ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant

And again I ask how is this different than people with children?


I'm not talking about people with older children. That's not the issue here.
But, that issue also highlights the unreasonableness of the American family-
based immigration process. Why does it take months and months to come
to America when I could've brought my USC fiancee to the British consulate
and obtained a visa for her in an afternoon?

Being together for pregnancy is not a NEED it is a want.


Look, I think you're being a little unfair. There is a real need that both
partners should be together in order to establish a supporting environment
for the mum and baby when it arrives. Newborn babies need much more
care and attention than older children, and post-natal mums need the
immediate care and support (financially and otherwise) of their partners.
Yes, this isn't a life or death situation, but there is still a strong moral
obligation on the USCIS to expedite petitions for pregnant couples as
the well-being of mum and baby is strongly tied in with dad being present.

Regardless, I think we can all agree that the current American family
visa process is a monstrosity that needs severely reviewed.
elwintroMaleUnited Kingdom2006-05-18 16:13:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant

I know you were well intentioned, elwintro, but I agree with Brother Dean on this one....


Yes, certainly, he has a valid point. But I still don't think the OP should
just sit back and do nothing. The USCIS and local consulates are morally
obliged to pay special attention to pregnant fiancees because their cases
are no longer about the desire of two people to be together, but are about
a real need for them to be together. Whether or not this obligation
is realised by the authorities at any level is another question, but, as my
mum always used to say, "If you need to go, speak up!" :)
elwintroMaleUnited Kingdom2006-05-18 14:56:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant
What really apalls me is not so much that people spout more opinion
than fact on this issue, but it is those despicable individuals that crawl
out of the woodwork to criticise and belittle people like me and my
fiancee who have gotten pregnant during the K1 process and are
looking for ways to speed things up.

Comments about cutting the queue, and pregnancy being a choice that
could've been prevented, are utterly crass, unsympathetic, and inhuman.
I'm surprised that nobody here has actually shown their true colours and
recommended the possibility of abortion given the anti-family, anti-children
sentiment some have expressed.

The bottom line is that it is fundamentally wrong and unjust NOT
to expedite K1 petitions for pregnant couples. They do deserve "special
treatment" because a child is no small matter, and it is for the greatest
good of the baby that the USCIS ought to see to it that the parents are
brought together ASAP.

I cannot condemn enough the insidious cretins on this board who insist
that pregnant couples deserve no special treatment. It is discrimination,
intolerence, and selfishness of the highest order. Yes, the visa journey
is long and hard as it is, but pregnant couples have a real and present
need to be together - they don't just have to deal with the heartache
of separation anymore. To say they should remain in the same boat
as everyone else is just plain wrong, and you people should be ashamed
of yourselves.
elwintroMaleUnited Kingdom2006-05-18 14:47:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant

Hmm a little condescending don't you think?


Yes. Absolutely. On this particular issue, I've found the opinions on
VisaJourney to be terribly ill-informed. I believed all the nonsense that was
written here saying that pregnancy is not a valid reason for expediting a
case, nonsense that was based on opinion, not fact. Having gone and found
out the facts myself, I think it is my duty (and any right thinking person's
duty) to criticise, in the harshest possible terms, the voicing of incorrect
opinion over fact, especially on issues like this because many peoples'
lives will be affected in the most profound manner.

PS I would trust the "masses on VJ" over one person.


Well, more the fool you. The fact of the matter is that my fiancee and I have
been through this, we've spoken to people, and gotten results. What have you
done? Are your suggestions based on any personal experience, or are you
making a best guess based on what you've read on VisaJourney from other
people who also have no personal experience on this issue?

Don't get me wrong, VisaJourney is a very valuable resource in trying to figure
out the family-based immigration process, but the nature of this resource is a
collection of subjective posts from other individuals. On issues like pregnancy
and expediting the K1 process, I've seen very little informative content from
posters - most people just dismiss the issue with one lined replies that don't
give any objective, experiential justification for such a response. As such, one
should regard these posts with extreme caution, and be resolved to go seek
the truth on the matter by getting in contact with the appropriate authorities.

Truth is not determined by a majority vote. Just because everyone on these
boards thinks pregnancy is not a valid "excuse" for K1 expedition, doesn't
mean it's true.
elwintroMaleUnited Kingdom2006-05-18 10:50:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant

Hope someone can help me with this .
I just found out that my fiancee is pregnant and we didnt know this when i sent my papers to the service center for the k1 petition.
There is a couple things that i am needing help with and hope that someone can help me with some info.
1.Will this change anything about our case and will it cause us any delays in the process?

2.Being that she is far from me and i really want to be part of the delivery is it possible that we can get the petition expedited so that she can come to the u.s.a before the baby is due.
I am not very impressed with the quality of health care provided in the philippines and want to have her here with me so i can be sure she gets the best care available.

