ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionTransferred to Canada - Can We Still File?
Good luck and enjoy your new life in Canada. It is a great country in which to live and work. If and when you decide you want to return to the US, you can re-petition her.
Kathryn41FemaleCanada2013-01-24 00:16:00
Removing Conditions on Residency General DiscussionTransferred to Canada - Can We Still File?
You may find that she has lost her green card by moving to Canada. One of the requirements of maintaining permanent resident status is to remain resident in the US. Taking up residence in another country means she no longer satisfies the requirements of being a permanent resident. Since you have moved to Canada USCIS would more than likely view her as giving up her residence in the US. The only option you might be able to use is if the relocation is considered temporary - less than 2 years. She can apply for special permission to be out of the US for those two years. This should be applied for prior to leaving the country, however, so USCIS may not allow it. It is also no guarantee that USCIS will agree that she has not abandoned her status, but if you have maintained all of your residency ties in the US - house, bank accounts, DL, vehicle licenses - and the job in Canada is a contractual one for a specified period of time for less than 2 hears - you might be successful.

The Canadian Immigration lawyer may know Canadian immigration law but does not know US Immigration law. There is no way to put her visa status 'on hold'. When her two year card expires, her status expires. It cannot be extended. In order to remain a Permanent Resident, she must apply to remove her 'conditional status' by submitting the I-751 form supported by the documents that prove you two have a valid marriage. It may be a moot point, however, because if you are not residing in the US, she may be considered to have abandoned her permanent resident status in the US.

If you intend to be in Canada for a while, it is probably easier for you not to file to remove conditions as it would probably be a waste of money. When you decide you wish to return to the US - if ever - then you can apply for another IR-1 visa which should pose no difficulties for either of you.
Kathryn41FemaleCanada2013-01-20 17:05:00
Removing Conditions on Residency General Discussioni-751 waiver interview
From what I read in the quoted material, the Field Adjudicator assigns a Fraud level, so that indicates all petitions receive a fraud level A, B, or C. The District Office decides what percentage of each category they wish to interview. For category C, they could interview as few as 10% of the applicants or as many as 50% of the applicants. The adjudicator enters the fraud level into the computer and based on what the District Office decides, the computer will select those petitions not already identified for an interview, to interview for statistical purposes so they meet their 10% or 30% or whatever percentage level.

Since no one in level C requires an interview, but the District Office is required to interview at least a minimum of 10% of the applicants, those who are selected for interview are randomly selected by the computer for statistical purposes only and their selection has nothing to do with anything in their petition.
Kathryn41FemaleCanada2013-01-27 21:32:00
Removing Conditions on Residency General Discussioni-751 waiver interview

Where did you bring this from, Do you have any reference for that ??


Ok, found it:

If an interview is deemed necessary, the case is sent to the Service Center's Adjudications Unit and given to an adjudicator to assign a fraud level. The fraud levels of A, B, and C are assigned to the I-751 based on the documentation submitted with the application. If the adjudicator is fully satisfied that the case is approvable, then a fraud level of C is assigned. If the adjudicator is less than fully satisfied, but still feels that (based on the information available at the time) the case can be approved, then a fraud level of B is assigned. If the adjudicator has serious concerns about the approvability of the case and/or wants the applicant and the spouse to be interviewed, then the case would be assign ed a fraud level of A.

· Reasons for Assigning Fraud Level C. If you assign a fraud level C, it means that there are no technical problems (signatures, missing information, lack of evidence, etc.) and you think the case is approvable (no interview necessary). All required supporting documents are attached and there is no indication of fraud that can be identified in the documents or through the biographic data of the parties involved.

· Reasons for Assigning Fraud Level B. Fraud level B cases are those cases which have no technical problems that need correction and have the minimum number of proper supporting documents, but there is something, or an absence of something (which you may or may not be able to articulate) that creates suspicion about the bona fides of the marriage, the veracity of the evidence, etc. The reasons for suspicion are so varied that a concise list cannot be made. An example would be where the I-751 is supported by t he minimum required number of documents, however the documents are all of recent origin. Remember, though, that a level B case will be approved if the computer randomly does not assign the case to an interview slot, so do not assign a fraud level B if the application and /or supporting documents are insufficient to approve the case.

· Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

- the petitioner fails to sign the form;
- there is insufficient evidence;
- a large age difference exists between the spouses;
- the married couple is not living together;
- a prior I-751 was denied;
- the petition was filed untimely without a good reason for being late; or
- any other reasons as the service center director may determine.

(3) Entering Cases in the Computer . Once the fraud level is determined, the adjudicator enters the case in the MFAS data base. The district office assigns a percentage to each fraud level. All fraud level A cases are interviewed. The responsible officer (usually the ADDE) in the district offices may choose to interview between 30% to 100% of all fraud level B cases; and between 10% and 50% of all fraud level C cases. After the case is entered in MFAS, the adjudicator enters the fraud level and the computer determines if the case will be sent for interview depending on the percentage of cases the district office wants to interview.


http://www.uscis.gov...0-0-0-8760.html The Adjudicator's Field Manual Section 25.1 "Immigration Marriage Fraud Amendments 1986"

The whole linked section of this document will be of interest to anyone applying for Removal of Conditions.
Kathryn41FemaleCanada2013-01-27 21:11:00
Removing Conditions on Residency General Discussioni-751 waiver interview
This is valid. I believe the original material is in the USCIS Field Adjudicator's Manual but I would have to go and verify the exact location again. It has been posted here a number of times over the years.

Here is the link to the Field Adjudicator's Manual: http://www.uscis.gov...190aRCRD&CH=afm

Edited by Kathryn41, 27 January 2013 - 08:47 PM.

Kathryn41FemaleCanada2013-01-27 20:45:00
Removing Conditions on Residency General DiscussionBiometrics appointment notice. Need advice.. :(
You should be fine at the ASC. They can use the barcode and they should also have you listed as having an appointment. Make sure you bring your green card and you could also bring your NOA1as well as further verification you are the right individual. If you are really concerned and it isn't too far of a drive, you could stop in at the ASC before your appointment, explain everything to the guard and ask him if they will allow you to do the biometrics on your appointment date or if you need to request another letter. I had to reschedule a biometrics appointment and there wasn't enough time between getting the notice and the date so that is what I did. The guard was very helpful and I hand delivered my request for a new date.
Kathryn41FemaleCanada2013-01-24 00:20:00
Removing Conditions on Residency General DiscussionHow long to receive green card after biometrics
To clarify, the OP is at the Removal of Conditions stage, not the Adjustment of Status stage. The application the OP submitted was not the I-485 but the I-751, thus the confusion.

Since the question is about the validity of the documentation used for travel related to the I-751 Removal of Conditions petition rather than about the travel itself, I am also moving this thread to the Removal of Conditions forum.
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Yes, the letter of extension/NOA receipt for the I-751 Removal of Conditions petition is proof of the one year extension of the current conditional green card's validity. You need to carry both the original letter (leave a copy of it at home and you can carry copies with you, but have the original with you for presentation at the airport) and the expiring/expired green card and show them together. The extended date is one year after the expiry date on the green card so both need to be presented. Together they act as one document that verifies your wife's legal status in the US. She will need both the green card and the original extension letter to board the plane from the Philippines back to the US.

Approval for the ROC can take anywhere from a month or so after biometrics up to a year. It is hard to predict in which category your wife will fall. The majority are taking several months after doing biometrics at this time.
Kathryn41FemaleCanada2011-12-28 17:46:00
Removing Conditions on Residency General DiscussionI-751 Evidence
Include statements from both of your bank accounts. On his, highlight the bills paid for utilities, rent, etc. - anything on your joint living accommodations. Provide evidence that you both share that address. Your different bank statements should have the same address on them but with each of your names. You can write a cover letter explaining your financial arrangements so you address any questions that might come up straight on.

If you have correspondence sent to the two of you - envelopes for anniversaries or Christmas cards or anything like that - slip a few of those in as well, showing you are socially perceived as a married couple living at the same address. Do either of you have a magazine subscription sent to your address? Do you have your pet microchipped and the two of you listed as co-owners? You may also wish for the account that your husband does have on his own to have you listed as 'payable on death'. That means you are not a joint owner, but if anything happened to your husband, you would then become the owner of that account. It is a smart planning move, estate wise, plus the bank could then provide you with the statement that you are POD on that account. (You just need to go to the bank and request that they add your name this way). What about a safety deposit box? You could get one in both of your names. What about a joint or family phone plan? Have you any medical Benefit statements on his insurance showing you were covered for a doctor's visit or a prescription listing your name as the covered family member? Are either of you listed with the other's employer as the 'emergency contact'? If not, that should be easy to do and you might be able to get a statement for that from your respective employers. What about wills? You may wish to write your wills and list each other as beneficiary or as executor and beneficiary. If either of you use your credit cards to pay for things for the house or your life together (family gym membership, etc.) you could include a statement highlighting the expense. At the very least, a credit card statement from each of you showing the same address would be useful, especially as his driver's license address doesn't match yours.

