ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General Discussionhow much more patient can i be?
I don't know about being 'required' to have current biometrics on file, but they may well want a new one from you if it's been over a year since your last one when they FINALLY get around to adjudicating your case.

I'd be inclined to contact the USCIS ombudsman's office too. Can't hurt at this point.

http://www.dhs.gov/f...orial_0497.shtm
TracyTNFemaleUnited Kingdom2010-04-19 15:25:00
Removing Conditions on Residency General Discussion2nd I-751 waiver
Why are you not asking your attorney these questions? This is a complicated situation now - I don't think advice from an internet forum is the way to go.
TracyTNFemaleUnited Kingdom2010-04-08 08:40:00
Removing Conditions on Residency General DiscussionPreviously had B and F status
I dunno - it's not for me to say you're overreacting but - until you hear something or receive an RFE, I don't see a reason to assume something MUST be wrong. Esp. if there's still at least one person (that we know of) who filed around the same time as you who is also waiting.
TracyTNFemaleUnited Kingdom2010-04-20 13:57:00
Removing Conditions on Residency General DiscussionPreviously had B and F status
I'm surprised USCIS made you pay twice for something when it was their mistake to begin with. I would have phoned a supervisor or made an Infopass appointment and asked them to waive the fee for the second time. Generally if the mistake is theirs, they'll do that - you just have to know to ask. Case in point, if you received a green card with a misspelling on it that was their fault - you can file form I 90 to get it replaced but waive the fee due to their mistake.
TracyTNFemaleUnited Kingdom2010-04-20 13:28:00
Removing Conditions on Residency General DiscussionPreviously had B and F status
Your status can only be revoked by an immigration judge - so you would have the opportunity to re-enter the country and appear before said judge. All USCIS can do is issue a NOID (notice of intent to deny).

I think it's best to try not to obsess. All could be well (still have no idea how long you've been waiting!) - it's just them being slow - and you're just worrying yourself for nothing.
TracyTNFemaleUnited Kingdom2010-04-20 12:44:00
Removing Conditions on Residency General DiscussionPreviously had B and F status

opps that was a big typo - i meant to say INS the old USCIS...

I haven't tried to get the congressman invovled, or gone to any infopass appointment. I thought you have to wait for longer than 6 months after you file (in my case end of may) to inquire about your case with USCIS...

the main reason why im eager to find out about my case is that im planning to travel in late June. I know iits still sometime away but if my case is still pending, i don't feel good leaving the country.


I wasn't sure how long you had been waiting. I agree you aren't likely to get any help until you've passed the 6 month mark.

Why the travel concern? Did you not get the extension letter (NOA1)?

Edited to add: please update your timeline - that may eliminate confusion whenever you start a thread or ask questions. :)

Edited by TracyTN, 20 April 2010 - 12:32 PM.

TracyTNFemaleUnited Kingdom2010-04-20 12:31:00
Removing Conditions on Residency General DiscussionPreviously had B and F status
I'm not following you - how do B and F visas have anything to do with the IRS? Or do you mean USCIS? If so, then yes - I can see where possibly they're doing some checking on your previous visas. But that in and of itself doesn't lead me to believe that HAS to be what the delay is. Have you asked your congressman or senator for assistance?

There is another thread running in this forum at the moment where the poster is also seemingly 'stuck'. Have a poke around.
TracyTNFemaleUnited Kingdom2010-04-20 12:17:00
Removing Conditions on Residency General DiscussionRemoving Conditions from overseas?
There is actually a section on the I 751 instructions about those who are overseas under govt. orders - or did you see that and it's still unclear? Its under 'General Instructions', there is an 'Exception' header. It includes instructions to enclose fingerprints which you have done at a nearby embassy or consulate. I assume they would then process it accordingly, meaning if they want to interview you, they'd do it from over there.
TracyTNFemaleUnited Kingdom2010-04-22 09:20:00
Removing Conditions on Residency General DiscussionPlease Help I don't know what to do
Agreed - I would go to the local ASC right away and sort something out - or at the very least, called USCIS. Mailing it back covers you in a sense, but I'm not sure that protocol was designed for someone who had already missed their appointment.

If an Infopass is a feasible option for you (not sure how close you are to the office), I'd do that first though.
TracyTNFemaleUnited Kingdom2010-04-22 07:23:00
Removing Conditions on Residency General DiscussionLeaving Country while 'Removal of Conditions' in Process

the NOA1 we received 10 days after filing for removal included text indicating a 1 year extension of the 2 year card. these two together are good enough to get your wife back into USA, assuming she is back in a month or so. trouble is, she may receive short notice for biometrics appointment. if she misses the bio appt the case is considered abandoned. perhaps a bio appointment can be delayed by petition.