3.What is the timeline that a k1 visa process is from the philippines,i see so much conflicting information on the web and i am so confused about it all.

Oh by the way it is my child incase anyone is going to ask that. She is just now 7 weeks pregnant and i was there from 3/24/06 to 4/12/06


Ok, I've been in exactly the same boat as you, so I can give you some advice.

First and foremost, don't listen to the people here who will tell you that nothing
can be done for your case, that pregnancy is not a valid reason for getting your
case expedited. I made the mistake of listening to such people, and my fiancee
and I went through a lot of grief as a result.

Here's what you should do: write to your congressperson. Explain the situation,
and get your fiancee to send you proof of pregnancy to include with the letter.
Give them a week or two to get back to you, but, if you don't hear anything,
write them again and call them. Be persistent (and polite!).

My fiancee (USC) got in touch with her congressman. His immigration liason
called her back after a couple of weeks and told us that the USCIS WILL
expedite a case due to pregnancy. By that time, Nebraska had already approved
our petition and forwarded it to my local consulate in London, but the immigration
liason told us to get in touch with her again if London weren't going to give me
an interview date that would have me in the country in time for the birth.

When my case reached London, and they sent out my packet 3 forms, I filled
out the forms and returned them along with a letter explaining our circumstances
and requesting an immediate interview date. I also included proof of pregnancy.
London sent me packet 4 two days later, with an interview date three weeks
from then. If I hadn't have done that, chances are I wouldn't have had my
interview until the end of June/beginning of July (our baby's due July 22nd).

The bottom line is that, despite what the ill-informed masses on VisaJourney will
tell you, there are avenues of possibility that you can pursue, and your situation
isn't hopeless. Write your congressperson, get your fiancee to write her embassy
when the time comes, be persistent, and don't get discouraged when people here
tell you there's nothing that can be done - it's simply not true.

PM me if you have any questions. And good luck! :thumbs:
elwintroMaleUnited Kingdom2006-05-18 09:42:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsQuestion for November Filers - Vermont Center

Thank you! Anyone else heard something?



I wish i had... 4 months tomorrow since we got NOA1 and it's not been touched since 11/03.
arwilson80MaleUnited Kingdom2010-03-08 09:39:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers
Visa now in hand. Arrived about 08:30 this morning. Looking at flights now. :) Possible dates are 9th, 14th or 16th (I could do Sept 11 but that's a lil more expensive).
arwilson80MaleUnited Kingdom2010-08-27 06:07:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers
Passport / Visa scheduled to arrive tomorrow. :dance:
arwilson80MaleUnited Kingdom2010-08-26 11:11:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

And arwilson...my heart bleeds for you, truly. What's the word from the Embassy? xx


The word is good... :dance: I am out of AP yesterday and the passport is getting picked up tomorrow (Thurs Aug 19) morning. :yes:
arwilson80MaleUnited Kingdom2010-08-18 03:46:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

Just Crissie left (I think) from our gang now to get through! Happy Sunday everyone x



...and me. :o(

Still in AP and i'll have to watch the 'scheduled' date of the wedding pass from 3.5k miles away. :cry:
arwilson80MaleUnited Kingdom2010-07-19 19:12:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

Oh no! What went wrong at the interview to send you into AP? My fiance has his interview later in the month, and I'm so nervous!


If i knew i would tell you, and i think you will get the same response from most of the people who end up in AP. :(
arwilson80MaleUnited Kingdom2010-07-06 13:13:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers
...and i'm still stuck here for the [un]forseable future in the 'black hole' process that is Administrative Processing / Review. :(

Edited by arwilson80, 28 June 2010 - 03:38 AM.

arwilson80MaleUnited Kingdom2010-06-28 03:34:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

40 and below: Too cold
50: Chilly
60: Cold
70: Cool
80: Cozy
90: Just Nice
100: A little hotter than perfect, but won't complain



Made a few corrections. ;)
arwilson80MaleUnited Kingdom2010-06-17 17:48:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

Wohooo Miss Jess! Congratulations :dance: :dance:

This is awesome news !And may I add you look spunky :whistle:



LOL. :whistle:
arwilson80MaleUnited Kingdom2010-06-14 06:06:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers
Wonder how Miss Jess is getting on / surviving?
arwilson80MaleUnited Kingdom2010-06-10 08:01:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

I agree actually. I was REALLY mad at first, but then realised we've gotten lucky on the financial front in other areas, and that ultimately once I get the big YES it won't matter :)


Exactly. The 'Yes' at the interview is what ultimately matters. Everything else is just a 'hiccup' along the way.

One week to go til V-day for me.....I keep checking and rechecking my Monica-from-Friends style, excessively organised folder just in case I've forgotten something!!