You may want to try and find these types of 'other' evidence that shows you are both living together and recognized as a married couple since your finances are not as co-mingled as other couples may be. Just try to fill in the gaps, and that along with the evidence that you do have should be enough to put you over the top. Good luck.

Edited by Kathryn41, 03 March 2013 - 12:22 AM.

Kathryn41FemaleCanada2013-03-03 00:13:00
Removing Conditions on Residency General DiscussionFastest way to get a tax return transcript
No, the tax transcript won't be available immediately after filing. You will need to file then wait until you hear that the return has been accepted and processed. Once it is processed it may take a week to 10 days before the transcript is ready - that was our experience a few years ago. You can always ask that question at the IRS, though. They will know.
Kathryn41FemaleCanada2013-03-03 00:27:00
Removing Conditions on Residency General Discussionbiometrics app trouble
You should be able to do a walk in appointment. Go on a day when you are available before the scheduled date, bring what is requested, explain that you have a conflict with the assigned appointment that you can't change without a great deal of trouble and expense and ask if they would be willing to let you do the biometrics at that time. They will probably say yes. If they say no, then you will just ask them to accept your request for another biometrics appointment because you are not going to be able to make the scheduled one. It shouldn't be a problem.

I had to reschedule a biometrics appointment I received two days before we were leaving for a Christmas vacation. The appointment was scheduled for the day before our return. I hand delivered my request for a different appointment date to the Application Support Center (didn't know I could request a walk-in!) and it was no problem. The biometrics was rescheduled for 3 weeks after the original date.
Kathryn41FemaleCanada2013-03-03 00:31:00
Removing Conditions on Residency General DiscussionI-290B
Topic has been moved from the AOS forum to the Removing Conditions on Residency forum as this is the level the OP and his wife are involved at.

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moderator hat off . . . I agree with Harpa. Make an infopass and bring your evidence that you returned the requested information before the deadline to the appointment. If it is their error you shouldn't be penalized by having to apply to re-open a case that should never have been closed to begin with and your wife losing her authorization to work. Good luck.

Edited by Kathryn41, 06 March 2013 - 11:03 PM.

Kathryn41FemaleCanada2013-03-06 23:02:00
Removing Conditions on Residency General DiscussionNeed a Serious Advise-Removal of Conditions
Topic has been moved to Removal of Conditions forum. Audrynicolle, you might want to update your profile from AOS (pending) to Removal of Conditions (pending). You should get some good suggestions from people now that your post is in the correct forum :yes: .
Kathryn41FemaleCanada2013-03-08 23:35:00
Removing Conditions on Residency General Discussioncase updated today. Confused. Pls help!!!
Topic has been moved from the AOS forum to the Removal of Conditions forum as a more appropriate location for this discussion.
Kathryn41FemaleCanada2013-03-14 10:26:00
Removing Conditions on Residency General DiscussionLost Green Card (expired) & International Travel
The airlines dealing with US entry will recognize the I-551 stamp. The green card is actually the I-551 form so you have a stamp that takes the place of the hard copy form. You should be fine.
Kathryn41FemaleCanada2011-04-02 20:40:00
Removing Conditions on Residency General DiscussionNo NOA1 arrived... SOLVED!
Thanks for the update. Yes, I had the same thing happen when I filed for ROC. I never received an NOA1 so I too got the I-551 stamp placed in my passport extending my green card status for a year.
Kathryn41FemaleCanada2011-03-26 17:39:00
Removing Conditions on Residency General DiscussionRenewing Driver's License with extension letter-
Give it a try. I have heard rumours that Texas does not recognize the I-551 stamp just because it is not a card, but I don't know for sure. It really is ridiculous. Surely they can do a check like Social Security does on the A number to ensure it is valid and that would resolve problems all around. Good luck.
Kathryn41FemaleCanada2008-06-26 18:23:00
Removing Conditions on Residency General DiscussionRenewing Driver's License with extension letter-
Actually yes they do. They require proof of their US citizenship or their proof of legal US residency.

