ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionNot file I-751 but will get 10 yrs CG
Yes, this is a possible solution to failing to file the I-751 in a timely way. When the green card expired and she hadn't filed to remove conditions she was out of status. She has been out of status for a year now so it is too late to file to remove conditions on her permanent residency as she is no longer a permanent resident. She is basically 'starting over' by applying to become a permanent resident again. They will probably have an interview as USCIS will want to know the details about why she failed to file the I-751, but if the AOS is approved, then she would receive a 10 year card because the marriage will be more than 2 years old when the green card is approved. It is definitely NOT the best approach - filing the I-751 was that - but it is a legal route to pursue.
Kathryn41FemaleCanada2009-12-02 17:33:00
Removing Conditions on Residency General Discussionchanging my last name..
Duplicate post has been removed
Kathryn41FemaleCanada2010-03-29 12:45:00
Removing Conditions on Residency General DiscussionDifferent receipt numbers on I-797 and Fingerprints appt. notice

Hi forum,
We're in the situation where our joint I-751 have been pending for 15 months, including 6 months after second intedview in the local office (NYC). Now...

1. During recent SECOND Infopass appoinment I was told "your permanent file in at another location, here in NYC we only have a temporary file. Once we get your permanent file, we're going to merge your records and either make a decesion or call you for another interview. It does happen sometimes and it should take another 30-60 days". To me it sounds like BS and like they just plainly lost our paperwork and getting copies from Vermont. Anybody ever heard anything like that at the Infopass?

2. I noticed that my I-797 (extention letter) and biometrics appt. letter has two different receipts numbers. EAC from an extention letter doesn't exist online, and the one from biometrics notice does find a "removal of condition case" still pending from Nov. 2008. Meanwhile, officer at Infopass was using extention letter EAC to look up all the info. I brought it up to him, he said it's nothing to worry.
Anybody else has such desprepancy?

Appreciate all the responses!


First, to reassure you, the two different numbers situation is perfectly normal - it is that way for everyone. The I-797 extension letter number is an internal number for use by USCIS only. That is why it brings up an invalid response when you check for it online. The case status number that is assigned to your file is the one on the biometrics ASC letter. That one should be searchable and provide you with online updates. The infopass officer should have been able to access both numbers, however, because he would be at the appropriate level of access. When I went for my infopass appointment (I never received the NOA extension letter at all but I had the number from the back of the cashed cheque), the Officer explained to me that this number was for internal use only but the biometrics number was valid for me to use. She actually used my A number, however, to look up my file before she put the I-551 stamp in my passport.

So, did you receive another extension on your greencard - you can get the I-551 stamp placed into your passport at an Infopass appointment as well. Ask them to search using your A number.

15 months at this time is excessive. A year ago things were taking about 12 to 15 months but they caught up with that backlog. I suspect you may be right and your file has got 'stuck' somewhere and is waiting for something to trigger some action on it. Applying for the N-400 would do that as you should now be eligible. N-400 processing is taking about 4 months generally and working on your naturalization file will trigger a decision on your ROC as they can't proceed with the N-400 without it.

So, if you were considering filing for citizenship now is the perfect time to do so. Good luck.
Kathryn41FemaleCanada2010-03-31 21:35:00
Removing Conditions on Residency General DiscussionNeed Advice pls.

We are a March filer... sent the packet on March 5th and we haven't heard anything from USCIS till now. Check was cashed on March 18th. Since we haven't received anything, we checked our status online through the reciept number that is the WAC# and there stated that the number is invalid. My husband called the USCIS and asked about the receipt, the staff who answered gave us new receipt number (which i dont understand why he gave us new number) Checked that number online and this is what it says:

On March 16, 2010, we received this CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.

Is this the NOA? We did not received anything in the mail and i am wondering if 1-751 and CRI89 are the same thing. Pls, i need your advice, i hope i can find answer here. Im worried, my green card will expire in May and i haven't received NOA and biometric appointment schedule.


The ROC process is somewhat different than all of the other USCIS processes. Yes, there are always 2 numbers associated with your file for ROC. The first number which is on the back of your cancelled check and will be on your receipt when it shows up is an internal processing number only. It is linked to another number - the CR189 - which will be on your biometrics ASC letter. This number is the second one you were given and is the one you can use to check your case status online.

The status online statement that you show above would be your NOA Extension letter. It will extend the status of your green card for one year beyond the green card's expiry date and states it is good for both work and travel purposes. Your petition was received on March 16, but it is unlikely that the notice was generated on March 16 - probably a day or 2 later, and then it would be mailed. Some NOAs lately have been taking 2 to 4 weeks to arrive and you are just in that time frame right now. I wouldn't be surprised if your NOA shows up in the mail this week.