Two weeks for me. I haven't started the physical checking of the folder yet but i run through it in my head. :blush:





BTW [everyone]: Is there a 'sticky' list of things that need to be done, people who need to be informed (of whatever... e.g. banks, student loans, 'tax man',...), etc, etc on here?
arwilson80MaleUnited Kingdom2010-06-03 06:35:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

2 weeks still to go till your interview and you're gonna get stung on the visa price hike due to the fault of NCV by sending your file to Dublin by mistake. Doesn't that make you mad?



Actually... Not really. In fact i guess i couldn't really care what it costs (just as long as i have the money for it ;)), just as long as i get there.
arwilson80MaleUnited Kingdom2010-06-03 03:58:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

I get my visa in hand tomorrow, according to the embassy courier site! Flights all booked for 28 May! Starting to get really, really excited now. 3 and a half weeks to go!


28 June? ;)

If you have developed time travel though i've love to hear about it. I'd go back a few years and start this all earlier. :D

I have a really, really nasty neighbour here in my street, who has made my life a misery. A monstrous woman, who goes by the name of "Big Evelyn", (she's big and she's also an ignorant bully and totally belongs on the Jerry Springer show). I am currently enjoying plotting (and salivating) at how exactly I am going to say goodbye to her on the morning I leave my home for the last time (at 5.30 in the morning).....snigger...:devil:.


Just a few sharp taps on the door and when she opens it just say "Morning Evelyn, Just saying 'Bye' as i'm getting married and emmigrating to the US' and walk off... :devil:
arwilson80MaleUnited Kingdom2010-06-02 04:11:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

And for all of us still to travel - is that Icelandic volcano finished spewing its guts yet? I hate to think any of us could be scuppered if it's still "active". Last I heard it could be erupting for 3 years, and even last week all flights from Scotland were cancelled again for a couple of days cos of it. Does anyone know the latest?


Last update was that it was only spewing out steam and was no risk (for now). As for it spewing out ash again... i guess it depends on what mood it's in. ;)
arwilson80MaleUnited Kingdom2010-05-28 04:10:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

Monday :
Went to open a bank account. couldn't. Said I need the SSN application paper at least to do that. Will have to wait 2 weeks till after the wedding. oh well.


Was the account to be in your name only? - They probably do need a SSN in this case.

We already have a joint account and just needed my passport number to open it (they do want my SSN as soon as i get it though). I guess that as long as they can keep track of 1 of us they'll find the other. :)

Edited by arwilson80, 26 May 2010 - 03:20 AM.

arwilson80MaleUnited Kingdom2010-05-26 03:18:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

Hey guys, know I haven't checked in for a while, but would like to share my little mental note to the London embassy:

"Dear American Embassy. Thank you for tripling the production costs for my visa. I mean, I really didn't think $131 was enough to pay to make a bit of paper with some sticky stuff on the back. $350 seems far more reasonable. And to be honest I thought £800 was really a bit cheap for you to deal with a bit of paperwork. £1000 sounds about right. And hey, here's an idea, how about you charge me another £1500 to stay in the country once I get married? Oh, wait, you've already thought of one.

Yours in bankruptcy, Miss Jess."

(if you didn't realise, got my letter today saying they've put the MRV up. :'()

(*spontaneous combustion imminent*)


I got mine as well...
arwilson80MaleUnited Kingdom2010-05-25 16:41:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember 2009 filers

Also, we have decided on a simple court wedding for now and we had picked out a date a while back,was just feeling jinxed about mentioning i before the interview thing,but anyway, we have our heart set for the 24th of July :)


Same day as us...
arwilson80MaleUnited Kingdom2010-05-25 02:50:00
Removing Conditions on Residency General Discussioncopies or originals
QUOTE (remconds @ May 3 2009, 09:22 AM) <{POST_SNAPBACK}>
Hi,

Im wondering if I should send copies of all the evidence that I have, or the originals? Im going to make copies of course to keep at home in case of RFE, but was thinking to send them the originals.

If you did send copies, did you do color or black and white copies?


Send the photocopies. See this link: General Tips on Assembling Applications for Mailing

QUOTE
USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.


I sent black and white copies of all my paperwork, except for my green card, drivers licenses, and health insurance cards because I copied those at home by scanning them into the computer and printing them on my color inkjet. I don't think it matters, though.

Send the photocopies. Keep the originals.
elwintroMaleUnited Kingdom2009-05-03 09:33:00
Removing Conditions on Residency General DiscussionI-751 Documents
QUOTE (Vijay @ May 2 2009, 10:42 AM) <{POST_SNAPBACK}>
I am sending my I-751 tomorrow. I have attached a list of all the documents I am sending. I would appreciate if someone would let me know whether this would be enough or some other documents might be needed.


I'd say this looks like a great list of evidence. As HappyNathy said, having your evidence span the period from when you got married until now is very important, but it looks like you've taken care of that.