And yes, the green card status doesn't expire - but the DMV requires the physical proof that the status hasn't expired - and they have been notorious about not accepting something unless it is specifically listed on their list of acceptable documents - and the extension letter isn't listed. Thus, the problem - having proof that they accept.
Kathryn41FemaleCanada2008-02-26 20:20:00
Removing Conditions on Residency General DiscussionUrgent travel overseas before biometrics - I-175

Thanks Kathryn, the information is much appreciated. I did just go to the USCIS website to schedule an infopass appointment but it seems that I would need to tick the option: Case Processing Appointment - If you received a notice to go to your local office for further case processing. Since I do not yet have this (the biometrics appointment notice) and none of the other options apply, I'm not sure if I'm eligible or if they can even help?

Re the mail issue - the idea of going to the local postmaster and explaining the situation and asking them to forward USCIS mail under the circumstances is an excellent idea...they may be sympathetic! If I can get the information via someone opening my USCIS mail and letting me know, I had thought to just request another appointment once I have a case number and appointment date (I believe you can do this up to 3 times?) This may carry me through until I can get back...

I'm wondering though, if anyone knows about the consequences of leaving the US before the biometrics have been done and whether the failure to go to a scheduled appointment would automatically annul the ROC application?


The categories for the Infopass are rather limited, but you do qualify and you are allowed to make one. Since the matter does relate to an appointment scheduling, even though you haven't received the notification yet, I would choose that one. You could also try one of the other ones if an appointment for that option isn't available within your time limitations. The important thing is to get an appointment where you can speak with an immigration agent. Some offices even have kiosks within their lobbies where you can try to make a walk-in appointment, so if all else fails, you can try that.

The biometrics letter states that if you miss the appointment and have not contacted them about it, then the case is considered abandoned. While you might be able to get it re-opened if that happens, it would still be a major hassle and would cause problems if you were outside of the US at that time. You definitely don't want that to happen. Hopefully you will be able to get it addressed at the Infopass, and with the Post Office. As long as you know that the biometrics letter would reach the person receiving your mail, they could then open the letter and send back a request for a rescheduled appointment, requesting a date for after your return. Try to leave a copy of your flight information print-out along with the reasons for your trip out of the US with this person so they can include a copy with the request for rescheduling. I would do this even if you do end up making that infopass appointment as a fall back security option.
Kathryn41FemaleCanada2010-10-09 12:56:00
Removing Conditions on Residency General DiscussionUrgent travel overseas before biometrics - I-175
I would make an Infopass appointment at your local USCIS office, bring in what you have received up to date, along with your travel arrangements. They may be able to do one of two things for you - arrange for you to take your biometrics right away before you leave, or arrange to have any biometrics deferred until you return to the US. I know that I had to reschedule a biometrics appointment received 2 days before we were travelling and the appointment scheduled for the day before we returned. I did have the letter, though, so was able to do that. The new appointment was rescheduled for about 5 weeks later. I wouldn't bother with trying to do this over the phone - there is too much inconsistency with the call center employees who answer the phone and this is too important to trust to them getting the information handled correctly. Go in person and speak with an immigration official. They should be able to update your file so the information is recorded. Hopefully, you will be allowed to do your biometrics right away.

If I recall my mail from USCIS was about half and half with USCIS being on the envelope and not being on the envelope. I have heard of USCIS mail being forwarded in certain cases. You could go to your local postmaster, explain the situation and ask them to forward USCIS mail regardless under these circumstances. It won't hurt to ask and they may say yes, especially with this personal contact.

Good luck to you.

Edited by Kathryn41, 09 October 2010 - 10:26 AM.

Kathryn41FemaleCanada2010-10-09 10:24:00
Removing Conditions on Residency General DiscussionDo you guys "high light" your names on evidence documents?
I highlighted both of our names and any other relevant information we wanted to make sure they saw - (ie. line items on bank statements showing where the mortgage payment came out of our joint accounts, etc. ) and dates. I wanted to make it as easy as possible for them to find the relevant information in the quickest amount of time. I also wrote my name and A Number and "I-751 application" in the upper right hand corner of every single piece of paper. I didn't want them to miss anything if the papers somehow got separated and they couldn't find out where they belonged when they tried to get them back to the file. I also included a summary list of the documents I provided in a sort of Table of Contents' right after the actual application, so they could quickly review the list of documents to see the extent of evidence before they had to delve into it.