You can reschedule bio appts but you'd have to get the notice to know you'd need to reschedule. If you'd have someone reliable checking your mail for it, fine - otherwise, could be niggly. Best bet would be to go after you receive that notice.
TracyTNFemaleUnited Kingdom2010-04-29 10:17:00
Removing Conditions on Residency General DiscussionANYBODY EXPERIENCED THIS!!!!
I'm sure it's pretty common. I just never bothered to check - didn't keep my AOS case number handy after he'd gotten his 2 year GC. Honestly never saw a reason to look at it.
TracyTNFemaleUnited Kingdom2010-04-19 13:40:00
Removing Conditions on Residency General Discussionanyone else filed with CIS Ombudsman?
I've read of others doing it but got nothing from them. Search the forum as was suggested and see what you can find.

And if you're planning to apply for citizenship when you're eligible, that will 'force' adjudication of the I 751. I'd do that and not sweat the I 751, though perhaps you don't want citizenship.
TracyTNFemaleUnited Kingdom2010-04-29 07:37:00
Removing Conditions on Residency General Discussiongot shocked and need help
Well, what does your lawyer say? Surely he would have a better idea about your chances (and next steps) than we would.
TracyTNFemaleUnited Kingdom2010-04-27 13:42:00
Removing Conditions on Residency General Discussiongot shocked and need help
Again, what we think is irrelevant. It's what the officer who interviewed you thinks.
TracyTNFemaleUnited Kingdom2010-04-08 09:49:00
Removing Conditions on Residency General Discussiongot shocked and need help
^^that's how I understood it, too.
TracyTNFemaleUnited Kingdom2010-04-06 14:39:00
Removing Conditions on Residency General Discussiongot shocked and need help
Again, you're asking us to predict what this officer thought and why he thought it. We have no way to know that, esp. as we don't have what you sent in your packet in front of us. I'm not sure that 'asking your landlord' is a valid suggestion, though.

Your best bet is to present to an immigration attorney exactly what papers the officer had, and for both you and your wife to write down exactly what you were asked and how you answered (to the best of your ability) in order to prepare you for possible next steps.
TracyTNFemaleUnited Kingdom2010-04-06 10:57:00
Removing Conditions on Residency General Discussiongot shocked and need help
None of us can tell you for sure what will happen, nor can we tell you why an interviewer did what they did on any given day. But honestly, it doesn't sound good. They may deny your 10 year green card and send you a notice of intent to deny.

Personally, I'd find an immigration attorney now to prepare yourselves for possible next steps.
TracyTNFemaleUnited Kingdom2010-04-06 09:35:00
Removing Conditions on Residency General Discussionsomething is wrong
Google it.
TracyTNFemaleUnited Kingdom2010-05-03 13:15:00
Removing Conditions on Residency General Discussionsomething is wrong
Not much you can do, I'm afraid. If they've put in an inquiry, then that's one step in your favor. You could also call your senator or congressman and see if they can shake anything loose.

And if all else fails, you can still file for citizenship when you're eligible - it will 'force' adjudication of the I 751 and make it a non issue. If you weren't planning on naturalizing, then that is a moot point.
TracyTNFemaleUnited Kingdom2010-05-03 12:33:00
Removing Conditions on Residency General DiscussionHelp!
I would definitely ask a lawyer if you need to update USCIS about your possible change in marital status. I just read a thread where someone applying for citizenship was denied because of a subsequent divorce after their I 751 was approved on the basis of a joint application.
TracyTNFemaleUnited Kingdom2010-05-04 10:11:00
Removing Conditions on Residency General DiscussionHow do they exactly do that backgroud check?
:) I'm a bit late in the Floyd appreciation, but I call Dave Gilmour my 'boyfriend' (L) (hubby is so pleased :lol:
TracyTNFemaleUnited Kingdom2010-05-05 13:55:00
Removing Conditions on Residency General DiscussionHow do they exactly do that backgroud check?

Good question. The website just says the USCIS does a background check of the applicant/petitioner at this stage (generic). Since it is a "joint" application, you have to wonder. They never take the "petitioner's" fingerprints, so I guess they could only do the first and third checks on the USC. Since FBI name checks were taking 4 to 6 months to complete at one time, and as fast as the CSC is completing the applications, it appears the checks are superficial, if at all, or they have a must faster system in California for some reason. :star:


My thought was while it is a joint application, it is still the alien's application. The only dog the USC has in the proverbial hunt is that they want their spouse to receive their 10 year GC. Proof of support is not asked for, nor is anything else from the USC for that matter. But would that preclude them from running some kind of background check on the USC? Possibly not.