Make sure you've signed your check (and the date is correct), and that you and your spouse have signed and dated the I-751.

I put up a post detailing everything that I sent just yesterday (5/1/2009) over here, so perhaps that will be a helpful comparison for you, but it looks like your evidence is quite thorough already.
elwintroMaleUnited Kingdom2009-05-02 12:25:00
Removing Conditions on Residency General DiscussionI-751 filed. No NOA yet. GC expires next weekend. Will I be able to work?
QUOTE (Kymberli and Ben @ May 8 2009, 01:36 PM) <{POST_SNAPBACK}>
So can i renew my drivers license then without a NOA1 or Stamp? My Green Card has expired!


It depends on what the rules are in the state of Nevada (or wherever it is that you reside).

When I need to get a KS drivers license a few months ago, I did have to show my Green Card, even though the guy at the Drivers Licnese Bureau didn't look too closely at it.

I see from your signature that your check was recently cashed by the CSC. Your NOA1/extension letter shouldn't be too far away!
elwintroMaleUnited Kingdom2009-05-08 16:11:00
Removing Conditions on Residency General DiscussionI-751 filed. No NOA yet. GC expires next weekend. Will I be able to work?
Hi VJers.

I filed my I-751 with the CSC last week, but my conditional Green Card is set to expire a week on Saturday (i.e., 05/16/09).

If I do not receive my NOA1/extension letter by then, will I still be legal enough to keep working after my GC expiry date until the extension letter arrives?

Has anyone been in this situation before?

(Note: My petition was delivered and signed for at the CSC, and my check has not yet been cashed. I don't anticipate any problems with the CSC accepting my petition - everything has been signed and dated: the I-751, I-751 attachments, the check [made payable to US Department of Homeland Security for $545])

Thanks!
elwintroMaleUnited Kingdom2009-05-08 09:46:00
Removing Conditions on Residency General DiscussionSending more evidence!
QUOTE (Kymberli and Ben @ May 18 2009, 10:29 PM) <{POST_SNAPBACK}>
We want to send CSC more evidence for our case, Is this Ok to do star_smile.gif



I probably wouldn't want to bother unless I got an RFE or an interview request. However, if your initial evidence was weak, or you're just paranoid about the USCIS rejecting your petition for some whimsical reason, then I can understand why you are asking this question. wink.gif

Today, my NOA1 arrived in the mail. It had this interesting paragraph towards the end saying that, if I haven't already done so, I should provide supporting documents to assist the USCIS in processing my petition. It then went on to give a similar short list of possible evidence as is given in the I-751 instructions. The important line for you, I guess, is where it said: PLEASE INCLUDE A COPY OF THIS RECEIPT NOTICE WITH ANY SUPPORTING DOCUMENTS YOU SUBMIT. (Yes, the caps were in the original too.)

I thought it was weird that there was the implication that you could file the I-751 now, and mail in the evidence later (LOL!), but, for you, if you really really wanted to send in more evidence, then do make sure to attach a copy of your receipt notice, and a good cover letter to explain what you're sending them and why.

Good luck!
elwintroMaleUnited Kingdom2009-05-19 00:46:00
Removing Conditions on Residency General DiscussionEvidence and privacy questions
QUOTE (Bruce n Jen @ May 19 2009, 10:28 AM) <{POST_SNAPBACK}>
Hi - wow, hardly seems like almost 2 yrs have passed since regularly frequenting VJ from K1 to AOS.

I've read through numerous posts and only saw a few remarks on financial/privacy concerns.

I'm ready to send bank statements, joint credit card copies, etc. I believe I saw one remark on marking out all but last 4 digits on credit card copies. I've also read to include all pages of bank statements even though both names are on page 1.

So any thoughts on exposing all one's financial info on bank statements, like where all those checks etc went, or full account numbers regarding credit cards and statements?

thanks much


I took no steps to conceal any info on the bank statements I included, and I included very detailed statements which had every debit and credit card transaction, every deposit and withdrawal, and every check. I have absolutely nothing to hide from the government, especially with respect to the immigration process.

If you're worried about something bad happening because you've exposed all that information, then, really, what's the worst that could happen? There's an unscrupulous government employee who steals your identity, but you manage to trace it all back to the USCIS, so you sue them for damages?

However, if you're asking this question out of some libertarian desire to keep the government out of your life, then I have little sympathy or soothing advice for you.
elwintroMaleUnited Kingdom2009-05-19 10:53:00
Removing Conditions on Residency General DiscussionHELP!! I -751 question
QUOTE (Immigrant2009 @ May 22 2009, 03:19 PM) <{POST_SNAPBACK}>
I was here to give advice and not arguing with people having childish behavior like you. I didn't attack or raise finger at your, but you went on full assault on me. So please be kind, we all have difference of opinions but attacking each other wont help us.