Affidavits attesting to the validity of your relationship can be from anyone. Family members are some of those most in the 'know' and provide good evidence.

Edited by Kathryn41, 11 November 2010 - 11:31 PM.

Kathryn41FemaleCanada2010-11-11 23:30:00
Removing Conditions on Residency General Discussionname not on the home mortgage
You'll be fine. I am not on the mortgage or the deed to our house either and it wasn't a problem. I did include bank statements showing the mortgage payment coming out of our joint account with the line item highlighted, and also explained the reason why I wasn't on the mortgage/deed in a cover letter. What you have will be fine ( - as long as it is well supported with other type of documentation, of course!) :) .
Kathryn41FemaleCanada2010-11-16 21:56:00
Removing Conditions on Residency General DiscussionI-751 Evidence submitted with form is insufficient
USCIS is under no obligation to 'investigate' anything other than a security background or immigration fraud. It is your responsibility to provide them with enough evidence that covers the complete time of your marriage - not just the time when you are applying to remove conditions - that they don't need to do any investigation to determine the validity of your relationship.

You have a good start on the additional evidence that is required. You say that you share expenses with your daughter - how do you pay them? In cash? by cheque? Do you have both names written on your cheques? Do both of you write cheques on the same chequing account? If so, you can provide cancelled cheques for things like repair bills or purchases written by both of you on the same account. On your joint credit card statements and bank account statements, include at least one full copy of every page in the statement for each quarter of each year you have been married and highlight items which can be used to show joint financial involvement (ie car rentals for travel, health insurance or medical bills, etc.). Try to use statements that show both of you making charges with the credit card account on the same statement. If you have medical or dental bills covered under the same insurance and/or copays from the same account, highlight those amounts and include those receipts as well. Include copies of the documents where you have named each other the beneficiary of your retirement plans/funds. Do you rent a safety deposit box together? If so, include that and if no, there is something else that you can do for evidence. If you don't want to have a contract written up by your daughter regarding your living arrangements, you definitely need to have your daughter write up some sort of a sworn affidavit verifying that you and your wife live with them in exchange for 50% of expenses - or whatever the arrangement is - and and whatever the terms are of the arrangement. What about cell phones? Are you on a family plan or have a plan with the two of you named or included? Since you travel a lot you can show this by providing copies of car rental receipts, hotel receipts and gas receipts, preferably signed by both of you. You want to show how you have co-mingled your liabilities and your assets. Photos don't really prove much unless you can include photos of both of you taken at places where you have hotel receipts, gas receipts and car rental/travel receipts to tie together with them - and definitely paper-clip receipts like that to the photos involved.

The thing ito remember when dealing with USCIS is that they set the rules and they call the shots. Each and every application must stand on its own instead of relying on what was included with a previous application. You are verifying that the relationship has continued since the last submission of documents and the documents provide the evidence. Think of them as a judge willing to find you guilty and it is your job to prove your innocence. That is the attention to detail that you should try to achieve.

Good luck. I hope you get a quick approval after the re-sumission.:)

Edited by Kathryn41, 23 November 2010 - 10:14 PM.

Kathryn41FemaleCanada2010-11-23 22:11:00
Removing Conditions on Residency General DiscussionSOS Should i walk in for biometric b/4 appointment date?
If you are willing to make the drive then give it a try. Hopefully someone will have experience with the Fort Smith, Arkansas Application Support Center and let you know about any early biometrics or if there is one day over another that has been successful for walk-ins. I know some places seem to have no problems on a Wednesday, for example.

Bring along proof of your prior commitment - and it certainly sounds like a valid one - and give it a try. Explain that you had to drive 2f00 miles to get there and hope that they can accommodate you as after your doctor's appointment you won't be able to arrange the time off. The best that can happen is that they can accommodate you and do the biometrics. The worse is that they will say no but accept your request to re-schedule and you will have some ability to indicate a better time for you to attend.

I had to reschedule one biometrics appointment as I received it 2 days before we were flying out of town for a holiday and it was scheduled for the day before our return. I requested a reschedule and the new appointment was about 5 weeks later from the one that I couldn't make, so it may not be too long a wait if that is what happens.

