ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionUSCIS processing update should be soon
May 2, 2011 as of November 30 for VSC... blech!
Stephen + ElishaMaleSouth Korea2012-01-25 14:04:00
Removing Conditions on Residency General DiscussionHow much proof when removing conditions?
You don't have to add him to any one particular thing, be it the life insurance, mortgage, etc. What USCIS will be looking for is evidence of your common life together, which includes intermingling of finances. Obviously the more you have, the better. But you may well have legitimate reasons for not adding him to some particular thing. If the totality of your evidence is good, he won't be denied because you don't have this or that particular thing together.

Having him on the health insurance is a good start. Joint bank account and car insurance will be helpful too. If you have a 401(k) or other retirement plan, you can add him as your beneficiary.

As for the house, you don't necessarily need to add him to the mortgage. You may be able to add him to the title without affecting the mortgage by filing a warranty or quitclaim deed transferring title from yourself to yourself and him as joint tenants. Even if you sell the house later, a copy of that deed from the local land records would be another piece of evidence you can use.

Finally, check the VJ guide to removing conditions. It has a pretty comprehensive list of evidence you can use.
Stephen + ElishaMaleSouth Korea2012-01-26 12:51:00
Removing Conditions on Residency General Discussionremoval of temporary residency

thanks. Can one travel out of the US with the NOA1 (Receipt Notice)? Will you have a problem returning, if you are out of the US briefly?

Yes, you can travel. No, you should have no problem returning. Quoting directly from the receipt notice:


Your conditional resident status is extended for a period of one year. During the one year extension you are authorized employment and travel.





Stephen + ElishaMaleSouth Korea2012-01-27 16:27:00
Removing Conditions on Residency General Discussionremoval of temporary residency

How does one justify his stay in the US after the 90 days, if the application will take about 4-6 months ideally?

When you submit your I-751 petition to remove the conditions on residency, USCIS sends you a Receipt Notice (often called NOA1 around VisaJourney). That receipt notice automatically extends your conditional residence status for 1 year while the I-751 is being adjudicated. That notice, together with your expired green card, constitute proof of legal presence until 1 year after the expiration date on the green card.

Edited by Stephen + Elisha, 27 January 2012 - 03:44 PM.

Stephen + ElishaMaleSouth Korea2012-01-27 15:44:00
Removing Conditions on Residency General DiscussionDetails about Lifting conditions
Posted Image

Step-by-Step Guide on Removing of Conditions (Form I-751)

Stephen + ElishaMaleSouth Korea2012-01-28 23:17:00
Removing Conditions on Residency General Discussionwhich way to mail 751 package.
Ours fit into a standard-size flat rate envelope as well. I keep a supply of the legal-sized ones on hand just in case, though; they're good for shipping books and other things at the flat rate envelope price.
Stephen + ElishaMaleSouth Korea2012-01-28 20:07:00
Removing Conditions on Residency General Discussionwhich way to mail 751 package.
We sent ours via Priority Mail with Delivery Confirmation. Didn't see any sense in paying for overnight delivery for something that's going to take the better part of a year to process. :)

Speaking of Priority Mail...

Pro Tip 1: As long as you have access to a printer, go to USPS.com to pay and print your mailing label online. They automatically check the address (and correct it if necessary), you get a discount from the standard "retail" rate, and they throw in delivery confirmation for free.