If you think you are right, don't be negative and go on attacking, rather give counter arguments with proof and recents approvals or success stories which proves your point, no demean others or tell other that they are nobody or you are more smart than they are.


Oh please! Stop your crying and grow up.

I gave you counter arguments and proof that your interpretation does not match up with the wording on the form and the instructions, but you just want to play the victim and have everyone pat each other on the back.

QUOTE (Immigrant2009 @ May 22 2009, 03:19 PM) <{POST_SNAPBACK}>
In the Instrustions it says list only conditonal resident children. In the form it says All. By All they mean all the conditional resident children.


No, the instruction sheet does not say to list only conditional resident children. It says, verbatim: "make sure to include any conditional resident children applying with you" (emphasis added). You're not even reading the darned thing right!

I don't mean this as an insult, but is English your first language? If it's not, then that's also a mark against the validity of your opinion on this matter. You've just proven to everyone that you are not reading the instruction sheet correctly. If you're not even reading the text correctly, why should anyone even bother listening to your opinion let alone attribute any weight to it?

I don't understand how can you sit there and pontificate that everyone's opinion is just as valid as mine when people like you don't even have a fluent comprehension of English? That's just trite and stupid.
elwintroMaleUnited Kingdom2009-05-22 15:39:00
Removing Conditions on Residency General DiscussionHELP!! I -751 question
QUOTE (Immigrant2009 @ May 22 2009, 02:34 PM) <{POST_SNAPBACK}>
Like 'mozplay' said, "What exactly do you mean by 'You People' ", You know that it's considered a racist and mocked slang in America.


Rubbish.

QUOTE (Immigrant2009 @ May 22 2009, 02:34 PM) <{POST_SNAPBACK}>
I know you are trying to show us your point of view but It's not that way to address others. We all respect and ecncourage different views as long they are towards attacking others.


More rubbish. The truth is more important than a warm, fuzzy, "I'm ok, you're ok", "everyone's opinion is equally valid" attitude. And the truth is that everyone's opinion is NOT equally valid. As far as the USCIS goes, you're either right or you're wrong, and if you're the one seeking immigration benefits, then you really have no margin for error.

I don't want to see honest folk getting their I-751 denied because they listened to bad advice on these forums, and got some wishy-washy attitude instead of the facts.

QUOTE (Immigrant2009 @ May 22 2009, 02:34 PM) <{POST_SNAPBACK}>
http://www.uscis.gov.../I-751instr.pdf
In the form Instruction, it doesn't say "ALL Children" please show me where does it say ALL children. It says.


Go take a look at the actual I-751 form, not the instructions. Go to Part 5, and tell the class exactly what it says there.

Your interpretation of the instructions does not match what is written on the I-751 itself, and you're bending the wording of the instruction sheet to make it say something it's not actually saying. If the I-751 itself did not say "List all your children," then maybe your interpretation of the instruction sheet would have more weight. However, the instructions taken alongside the I-751 itself do not support the mutually exclusive interpretation that people like you and Haole are giving to others.

I think you people could be harming others with your bad interpretations. Why should I respect and encourage your views if I think they're harming others? Put that in your "I'm ok, you're ok" pipe and smoke it.
elwintroMaleUnited Kingdom2009-05-22 14:56:00
Removing Conditions on Residency General DiscussionHELP!! I -751 question
QUOTE (mozplay @ May 22 2009, 02:09 PM) <{POST_SNAPBACK}>
And exactly what do you mean by "you people"? If there were no such thing as interpretation, then history would never be written.


I mean people like Haole and Immigrant2009 who give people bad advice and bad interpretations of the I-751 and its instructions.

QUOTE (mozplay @ May 22 2009, 02:09 PM) <{POST_SNAPBACK}>
And, elwintro, you seem to be the only person who understands this clearly - lucky you. For anyone else wanting to ask questions ... even if those questions are only asked to double check what they already know ... that's what this forum is for.


I'm not against those who are uncertain and want to ask questions, I'm against those who provide a response to those questions that is wrong and misinforming people. If you take someone's bad advice on these forums and your immigration benefit is denied as a result, then you are absolutely high and dry. I don't want to see that happen, but that may be what it'll take before people like Haole stop spreading FUD.

QUOTE (mozplay @ May 22 2009, 02:09 PM) <{POST_SNAPBACK}>
So, thank you for your take on it - it is as valuable as anyone and everyone else's.


No, it's not. As someone who has kids and had to face Part 5 of the I-751, my take is more valuable than yours because you don't have any kids. So take your self-righteous "I'm ok, you're ok" attitude and shove it.