Good luck.
Kathryn41FemaleCanada2010-11-23 22:21:00
Removing Conditions on Residency General DiscussionPictures for ROC
I included 13 photographs mainly showing us with my family at Christmas, with his family at Christmas, attending a memorial service for his father with his family, both of us with his daughter, with our grandchildren; with friends at a get-to-gether we hosted at our place, and him with my cats (which I brought with me from Canada) in our place. I attached the photos where they supported the documentation- the Christmas get togethers with my family and with his family and the memorial service were attached to the travel itineraries and boarding passes for our flights to each location; the pictures with his daughter/our grandchildren were attached to letters written to me from them at different times (I included 3 letters) just discussing family type of matters; the pictures with the cats were attached to our microchip registration form for each cat listing both of us - things like that. All of the photographs were just printed on regular paper on our home printer and then I wrote on the back the place, date, occasion and names of the individuals (including the cats, hehehe).

Edited by Kathryn41, 26 November 2010 - 07:24 PM.

Kathryn41FemaleCanada2010-11-26 19:23:00
Removing Conditions on Residency General DiscussionCan I just send it back?
Yes, you can just send it back with the form correctly signed - and the new fee since it will now be received after the fee change date.
Kathryn41FemaleCanada2010-11-26 19:10:00
Removing Conditions on Residency General DiscussionActual Signature on I-551 Stamp?
That is all mine had too. The officer has 'endorsed' it by filling in the necessary information. There was no signature on mine.
Kathryn41FemaleCanada2010-11-30 00:40:00
Removing Conditions on Residency General DiscussionShowing up to biometrics early
If the ASC is not located in the same facility as the USCIS offices I doubt you will be able to get the biometrics done. The equipment is at the ASC offices - they don't do biometrics at the USCIS offices which is where InfoPasses are held.

The InfoPass appointment will probably just try to reschedule you to a time that is more convenient to you which in all probability will be later than your currently scheduled date rather than earlier. You could try arranging to go in to the Durham ASC before your date with letter in hand and explain that you are away on business on the appointed date and see if they will allow you to do them early. The feasibility of this really depends on how close you are to the Durham ASC and how much travelling you would have to do.

Good luck. Hopefully someone from Charlotte will chime in and let us know if the Durham ASC location does walk-in biometrics or not.
Kathryn41FemaleCanada2009-12-03 22:31:00
Removing Conditions on Residency General Discussionbank statements - blocking sensitive info
We left all of the numbers visible as well - in fact we even highlighted them along with our names to make it easier for the reviewer to find the relevant information quickly. They already have so much of our private information that if they were going to cause identify theft problems for us, all they need is already on file and hiding numbers isn't going to stop it. I was more concerned that they had little problem finding the information that tied us together financially than if the immigration officer was going to harvest our information and steal from us. Not that it can't happen, but I think the likelihood is very small.
Kathryn41FemaleCanada2010-03-15 21:22:00
Removing Conditions on Residency General DiscussionI-751 interview
Just a reminder that the majority of Removal of Conditions applications are approved without an interview so the likelihood is that you won't be facing one. If it turns out you do have an interview, Inky has given you the correct information.
Kathryn41FemaleCanada2010-12-06 23:10:00
Removing Conditions on Residency General DiscussionCan I use cut-off section to speed up application?
You can send it or not - your choice. It is for the current green card status if you needed to replace a missing green card. Including it won't speed up your I-751. The application will be adjudicated based upon the evidence you include with your application and if successful, you will be issued a new permanent resident card valid for 10 years. Good luck.
Kathryn41FemaleCanada2010-12-16 11:33:00
Removing Conditions on Residency General Discussiondivorce copy came out after i sent package
Wait for the RFE. Until someone actually starts reviewing your application it will be sitting in a big storage area somewhere, exact location unknown. Anything you send afterwards to match up to it will then enter the same storage area or be set aside until the original application makes its way to someone's desk. There is no guarantee - and actually, very little likelihood, that your 'catch up' letter with the certificate would ever get to the same desk as the application. When you receive an RFE, however, your file is on someone's desk being worked on. They issue the RFE and put the file into a 'holding' pattern until they receive the requested information back. The RFE will have a separate mailing address for you to send the document to and you also return the RFE letter. When it is opened by the mailroom it isn't put into the general holding area - it is re-directed back to the holding area designated by the adjudicator who sent out the RFE and is then matched up with your file. So, the best thing to do is to wait until you get the RFE letter and send it off at that time.
Kathryn41FemaleCanada2010-12-18 20:30:00
Removing Conditions on Residency General DiscussionPlease check my list
Your list looks great. You actually don't need affidavits. They are suggested as a type of evidence but if you have sufficient other evidence showing how you have co-mingled your financial, personal and social lives together - especially the financial - you'll be fine without them. My ROC was approved without a single affidavit nor any leases or name on a mortgage or deed. Good luck.
Kathryn41FemaleCanada2010-12-24 22:18:00
Removing Conditions on Residency General DiscussionLate submission of form I-751
Duplicate threads merged into one thread. It is not necessary to start a whole new thread repeating the information already posted in another thread. Please continue the conversation and the updates in the existing thread so as to avoid confusion and to ensure all of the details remain together.
Kathryn41FemaleCanada2010-12-25 16:57:00
Removing Conditions on Residency General DiscussionLate submission of form I-751
Moved to Removal of Conditions forum from AOS forum.