If you haven't received your NOA after 30 days and your green card is getting close to expiring you can make an Infopass appointment at your local USCIS office. About a month before your green card expires if you still haven't received the NOA, make an Infopass appointment for about 2 weeks later so you are closer to the expiry date of the green card. Take in your unexpired passport and your expiring green card. They will look up your A number and then put an I-551 stamp in your passport that is valid for one year. The I-551 stamp is the same as the green card. I had to do this as my NOA never arrived, so I made an Infopass appointment for 2 weeks prior to my green card expiring. There was no problem in doing this. If the NOA shows up in the meantime, then you can cancel the Infopass .

I really do think your file is processing normally and you should receive your NOA very soon. :)

Edited by Kathryn41, 01 April 2010 - 09:45 AM.

Kathryn41FemaleCanada2010-04-01 09:43:00
Removing Conditions on Residency General DiscussionI-751 Travel Question

I've been pulled into secondary as well when i entered with my expired GC and NOA1 about 3 weeks ago. Very normal, no worries. They were very polite about it, although the officer threw some questions such as "isn't it convenient to get a GC through marriage blablabla". I don't think he intended anything, just doing his job really.


Ooo, comments like that would really annoy me! The answer I would make is, 'Yes, of course it is convenient if my purpose was to get a green card. It wasn't though - my purpose was to be able to live with my husband and this whole process is incredibly inconvenient!'
Kathryn41FemaleCanada2010-04-02 19:31:00
Removing Conditions on Residency General DiscussionI-751 Travel Question

C. was taken aside into secondary inspection, where they pulled up his file and checked to see that he'd been approved. Having the expired card and the letter wasn't enough on its own. They were very polite about everything and he didn't miss his flight.


Glad to know it worked out for him. I'm surprised, though, that they took him into secondary. Regardless, even if the card hadn't been approved yet they would have seen his status was valid and waiting for the card so he shouldn't have had any problems.
Kathryn41FemaleCanada2010-04-01 19:35:00
Removing Conditions on Residency General DiscussionI-751 Travel Question
He will be fine with the extension letter and his expired card. If there are any questions he can quite truthfully say that the 10 year green card arrived while he was out of the country and he has not had a chance yet to get it into his personal possession, that you are meeting him at the airport and you will be bringing it to him. Make sure you have a cellphone with you when you pick him up and he has the number. If he has any problems at all, he can ask the border officials to call you so you can bring them the 10 year green card - not, of course, that you will need this, but sometimes it helps knowing you have a contingency plan when you are worried about something - just in case :) .
Kathryn41FemaleCanada2010-03-27 22:36:00
Removing Conditions on Residency General DiscussionComplicated residency situation.... advice please!
Actually, your list looks great. If you are able to collect those documents while you travel with the other evidence supporting your husband's military assignment and your studies I would say you have it covered. There are temporary separations due to work and school situations but you are certainly doing your best to mitigate those circumstances and you are providing evidence that explains the separations. I doubt you will have any problems.

You can add your military ID and any medical costs covered by TriCare for you have these. if not, then what health coverage you both have through his employer, driver's insurance, life insurance, any employment benefits where you are named as a beneficiary . . .

Good luck - and enjoy your travels!

Edited by Kathryn41, 04 April 2010 - 05:04 PM.

Kathryn41FemaleCanada2010-04-04 17:01:00
Removing Conditions on Residency General DiscussionFiling For Removal Of Conditions After Spouse's Death
Damian,

Did your wife file a tax return at all or was she not required to? Even if she filed separately it would have listed her as married and include your name and SSN on the return, so if she filed at all you could include that return. As well, you will be listed as the surviving spouse on the documents related to her passing (funeral arrangements, newspaper obituary, etc.). Did she include you in her will as her spouse or executor? That can also be used as evidence. Are you listed as her beneficiary in any type of pension or death benefits? You can also get affidavits from your stepchildren verifying your relationship. Again, I am so sorry this has happened. Good luck with everything.
Kathryn41FemaleCanada2009-12-19 22:14:00
Removing Conditions on Residency General DiscussionFiling For Removal Of Conditions After Spouse's Death
Damian P,

I am so sorry for your loss. I didn't know about your wife's passing.

Actually, you can file now to remove the conditions on your residency. You don't have to wait. You would need to include a copy of the death certificate and on part 2 check the waiver of the joint filing condition due to the death of the US spouse. I know you are busy with many different things right now, but as soon as you are able to address this, it is something you will want to take care of sooner rather than later. Good luck, and again, my condolences.


(moved from AOS forum to Removal of Conditions forum).
Kathryn41FemaleCanada2009-12-17 19:14:00
Removing Conditions on Residency General DiscussionI751 Abuse Excuse
Removal of Conditions on Residency General Discussion forum.

It is in the section called: Immigration Discussion for US Visa Holders and Permanent Residents.