Edited by elwintro, 22 May 2009 - 02:33 PM.

elwintroMaleUnited Kingdom2009-05-22 14:32:00
Removing Conditions on Residency General DiscussionHELP!! I -751 question
QUOTE (Immigrant2009 @ May 18 2009, 05:03 PM) <{POST_SNAPBACK}>
The Instructions for I-751 Clearly indicates to include in part 5 only children who have conditional residency, meaning they got GC alongwith no resident parent via marriage to USC.

http://www.uscis.gov.../I-751instr.pdf

Conditional Resident Children
In Part 5 of the form, please make sure to include any conditional resident children applying with you in order to have their conditional basis removed, or they may file separately. Please remember to provide their A-number.


Look, I hashed this out with Haole et al. on a couple of threads recently. The instructions for the I-751 DO NOT clearly indicate that Part 5 is ONLY for conditional resident children applying with you. That is a bogus interpetation.

I don't know what's wrong with you people and your comprehension of the English language and the simple instructions given by the USCIS. Part 5 on the I-751 says to list ALL your children, and the instructions sheet says to "make sure to include any conditional resident children applying with you." These are not mutually exclusive statements.

List all your children, and make sure you include the conditional resident children applying with you -- it's as simple as that. Stop over interpreting the form and twisting these very simple instructions into some weird contradiction that doesn't make any sense.

If you are the conditional resident applying for the I-751 immigration benefit, then list all of your children in Part 5, whether they are the product of a previous marriage or of your current marriage to a US Citizen. If your children are already US Citizens, then DO NOT list an A# even if they previously had one -- this is what Haole did for his adopted daughter, and it's what got him into trouble because the USCIS saw the A# and thought that she was applying for the I-751 beneft too (obviously, if the USCIS had checked his daughter's record, they would have seen that she was admitted to citizenship and therefore not needing the I-751 benefit, but they clearly did not do that). I managed to clarify this with him on a different thread, but yet here he is again on this thread spreading fear, uncertainty, and doubt when the reality is he made a mistake which generated all his trouble.

All you need to do is read the form and the instructions and just do exactly what they say. If your kids are US Citizens already, then the A# column does not apply to them, even if they once had an A# (they are citizens now, not alien residents, even though naturalized citizens still technically have an A#). As far as I am aware, if you're a naturalized citizen, the only time you need to tell the USCIS your A# is if you need to get a copy of your naturalization certificate so they can reference you. However, if you feel compelled to list an A# for a child not applying with you on the I-751, then, for goodness sake, do what someone suggested earlier and create an attachment to your I-751 explaining, in detail, what's going on and who's applying with you and who's not. This is the best way to eliminate any possible confusion on the part of the USCIS.

Edited by elwintro, 22 May 2009 - 01:48 PM.

elwintroMaleUnited Kingdom2009-05-22 13:47:00
Removing Conditions on Residency General DiscussionI-751 Petition Filed at CSC
QUOTE (Haole @ May 3 2009, 06:36 PM) <{POST_SNAPBACK}>
All's I know is we went thru hell because I listed my US citizen daughter under Part 5. Because of such I sure wouldn't do so again if I had to do it all again.
There is no reason to list US citizen children there.


Yes, there is. How about the text which says to "list ALL YOUR CHILDREN"?

QUOTE (Haole @ May 3 2009, 06:36 PM) <{POST_SNAPBACK}>
Put their BCs with all the other evidence of a valid ongoing marriage. That's basically the only reason to list kids anywhere unless you want to remove their conditions.
Just trying to help others from having to go thru the stress and hell we did.


Well, they can avoid that by including an attachment to their I-751, signed and dated, explaining the special circumstances of their situation, which is apparently something you failed to do. It's not the USCIS's fault if you did not adequately clarify your daughter's immigration status, especially when there was obviously conflicting information in your paperwork.

By the sounds of it, your bad experience was mostly your own failure to put yourself in the position of the USCIS case adjudicator when you were preparing your petition. If you don't tailor your evidence for someone who a) doesn't know you, and cool.gif doesn't care to know anything more than is necessary to adjudicate your case, then how can you blame the USCIS if they incorrectly interpret what you've given them?

I'm sorry you had a bad experience, but it really does sound like you've only got yourself to blame.
elwintroMaleUnited Kingdom2009-05-03 21:25:00
Removing Conditions on Residency General DiscussionI-751 Petition Filed at CSC
QUOTE (ready4ONE @ May 3 2009, 03:49 PM) <{POST_SNAPBACK}>
I think not listing children is absolutely correct according to the instructions, although it clearly fails to "list all children" per the actual form.


I strongly disagree with you. When the government say to "List all your children" then you list ALL YOUR CHILDREN. Period.

QUOTE (ready4ONE @ May 3 2009, 03:49 PM) <{POST_SNAPBACK}>
The instructions absolutely indicate, and I quote:

Conditional Resident Children
In Part 5 of the form, please make sure to include any conditional resident children applying with you in order to have their conditional basis removed, or they may file separately. Please remember to provide their A-number.