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Did you include a letter explaining why you are applying so late for the I-751? There is a 'discretionary' consideration by USCIS whether or not to consider a late I-751. A significant part of their consideration will be why the application was submitted late. They have accepted your application - that doesn't mean your application will be approved but they will review it. Whether they will then deny it for failure to apply within the time period or not will be up to their discretion. If you did not include an explanation - ideally including proof of the I-90 submission - then the I-751 will probably be denied. If you did include an explanation, then it will depend on the adjudicator whether or not they will allow it. If they decide to consider it, then they will process it like any other I-751 application.

If the I-751 is denied for failure to submit the application in a timely way, then your green card status remains terminated. Your only real course of action then is to submit another I-485 application and I-130 petition to start the green card process all over again. Be sure to explain the circumstances of the situation, and whatever you do, do not leave the US until you receive either your 10 year green card from the approved I-751 or your 10 year green card from the approved I-485.

Good luck.

Edited by Kathryn41, 24 December 2010 - 08:40 PM.

Kathryn41FemaleCanada2010-12-24 20:39:00
Removing Conditions on Residency General DiscussionObtaining driver's license while in ROC
If your DL expires before you receive your 10 year green card, you can renew your license using your green card and the extension letter. If the extension letter expires (more than a year to do ROC) you can get an I-551 stamp placed in your passport providing proof that your PR status is extended for another year. You can then use this to get your DL renewed until the date on the immigration document. I had to go through that as well renewing DL every year until I got my 10 year card in hand. Even then Georgia only allows a maximum of 3 years for a non-citizen. So, yeah, it is frustrating, but you do have options to keep renewing your DL until you get your 10 year card.
Kathryn41FemaleCanada2010-12-23 19:00:00
Removing Conditions on Residency General DiscussionI 751 pending for over 3 years
I would say getting the second biometrics notice is actually a good sign - it means that someone has reviewed/is reviewing your file and realized that the biometrics are now expired and need to be redone. I suspect once they get the results of the repeated biometrics back, you should receive a decision fairly shortly afterwards. Of course, as woodenshoe101 suggested, filing for the N400 if you wish to pursue Naturalization will force them to adjudicate the I-751 in order to finish the processing of the N-400 - and they are under a lot of pressure to adjudicate N400s in a timely way - especially from elected representatives who are happy to add new voters to their list of supporters :) . Good luck.

Edited by Kathryn41, 23 December 2010 - 07:05 PM.

Kathryn41FemaleCanada2010-12-23 19:05:00
Removing Conditions on Residency General Discussioni-751 visit at home by uscis

hi kathryn merry christmas!!!how r you !!!this is what im gonna do !!!i set up an infopass for wednesday and im gonna take 2 pictures with me as you advise me previosly and im gonna go and ask for this i-90 !!!i got a plane ticket for 13 of january and im comming back 21 of january !!!my mom is a judge back in my contry and there is a speed up process to get a biometric passport and it will be done for 4 days!!!so do you think if they give me this i-90 beyond the expiration of my old passport and igf i have this i-90 ,my old pass and my brand new a will not have problems comming back here home with no problems!!!im gonna be gone just for 11 days!!!lets say this way they give me another stemp on that form with my picture on, and is good thru march what u think am i gonaa have problems re renteribg usa!!!thanks so much for your help that you are giving to me !!!please answer me before wednesday !!!thats the day when i havve the infopass appointment !!!