Interesting to ponder though!

(BTW love your avatar :D
TracyTNFemaleUnited Kingdom2010-05-05 11:05:00
Removing Conditions on Residency General DiscussionHow do they exactly do that backgroud check?
Do they background check the USC at this stage?
TracyTNFemaleUnited Kingdom2010-04-30 10:48:00
Removing Conditions on Residency General DiscussionHow do they exactly do that backgroud check?
Perhaps not all three of the systems they use have a 'recheck' facility. Or maybe the way that their system is hooked up to those, they have to have a fresh set to initiate the check.
TracyTNFemaleUnited Kingdom2010-04-29 10:35:00
Removing Conditions on Residency General DiscussionN400 Denied, Based on Prior I-751 Divorce

The only thing they check I think is criminal history, DUI,...


True. They don't have the capacity to check every court filing in every court in America - how could they??
TracyTNFemaleUnited Kingdom2010-05-05 07:05:00
Removing Conditions on Residency General DiscussionN400 Denied, Based on Prior I-751 Divorce
I think a lawyer would know better than we would. What he's suggesting sounds reasonable - I'd follow his lead.
TracyTNFemaleUnited Kingdom2010-05-04 07:12:00
Removing Conditions on Residency General DiscussionExpired fingerprints two months after they were taken
That's probably USCIS speak for 'snafu'. :lol:
TracyTNFemaleUnited Kingdom2010-05-05 11:17:00
Removing Conditions on Residency General DiscussionExpired fingerprints two months after they were taken
I'd ask when you go back, but perhaps they lost them - or didn't realize that one of them was messed up when they took the set on 2/26.
TracyTNFemaleUnited Kingdom2010-05-05 09:55:00
Removing Conditions on Residency General DiscussionNo NOA1 a month after submitting ROC

I tried asking this question in that thread first :) That's what alerted me to it; everyone else seemed to get it in a few days!




Oh sorry - I didn't realize.

Never mind!! :blush:
TracyTNFemaleUnited Kingdom2010-05-05 09:56:00
Removing Conditions on Residency General DiscussionNo NOA1 a month after submitting ROC
Have you checked the April filers thread in this forum to see if you're lagging behind others who filed around the same time as you? That's really the only way to know whether or not you're experiencing something outside the norm.

http://www.visajourn...l-i-751-filers/
TracyTNFemaleUnited Kingdom2010-05-05 08:50:00
Removing Conditions on Residency General DiscussionA few questions before I file by myself
Definitely! My best friend is a prosecutor and I don't know HOW she does it!!!
TracyTNFemaleUnited Kingdom2010-04-21 14:31:00
Removing Conditions on Residency General DiscussionA few questions before I file by myself
I interpret it as you do ('in accordance' but not 'under'). This is why I could never be a lawyer though. That hurts my bwain!!
TracyTNFemaleUnited Kingdom2010-04-21 10:39:00
Removing Conditions on Residency General DiscussionA few questions before I file by myself

Thank you so much for your suggestions, Tracy. I did find legal language about the waiver on that website searching for the word "death" - do you think I should cite section (ii)?

§ 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.
(a) General. (1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I–751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.




I don't think it could hurt. Honestly I think you'd be ok without it, but sometimes it never hurts to have a little extra piece of mind. Plus it proves to them that you've done your homework too. :)
TracyTNFemaleUnited Kingdom2010-04-21 10:27:00
Removing Conditions on Residency General DiscussionA few questions before I file by myself

Hello all,

In a few weeks, I'm planning to file for removal of conditions by myself, since my husband passed away in early spring. The questions that have popped up recently are:

1- For the cover letter, does anyone know if there is a specific law I can reference that applies to my circumstances (e.g. "I am eligible under XXX Section 123")?

2- Do you think it would be advisable for me to use a lawyer - is a denial likely in death-related cases, or is this doable by oneself?

3- If they do deny the I-751, could I file an I-360 (which is the "GC-for-widows-of-USCs" process) as a backup plan?