That is the sum total of instructions regarding this I-751 section, emphasis added.


Right, make sure you include any conditional resident children applying with you when you list ALL YOUR CHILDREN. You are twisting this sentence to mean something that it is not saying, i.e., that you must only list your conditional resident children applying with you and no other children besides that. This is not what the USCIS are saying here.

QUOTE (ready4ONE @ May 3 2009, 03:49 PM) <{POST_SNAPBACK}>
I would agree, it seem's Haole's unique situation added to the adjudicator's confusion, and may list children who are US Citizens because logically the form is asking for 'all children' without issue, section 5 is really to list "conditional resident children applying with you in order to have their conditional basis removed" I believe we are quite safe leaving the section blank, since none of our kids are filing to remove conditional status.

Bad USCIS form, combined with a slow adjudicator, and seems putting kids not filing to remove conditions is most likely to lead to trouble.


I think your interpretation of the form and its instructions are plain wrong. Why would they say on the form, "List all your children", then, in the instructions, remind you to "make sure to include any conditional resident children applying with you" when, according to you and Haole, what they really mean is to ONLY list conditional resident children applying with you and no others? Why would they have a column on Part 5 which says, "A# (if any)" if they only intend conditional resident children to be list because no conditional resident child would ever not have an A#?

Your interpretation of the form just does not make sense. I think you are making a mistake by excluding your children from Part 5.
elwintroMaleUnited Kingdom2009-05-03 16:33:00
Removing Conditions on Residency General DiscussionI-751 Petition Filed at CSC
Thanks for answering my questions.

QUOTE (Haole @ May 3 2009, 11:58 AM) <{POST_SNAPBACK}>
Yeah that's probably where the problem started. My daughter acquired her US citizenship thru me adopting her. Yes I put her A# and also put US citizen under immigration status.


Yes, I would say this right here is why the USCIS goofed up. I'm sure it looked odd with your daughter listed in Part 5 with an A# and and immigration status of 'US Citizen', plus a foreign birth certificate. Did she have a Naturalization certificate from when she received citizenship? Did you include that with your petition?

QUOTE (Haole @ May 3 2009, 11:58 AM) <{POST_SNAPBACK}>
At the same time instructions state :
In Part 5 of the form, please make sure to include any conditional resident children applying with you in order to have their conditional basis removed, or they may file separately. Please remember to provide their A-number.

Doesn't say anything about listing kids that are US citizens.


It doesn't say anything about not listing them either. In fact, the language used by the USCIS on the I-751 and on the instructions is inclusive -- Part 5 on the form says "List all your children", and the instructions say to "make sure to include any conditional resident children". The word "include" in this context indicates that the conditional resident children you list may not be the only immigration category of all the children listed in Part 5. Remember: "US Citizen" is an 'immigration category', even for naturally-born citizens.

QUOTE (Haole @ May 3 2009, 11:58 AM) <{POST_SNAPBACK}>
The form and instructions need to be coordinated a bit better.


I heartily could not agree more! It's confusing indeed.

QUOTE (Haole @ May 3 2009, 11:58 AM) <{POST_SNAPBACK}>
If I had to do it again I wouldn't put any US citizen children in Part 5.
To me if they wanted to know about the kids in the form they'd be asking for age and other info also.


Not necessarily. I think you did the right thing, but, if you had to do it over again, I would recommend adding an attachment to Part 5 of your I-751 explaining explicitly your daughter's status and how she came to be a US Citizen, and not just putting it in the cover letter. The cover letter really doesn't mean anything in relation to your petition. If you really want to explain something regarding the details of your case, add it as an attachment to your petition, and sign and date it. This is per the USCIS General Tips on Assembling Applications for Mailing:

QUOTE
"If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter."


I'm sorry you had a bad experience, but I really do think you are giving people on these forums bad advice on this matter.
elwintroMaleUnited Kingdom2009-05-03 15:10:00
Removing Conditions on Residency General DiscussionI-751 Petition Filed at CSC
QUOTE (Haole @ May 3 2009, 10:58 AM) <{POST_SNAPBACK}>
I suggest you check out part 5. Where is a place to designate your child is a US citizen? A US citizen doesn't have any immigration status.


They are a US Citizen, which is what you're supposed to write in the "Immigration Status" column. Look, if Part 5 of the I-751 was not designed to hold a list of both US Citizen children and conditional resident children, why do they have "A# (if any)" as one of the columns? Your interpretation of the nature of Part 5 of the I-751 just does not make sense to me in light of how that part of the form has been designed, its wording, and the wording of the relevant section of the instructional document.