Pro Tip 2: When you're shipping large documents (like, say, an ROC package), order Priority Mail Flat Rate Legal-size envelopes. They generally don't have them at the post office, but you can order them for free at the USPS website. You can fit a lot more documents in one due to the extra length.
Stephen + ElishaMaleSouth Korea2012-01-28 19:15:00
Removing Conditions on Residency General DiscussionRemoving of conditions question. When is the best time to file?
You're within the 90-day filing window. They won't send it back.
Stephen + ElishaMaleSouth Korea2012-01-29 06:01:00
Removing Conditions on Residency General DiscussionDo the I-751 Affidavits need to be notarized?
Affidavits should be notarized—and with a jurat, not just an acknowledgement. The example affidavit in the VisaJourney Example Forms library provides the correct format.
Stephen + ElishaMaleSouth Korea2012-02-03 13:58:00
Removing Conditions on Residency General DiscussionTax Transcripts
When I ordered transcripts for the K-1 process, I used the phone number. They showed up in the mail in about a week. When I ordered them for ROC, I used the website. They likewise showed up in about a week.
Stephen + ElishaMaleSouth Korea2012-02-06 11:14:00
Removing Conditions on Residency General DiscussionRFE
Big items that you'd want to include if you haven't already:
  • Federal tax filings showing married filing status (ideally, married filing jointly) covering the whole period of your relationship from your marriage to the present. Tax transcripts are better for this purpose than tax return copies, as the transcripts prove that the returns were actually filed with the IRS. Assuming you got married in 2009, you'd want to submit tax transcripts for 2009 and 2010 (2011 too if you've filed already, but most people probably haven't)
  • Evidence of joint domicile: this would include mortgage, deed, or lease documents with both your names on it
  • Other evidence of financial commingling: joint bank accounts, insurance, 401k, etc.
One important thing to note is that the evidence should cover the entire period of your marriage. For example, one joint bank account statement only proves that you had an account together for one month. Several statements from various dates show that you've held the account together for a period of time. So would a letter from your bank.

As A&B noted, being more specific as to the nature of your RFE will most likely yield more helpful answers.
Stephen + ElishaMaleSouth Korea2012-02-06 21:12:00
Removing Conditions on Residency General DiscussionJoint Tax Return
You're better off requesting (free) tax return transcripts from the IRS. These are preferred as evidence over tax return copies because they prove that you actually filed with the IRS, not just filled out the forms.

Info on obtaining transcripts: http://www.irs.gov/i...tml?portlet=105
Stephen + ElishaMaleSouth Korea2012-02-07 11:23:00
Removing Conditions on Residency General DiscussionPassport photos for I-751
You only need to include passport-style photos if you're filing the I-751 from overseas while living abroad on US military/government orders. Otherwise, they take your photo at the biometrics appointment.
Stephen + ElishaMaleSouth Korea2012-02-07 10:23:00
Removing Conditions on Residency General DiscussionQuestion about DIVORCE, SEPARATE TAX FILING and ROC
deleted

Edited by Stephen + Elisha, 09 February 2012 - 01:14 AM.

Stephen + ElishaMaleSouth Korea2012-02-09 01:13:00
Removing Conditions on Residency General DiscussionInclude Child Biometrics with one check?
If the child is on the same I-751, you can combine all fees into a single check.
Stephen + ElishaMaleSouth Korea2012-02-09 17:19:00
Removing Conditions on Residency General Discussioni-751 submitted (2 questions)
There's no reason for you to file a new I-864. You can't change your sponsor after you adjust status.
Stephen + ElishaMaleSouth Korea2012-02-09 07:29:00
Removing Conditions on Residency General DiscussionTravel while Green Card Removal of Conditions is Proccessed

I know a lot of people that have travelled in this process, via air, came back into the country and handed over their greencard, and then was given it back before they could even show them the extension letter with no problems... their green card electronic information once scanned must have shown the updated date and that they had received an extension.


Yeah, the updated information should show up in the CBP database as soon as the immigration officer at POE scans the green card. Where I suspect people might have trouble without the original letter is at airline check-in. They always check travel documents to make sure the passenger will be able to get into the country to which they're traveling—because the airline is responsible for returning anyone who's denied entry to their point of origin.
Stephen + ElishaMaleSouth Korea2012-01-28 19:09:00
Removing Conditions on Residency General DiscussionTravel while Green Card Removal of Conditions is Proccessed
If you use your NOA1 (I-751 Receipt Notice on Form I-797) with the expired green card as proof of your status for travel, make sure you bring the original. Others have posted here of having trouble at the airport due to having only brought a photocopy.
Stephen + ElishaMaleSouth Korea2012-01-28 12:51:00
Removing Conditions on Residency General Discussionmoney order

if you are talking about the money order to send in with your roc application, you can send in one moneyorder for the total amount. if i am right, the money order has to be from a bank and not a post office money order.