Merry Christmas to you too:-).

It is the I-94 form you want to ask about - not the I-90, by the way. Explain that your passport is expiring as is your proof of your legal status in the US while waiting for your I-751 to be approved. Explain that you need to renew your passport back home and will be away xxx date to xxx date. Say you have brought 2 photographs they can use if they need to put an I-94 in your expiring passport to prove your PR status. They may just put another I-551 stamp in even though the passport is expiring and that would be the easiest - but you are prepared for the other option as well so there shouldn't be a problem. Explain that you will get your expired passport back when you get your new one and will be able to carry both of them with you when you return to the US - the cancelled one with the I-551 proof and the new one required for international travel.

As long as you have a valid PR status proven by either the I-551 stamp in the expired passport or the I-551 stamp on an I-94 card placed in an expired/expiring passport and you re-enter the US with a valid passport and the valid I-551 stamp, even if it is with them in two separate passports, and there has not been denial of your I-751 application while you have been out of the country, you shouldn't have problems. You can explain, if asked upon re-entry, that you needed to go to your home country to renew the passport and your proof of PR status is in the expired passport so you have both of them with you. You can also explain that you are waiting for USCIS to finish adjudicating your permanent PR card - if asked.

Good luck at the infopass appointment I don't see why you should have any problems getting this done and hope you meet with a friendly immigration officer. Remember to bring your proof of travel arrangements with you to the appointment as well as the 2 photographs.
Kathryn41FemaleCanada2010-12-27 00:09:00
Removing Conditions on Residency General Discussioni-751 visit at home by uscis
I honestly don't know why they are taking so long. My gut tells me that you should be approved - and should have been approved long before this. Unfortunately, my gut doesn't have a vote. :( . I think I would really be talking to my elected representative again to see if they can find out anything further, especially if you last contacted them several months ago.
Kathryn41FemaleCanada2010-12-21 23:40:00
Removing Conditions on Residency General Discussioni-751 visit at home by uscis
While you should be able to do that as long as you return to the US before the I-551 stamp expires, I would be hesitant to leave the US at this time if I were in your shoes.

If you do decide to go, you would need to keep the now expired passport and use it together with your new passport to re-enter the US. You would absolutely have to be back in the US before the I-551 stamp expires and that isn't leaving much time. How long do passports in your country normally take to process? If you miss the I-551 deadline you would be stranded outside the US and it would possibly be difficult to get permission to return. You can't re-enter the US after the stamp expires, and I would feel uncomfortable travelling with it close to its expiry date as well just to avoid potential problems with re-entry.

As you need to have the I-551 stamp extended, another alternative would be to have USCIS extend the I-551 stamp in your passport beyond the validity of this passport before you leave the US. You would do this by making an infopass appointment, taking 2 passport type photographs to the InfoPass appointment, then they would make up an I-94 document with the I-551 stamp on it and staple it into your expired/expiring passport. This would allow you more time than having to get everything done by January 15, but again, if you chose to renew your passport you would have to get the expired one back and use it plus your new passport to re-enter the US.

You could also chose to let the passport expire but you would still need to renew the I-551 stamp as proof of your legal status so you would still have to follow the process with the I-94 stapled into the expired passport.

Is there no way you can get a new passport done from the US, perhaps through the services of your own country's Consulate? Given that you are still waiting to hear a decision I don't think it is a good idea for you to travel outside of the US in case a decision to deny is made while you are outside of the US. You would have no opportunity to appeal such a decision, while if you were in the US and that happened, you would have some options available to you.
Kathryn41FemaleCanada2010-12-19 19:19:00
Removing Conditions on Residency General Discussioni-751 visit at home by uscis

hi kathryn again!!!i know maybe sounds stupid but how long sinc they came they will notify me over the mail what do u think how long is taking!!!thans
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Sorry, one nation. I have no idea. If you don't hear anything within 30 days after the visit, then contact your Congressman or Senator's office and ask them to investigate on your behalf. You have been more than patient.

Edited by Kathryn41, 09 December 2010 - 11:54 PM.

Kathryn41FemaleCanada2010-12-09 23:54:00