You still have not answered my question regarding your daughter, and how she acquired US citizen status. Was she a foreign-born child who gained citizenship when you adopted her? Did she have an A#? Did you write her A# in the A# column in Part 5 of the I-751?

You make out in your posts that your daughter was a natural-born US citizen, but that is unclear.

Can you please clarify these points?
elwintroMaleUnited Kingdom2009-05-03 11:17:00
Removing Conditions on Residency General DiscussionI-751 Petition Filed at CSC
QUOTE (Haole @ May 2 2009, 04:33 PM) <{POST_SNAPBACK}>
Looks good BUT!!
You shouldn't have listed the US citizen children in Part 5. Yeah it says list "all" children but if you read instructions you list children that have to have conditions removed.
I blew it and did so also and USCIS sent a RFE for $80 for biometrics for my child. They stopped my wifes process until I finally had to get my senator to fix the problem. Took an extra couple months.
Some people get away with it. I didn't even tho I had my daughters BC and US passport and explained she was a US citizen in the original cover letter.
USCIS missed it! headbonk.gif

You should have posted BEFORE you mailed it!!!
Goodluck!


So, reading through your post history, and looking at the signature you have on your posts, it sounds like your daughter was a foreign-born step-child of yours who gained US citizenship when you adopted her here in the US (I believe there is some form of legislation in place which provides for that). Is that correct?

If that's right, then perhaps this was the source of confusion for the adjudicator who was reviewing your petition.
elwintroMaleUnited Kingdom2009-05-03 09:11:00
Removing Conditions on Residency General DiscussionI-751 Petition Filed at CSC
QUOTE (Haole @ May 2 2009, 04:33 PM) <{POST_SNAPBACK}>
Looks good BUT!!
You shouldn't have listed the US citizen children in Part 5. Yeah it says list "all" children but if you read instructions you list children that have to have conditions removed.


No, I disagree with your interpretation of the I-751 and the instructions. Part 5 says to list all your children, and the instructions sheet reminds you: "please make sure to include any conditional resident children applying with you in order to have their conditional basis removed". There is nothing which says to ONLY include conditional resident children applying with you. You are interpreting the form and instructions in the light of your own bad experience.

When the government says to "list all your children", then you list ALL your children. Take the instructions at face value and don't over-think them.

QUOTE (Haole @ May 2 2009, 04:33 PM) <{POST_SNAPBACK}>
You should have posted BEFORE you mailed it!!!
Goodluck!


I have been thoroughly reading through this fourm's archives for the past few weeks. I saw all your posts in a different thread detailing your problem on this matter. By the sounds of it, you filled out the form correctly in accordance with the USCIS's instructions (although I would have to see your original I-751 to be sure of this), but it was whoever adjudicated your petition that messed up. You were the unfortunate victim of a clerical error. I suggest you accept that fact, and stop scaring the ####### out of people here with your malformed interpretation of the I-751 and its instructions.
elwintroMaleUnited Kingdom2009-05-03 08:57:00
Removing Conditions on Residency General DiscussionI-751 Petition Filed at CSC
Hello VJers!

I mailed off my I-751 petition to the USCIS California Service Center yesterday (5/1/09) using Express Mail at the local USPS post office, requesting delivery confirmation and a return receipt so I'll know for sure when my package arrived.

My petition plus all the evidence totaled to a three-inch high, 3lbs 11oz monster. Here's a breakdown of all that I sent (I basically just cut and pasted this list from my cover letter):

  • Check for $545
  • Cover letter giving a breakdown of all the evidence
  • I-751
  • Attachment to I-751 for Part 3, item 9 listing my legal permanent residences since obtaining conditional resident status
  • Form AR-11 Change of Address electronic confirmation
  • I-551 Permanent Resident Card (front and back)
  • Kansas Drivers Licenses – Myself and my spouse
  • Birth Certificates of our two children
  • Baptism certificates of our two children
  • Proof of joint ownership of our house
  • Deed
  • Mortgage loan application
  • HUD-1 settlement statement
  • Title insurance policy
  • Statement from moving company (signed by my spouse)
  • AmTrust Bank mortgage statements
  • WellsFargo mortgage statements
  • County's yearly property valuation statements (2008 & 2009)
  • Home warranty policy we got from our sellers
elwintroMaleUnited Kingdom2009-05-02 08:22:00
Removing Conditions on Residency General DiscussionOn the form 751 they have a children section...do i put our child who was born in the US
QUOTE (CanAmer @ Jul 23 2009, 07:26 PM) <{POST_SNAPBACK}>
For the 751 form we have a child born in the US do we put that on the from under children?


I put the names of my two children on the form. Both of them are US Citizens. Just make sure that you state your child's immigration status as 'US Citizen'.

You can search the forums for more discussion on this matter. It's a bit of a contentious issue, so use your best judgement.
elwintroMaleUnited Kingdom2009-07-25 09:49:00