--December 31 Your benefit rights are based on your earnings in the four shaded calendar quarters. Earnings prior to this 12-month period cannot be considered in computing the amount of unemployment insurance to which you may be entitled. Also, your earnings in the 5th quarter, which is the lag quarter, and the quarter you file your claim cannot be considered in computing your claim for unemployment insurance. To qualify for benefits, you must have been paid wages in insured employment of: At least $1500.00 in one of the four quarters of the base period and your total base period wages must be at least 1-1/2 times your high quarter, or At least $7000.00 in total wages in at least two quarters of the base period, with wages in one quarter equal to $5987.50 or more.	diadromous mermaid	Female	0	2006-08-19 08:43:00
Removing Conditions on Residency General Discussion	Any possible impact filing unemployment claim?	Does she qualify? IIRC, she has to have worked four quarters not counting the current one or the one just before it (or at least, that's what New Jersey calculates your unemployment salary based on--80% of your salary for four quarters not counting the current one or the one before--for example, I got laid off in January 2002, and they calculated it based on my salary from October 1, 2000 through September 30, 2001). Was she working by April 1, 2005? If my math is right, the applicable quarters would be 2nd quarter 2005 through 1st quarter 2006 (April 1, 2005 through March 31, 2006). My understanding is that one has to be employed for a certain period of time before one has accrued any insurance coverage with an employer. That said, UI does request wage information for 5 calendar quarters prior to the application for benefits.	diadromous mermaid	Female	0	2006-08-18 21:27:00
Removing Conditions on Residency General Discussion	the I-751 filing dates, 90 days period	This one has red flags all over it. Why do people feel the need to use this expression? There are no immigration red flags that I can see, of course, that doesn't mean that there might not be cause to look into a spouse's activity and determine if there are underlying activities that might be cause for concern in the marriage. Not only should you stop worrying about this individual's Permanent Green Card, you should divorce him immediately. The OP IS the Alien, the OP's husband is the US citizen! And suggesting divorce before identifying the cause of the problem is hasty and unfounded, in my opinion. He shows absolutely no respect for you, and gets you involved in a fraudualent situation without an apparent care. (And here you are on this board worrying about him.) I encourage you to check your credit report. He may have gotten credit cards that you don't know about. Not likely. The OP said she added him to hers, because of his lacklustre credit. He may have been a "fine person" at one time, but in my life experience, fine people don't steal $3000, show a total disrespect and disregard for the process, and involve their spouse in criminal activities. (yes, you are responsible for that account because your name is on it too) And the thing is, you can't take your name off of that account until it gets out of the negative. If he does get arrested, my guess is that he can kiss his Green Card good-bye because one of the questions they ask on it is "have you been arrested?". He can always lie though, which he appears to not have an issue with. He is not the immigrant, once again, and admitting that one has been arrested does not automatically result in a revocation of a green card. = Edited by diadromous mermaid, 19 August 2006 - 08:35 AM.	diadromous mermaid	Female	0	2006-08-19 08:33:00