4- Your input on the evidence would be appreciated as well. We had been married only a year (and dated a year before that), so there isn't as much evidence as you'd have after two, but I've got the following:

  • rental agreement with both names
  • joint bank account statements
  • used check copies with both names
  • joint tax transcript for 2009
  • life insurance policies with each other as beneficiaries
  • car insurance with both names
  • health insurance for us both
  • 50+ pages in medical statements showing both names
  • my pay stubs showing married status
  • two affidavits from his family
  • personal letter from me, explaining the situation
  • death certificate with my name
  • funeral home invoice in my name and credit card statement showing the charge
  • cards and emails from family and friends, e.g. condolences
  • correspondence of me keeping our friends updated on his health
  • photo of me at the hospital with him, photo of me at the memorial service
  • photos of our wedding, and others of us with both sets of parents
  • both driver's licenses show our current address
  • many envelopes showing both names, or one of our names but always same address


I'm so sorry for your loss. I'll try to help as best I can.

1.) I do remember it being part of the Immigration and Nationality Act (aka INA). This may also help: http://law.justia.co...2.20.0.1.5.html

As you've probably figured out, Part 2 of the form is essentially where you 'claim' the waiver, and of course you would check box C to indicate that your spouse passed away. Just mention in your cover letter that you are applying with a waiver since the USC has died.

2.) Personally I think this one is do-able on your own. But as always, if you'd feel more comfortable having an immigration attorney give it the once over, that's not a bad idea.

3.) I'm actually not sure on this one, but I would presume so. See if others here are smarter about this than me (quite likely!) or if you do speak to an attorney, run it by them too.

4.) I think that looks great, though check the guide on VJ for removing conditions - there may be something they list there that you realize you have and could use, too. Utility bills spring to mind, though you may not have some of those in both names.

*edited for typo*

Edited by TracyTN, 21 April 2010 - 10:12 AM.

TracyTNFemaleUnited Kingdom2010-04-21 10:12:00
Removing Conditions on Residency General DiscussionRFE in mail today - how depressing

I didn't emphasize that she's never been out of the US for more than 6 months at a time, most recently was with me in NYC in April, and has never had a POE issue. She'll be here in the summer, and we'll be happy and available for the chance at an interview. Thanks for the additional good ideas. Keep them coming.


This could make a difference - but I still think there's a risk of them viewing her as a non permanent resident. Though I hesitate to mention this because it will be seen as 'not supporting' you.

Good luck - let us know what happens.
TracyTNFemaleUnited Kingdom2010-05-19 10:46:00
Removing Conditions on Residency General DiscussionRFE in mail today - how depressing
You can only send what you can send - but with the others, I think you have a large hill to climb.

The green card is so your wife can be a legal permanent resident; while they may be questioning the voracity of your married life in that RFE, I still think the fact that she's really not residing here is going to rear it's ugly head almost more than anything. Unfortunately, there are things you must to do maintain your permanent resident status - I'd have a read of this:

http://www.uscis.gov...000082ca60aRCRD

I hope you'll be ok by sending back what you send back - but honestly, I'd start preparing myself for the possibility that she could be denied.
TracyTNFemaleUnited Kingdom2010-05-17 15:21:00
Removing Conditions on Residency General DiscussionHelp!!!! I-751 still pending after interview
Maybe start your own thread instead of hijacking someone else's?
TracyTNFemaleUnited Kingdom2010-05-19 11:35:00
Removing Conditions on Residency General DiscussionWhy only US Citizen signature on Cover letter?

AOS is filed by the petitioner only.
ROC is filed jointly by petitioner and beneficiary.
N-400 is filed by the beneficiary only.

Thus, the cover letter of the I-751 and the introduction should clearly state that both petition jointly, and thus both will sign jointly.


Yes, the alien and USC spouse both sign the I 751 in the event you are filing jointly. Our cover letter did state that the filing was based on our marriage, but I didn't sign that letter. Clearly it's fine if both do sign the letter, but it's not a requirement.

*edited for clarity*

Edited by TracyTN, 21 May 2010 - 01:59 PM.

TracyTNFemaleUnited Kingdom2010-05-21 13:57:00
Removing Conditions on Residency General DiscussionWhy only US Citizen signature on Cover letter?

Both of us signed it since it is a joint application, but I also did not use the cover letter from here.


It's only joint in the sense that the alien is removing conditions based on the ongoing marriage to the USC. But it is ONLY the alien's application.
TracyTNFemaleUnited Kingdom2010-05-21 12:38:00
Removing Conditions on Residency General DiscussionWhy only US Citizen signature on Cover letter?
I never noticed that about the example. Seems odd to me, as the application is solely the alien's. My hubby signed his - I did not (I'm the USC).
TracyTNFemaleUnited Kingdom2010-05-21 11:50:00