Postal money orders are acceptable. USCIS requires that money orders be "drawn on U.S. financial institutions": http://www.uscis.gov...00045f3d6a1RCRD

The USPS is a U.S. institution. Its money orders are forwarded through the Federal Reserve Banking System: http://pe.usps.gov/t...503.htm#1150680
Stephen + ElishaMaleSouth Korea2012-02-10 13:13:00
Removing Conditions on Residency General DiscussionAre affidavits from family or friends important?

I don't know why even USCIS accepts it in the first place.


Well, if it's a real affidavit, it's sworn under oath under penalty of perjury. People will lie for their friends/family, but prison and fines will generally make them think twice.
Stephen + ElishaMaleSouth Korea2012-02-11 15:28:00
Removing Conditions on Residency General DiscussionAre affidavits from family or friends important?
The evidence of common residence and financial commingling are the most important pieces for ROC. Make sure the evidence covers the entire period of your marriage. If you have plenty of that (and it sounds like you do), affidavits are not really necessary. Affidavits mostly come into play when the couple's other evidence is thin.
Stephen + ElishaMaleSouth Korea2012-02-11 15:07:00
Removing Conditions on Residency General Discussionpassport size photos
Submission of passport-size photos with the I-751 is only required when filing from outside the United States while living abroad on government orders. Otherwise they're not necessary.

Edited by Stephen + Elisha, 13 February 2012 - 04:02 PM.

Stephen + ElishaMaleSouth Korea2012-02-13 16:02:00
Removing Conditions on Residency General DiscussionRFE Received
If the car registration is in your name only, skip it. If it doesn't have both your names, it's not meaningful as evidence.
Stephen + ElishaMaleSouth Korea2012-02-14 00:28:00
Removing Conditions on Residency General DiscussionIt is OK to staple I-751 submission documentation?

Whoever says "the signature confirmation delays the receipt of your applications", I dare them to show evidence because it does not. The express mail with a signature confirmation is guaranteed delivery, no delays at all.


You obviously don't understand how signature confirmation and post office boxes interrelate. The post office guarantees no delays in delivery. They cannot and will not be held responsible for the availability of the recipient to take delivery. If you require a signature, the recipient must take delivery in person. When you send something to a post office box and you've required the post office to obtain signature confirmation, they cannot simply deliver the item to the post office box. Instead, the post office leaves a notice in the box stating that the recipient has a mailpiece that requires a signature. The recipient must then pick up that mailpiece and sign for it.

Now think about this for a minute. The USCIS service centers receive hundreds if not thousands of mailpieces every day. If someone at the post office thinks to notify the person picking up the USCIS service center mail that there are signature-required pieces waiting, they may not lose a day. But this assumes that both USPS and USCIS are on the ball. We're talking about two government agencies here. Seriously.

So if the postal clek doesn't tell the USCIS person that there are signature-required pieces waiting, then the mail just gets taken out of the PO box and back to the service center for sorting. In that case, they won't realize they have signature-required pieces back at the post office until they've started sorting the mail from the PO box and put aside the notices. Then their options are either to go BACK to the post office that day or (more likely) pick up the items the next day. Voila, there's your lost day—"guaranteed delivery, no delays at all" notwithstanding.
Stephen + ElishaMaleSouth Korea2012-02-16 10:07:00
Removing Conditions on Residency General DiscussionIt is OK to staple I-751 submission documentation?

Save money, and use Priority Mail with confirmation. The package is going to take months to process, so why spend the extra $15 just to get it a day sooner. By the way, requiring a signature will add another day or two to the processing, as they can't get a signature to release the package until the next business day.


The OP stated that the GC expires February 16. Monday is the 13th. If we were in that situation, I think we'd spend the extra $15.

Again, if you do use Express Mail, make sure you don't require a signature on delivery. On the older Express Mail labels (like the one I posted above), you had to tick the "Waiver of Signature" box and sign below it. Apparently on Express Mail labels printed after January 2012, they've reversed it and you now have to tick a box if you want a signature. Read the form carefully and make sure you're not asking for a signature on delivery or you're liable to waste a day.
Stephen + ElishaMaleSouth Korea2012-02-11 22:13:00
Removing Conditions on Residency General DiscussionIt is OK to staple I-751 submission documentation?
USPS Express Mail requires a signature upon delivery by default. There's an option on the form for "Waiver of Signature." Check that box and sign underneath.

Posted Image


You will still be able to confirm that the package was delivered to the PO box through the "Track and Confirm" service. As others have correctly stated, requiring a signature can cause delays. It doesn't always happen, but it can and has.

Edited by Stephen + Elisha, 11 February 2012 - 03:25 PM.

Stephen + ElishaMaleSouth Korea2012-02-11 15:19:00
Removing Conditions on Residency General DiscussionCase Status Not Showing

If you read the NOA 1 it clearly states that you cannot check until after biometrics is completed and by using the number on the biometrics sheet.


It clearly states that you use the number on the biometrics appointment notice, but it says nothing about being unable to check until after biometrics is completed.

Upon receipt of your ASC appointment notice, you can find the status of your case on-line at www.uscis.gov. To view the status of your case, enter the application number found at the top of the ASC appointment notice.


That being said, we weren't able to check our status right away upon receiving the biometrics appointment notice. It took a few more days for it to show up in the system, but it's there now?and our biometrics appointment isn't until March 1.

Edited by Stephen + Elisha, 18 February 2012 - 09:21 AM.

Stephen + ElishaMaleSouth Korea2012-02-18 09:18:00
Removing Conditions on Residency General Discussionjoint vs divorce
The answer to this question probably depends a great deal upon the state of your relationship with your spouse. Obviously the marriage is breaking up, but are you parting on amicable terms or is it contentious? Consider that if you file for ROC jointly, your spouse would need to sign the application with you and appear with you at any potential interview (not everyone gets interviewed for ROC, but it can and does happen). Is this something your spouse would agree to do? If you have doubts about the cooperation on a joint filing, you probably need to get the divorce under way so you can file under the waiver provisions.

In addition, Leatherneck's advice above is good. Start gathering your evidence now.
Stephen + ElishaMaleSouth Korea2012-02-18 09:29:00
Removing Conditions on Residency General DiscussionCR1 please give me your opinion

You can apply to (get your 10 year Green Card) 'remove conditions' 90 before your card expires. Apply to ROC before your card expires, do not wait.


You've misunderstood the question. The OP holds a CR1 visa, she has not yet entered the United States. This April 8th is her second wedding anniversary. She's asking whether it's advisable to defer her entry until April 8 or after so that she can get a 10-year GC and avoid the ROC process.
Stephen + ElishaMaleSouth Korea2012-02-17 09:00:00
Removing Conditions on Residency General Discussiongreen card expired over a year...
If you don't have a valid foreign passport, USCIS will affix the temporary I-551 stamp to a blank I-94 along with a passport-style photo of the bearer to serve as a temporary green card.


I-551 image

Stephen + ElishaMaleSouth Korea2012-02-21 16:57:00
Removing Conditions on Residency General DiscussionI-751 DENIED !! :(
On the other hand, an I-751 denial automatically leads to the beginning of removal proceedings. Your best bet may be to skip the motion (and the $600+) and renew the application in front of the Immigration Judge at the hearing. Has your wife received a Notice To Appear yet?

At this point, your money may best be spent on retaining an immigration lawyer with experience in removal proceedings and appeal processes.

Edited by Stephen + Elisha, 09 February 2012 - 11:07 PM.

Stephen + ElishaMaleSouth Korea2012-02-09 23:06:00
Removing Conditions on Residency General DiscussionI-751 DENIED !! :(
Why would you file the I-751? You're not starting a new application, you're submitting a motion to reopen the old one that they denied due to "abandonment."

Send the I-290B. Send copies of everything you sent in response to the RFE. Send proof that it got there in time. Explain all this in the space provided on the I-290B.

I would also add that if you're having this much trouble with this, a lawyer might be a good investment.
Stephen + ElishaMaleSouth Korea2012-02-09 22:30:00
Removing Conditions on Residency General DiscussionI-751 DENIED !! :(
Send copies of all the evidence you submitted in response to the RFE (you did make a copy of the packet before mailing it.... right?). Also submit the signature confirmation information from USPS showing that your RFE response was received within the allotted time.
Stephen + ElishaMaleSouth Korea2012-02-09 22:26:00
Removing Conditions on Residency General DiscussionI-751 DENIED !! :(

now on the form what do i select though ?

appeal or motion

??


The denial notice tells you what your option is.

"motion to reopen" -> check "Motion"
Stephen + ElishaMaleSouth Korea2012-02-09 22:20:00
Removing Conditions on Residency General DiscussionI-751 DENIED !! :(
Even if the OP sent his response the day before it was due, it should have been fine. Per USCIS guidelines:



The regulations state that when an RFE is served by mail, the response is timely filed if it is received no more than three

days after the due date. 8 CFR 103.5a(b).


I suspect there's more to this than we've been told. Perhaps the RFE response was sent to the wrong address, or the original RFE form wasn't sent in with the response.
Stephen + ElishaMaleSouth Korea2012-01-27 15:34:00
Removing Conditions on Residency General DiscussionI-751 DENIED !! :(

ok so i just found the receipt.....

acceptance date 11/2/11
11/3/11 so i am guessing they got it on the 4th scheduled date of delivery"

but this one doesnt have the tracking code ...this one is just my information and a stamp...

ok just found the white receipt now it says "SIGNATURE REQUESTED but i never got anything back"

So you found the receipt with the tracking number? When was the package delivered to USCIS? If you can prove that it was in their hands on the 3rd, then you'd have grounds for the motion to re-open/reconsider.

Can the OP simply refile? The letter did say that "This denial is without prejudice to the filing of a new form I-751." There are two problems, though:
  • The letter also said that the permanent residence status was terminated as of the date of the letter. I'm not sure if you can remove conditions from a status that's been terminated.
  • Any new I-751 petition will almost certainly be an untimely filing, as the I-751 must be filed within the 90 days prior to expiration of the conditional green card.
At a minimum, if the OP refiles, the new I-751 will have to include the information requested in the RFE as well as a request to excuse the late filing explaining the circumstances.


Another factor to consider is that the denial may also lead to the beginning of removal proceedings. USCIS may issue a Notice to Appear (NTA), in which case the OP may have to renew the I-751 application before an immigration judge (IJ).


Sounds to me like the OP needs an immigration lawyer.

Stephen + ElishaMaleSouth Korea2012-01-27 13:05:00
Removing Conditions on Residency General DiscussionUSCIS sent a reminder to file I-751
USCIS regulations say they're supposed to send one, but it seems to be very hit-or-miss. If they sent one to us, it must have gone to our old address (despite having filed AR-11 for her and I-865 for me).
Stephen + ElishaMaleSouth Korea2012-01-28 19:03:00
Removing Conditions on Residency General DiscussionI-751 RFE
By all means send it to the address printed on the RFE. It makes perfect sense that they'd keep incoming RFE responses separate from new applications.
Stephen + ElishaMaleSouth Korea2012-01-24 12:06:00
Removing Conditions on Residency General DiscussionUnable to open joint bank accounts

Have you tried going to a completely new bank and open a joint checking account? There is usually no issue at all, debt or no debt.


Not necessarily, thanks to ChexSystems.
Stephen + ElishaMaleSouth Korea2012-10-31 12:13:00
Removing Conditions on Residency General DiscussionExperienced Problem Traveling while I-751 Pending
If it continues to bother you, you could FOIA your A-file after your ROC is complete and see if anything in there suggests a reason for the questions they were asking...
Stephen + ElishaMaleSouth Korea2012-10-31 23:43:00