The I-751 is the application to Remove Conditions on Residency and this forum discusses matters pertaining to the I-751. This post is now located in this forum. There is a link still posted to this forum in the IR-1/CR-1 Visa Forum to direct you and others who are reading the thread to the correct forum.

It could also have been posted in the Effects of Major Family Changes on Immigration Benefits forum as well since it does discuss the I-751 and divorce, however the discussion is hypothetical in this situation and focuses on the I-751 more than the divorce so I am leaving it here. This forum is in the same section.

Edited by Kathryn41, 05 April 2010 - 06:16 PM.

Kathryn41FemaleCanada2010-04-05 18:09:00
Removing Conditions on Residency General DiscussionI751 Abuse Excuse
Duplicate thread in K-3 forum removed and remaining thread moved from CR-1 forum to the correct ROC forum. It is not necessary to post the same topic in more than one place and more than one time.
Kathryn41FemaleCanada2010-04-05 17:04:00
Removing Conditions on Residency General DiscussionNeed Some Help Confused
It could be that there was an opening in the interview schedule and they slotted you in very quickly as your file was at hand. At the interview mention to them that you haven't had the biometrics done yet and they may be able to do them at the same time or set up an appointment at that time to get them done. Good luck and let us know how it goes :) . You seem to be on track to have the fastest ROC processing I have ever seen :D.
Kathryn41FemaleCanada2010-04-01 21:16:00
Removing Conditions on Residency General Discussionscam phone call from 'immigration department'???
You can try looking up the number on this website - and even reporting it as a potential scam on this same site. This site is valid: http://whocalled.us/ and I have used it to try and find out numbers that appear on my call display or who hang up when I answer the phone. They have been mainly telemarketers in my case, but I think it would be interesting to see what you get. Was it the number on display from the USCIS Call Center? You may want to write down the times of the calls, and get the times of the calls to your relatives, then send in an inquiry to USCIS - or to your Senator's office saying you are receiving spam phone calls from someone saying they are from immigration and want to report them to immigration. He/she should be able to forward the information on your behalf.

There is the possibility that a call is valid -but from what you are describing it sounds very amateurish and unprofessional - hmm, wait a second, maybe that could be USCIS after all :P! Regardless, try and document what is happening and then report it either at the who called us website above or to USCIS through your elected representative. If it is USCIS, then this is incredibly unprofessional and irresponsible - and it may even be a staffer abusing their access to the 1-800 number - something else USCIS should know about.
Kathryn41FemaleCanada2010-04-10 23:09:00
Removing Conditions on Residency General DiscussionGot an RFE this morning...
I will agree with Just Bob that I thought you initial list should have been fine. Since it wasn't I have offered some other suggestions. The biggest possibility is that your evidence didn't cover the whole time of your marriage but only recent documents which might have triggered the RFE. Good luck.
Kathryn41FemaleCanada2010-04-04 17:08:00
Removing Conditions on Residency General DiscussionGot an RFE this morning...
Did you send them documents that covered the whole time of your marriage? Include complete statements from the bank accounts from each quarter of each year, showing both of you using the account; do the same for credit cards showing both of you using the same credit account; do you have anything in writing showing you were denied for the joint car loan? If you do, use that to show that you tried to get a joint loan and were denied; What about your 2007 tax returns? Send your 2009 tax returns - it will be too early to get a transcript but send a copy of the complete return that you file (after all the deadline is a just over a week ahead); definitely get a notarized statement from your mother that you live with her and included in the 'rent free' accommodations are utilities, etc. Do you contribute to food for the whole family? Do you do chores in exchange for the rent? She can include the terms of your living arrangements in with the statement. Have either of you made any claims or received any statements about health care? Copies of co-pay receipts acknowledged by the insurer for both of you? You could write your wills and include them naming each other as beneficiary. Are either of you listed as beneficiary or emergency contact for any work related benefits - ie retirement plans, insurance plans, etc,? Do you have any living expenses from where you used to live - the address that is still on your cheques? - that have your joint names on them, or some of them having your name and some her name? Yes, joint membership cards are good -Costco, AAA, etc. So are cards and letters addressed to both of you at the same address. You could take out a joint safety deposit box at your bank and include that receipt. Are you both listed on the car insurance even if not on the ownership documents? You should be so include that. What about a family cell phone plan for the two of you? Also, highlight the car payments coming out of your joint account to show that you are both paying for the car even if the ownership is in your wife's name.

The important thing is to try and show the continuity of co-mingling assets and liabilities from the beginning of the marriage to when you file so don't worry about sending too much documentation - not sending enough is worse.
Kathryn41FemaleCanada2010-04-04 12:42:00
Removing Conditions on Residency General DiscussionI751 NOA
Topic moved from AOS forum to Removal of Conditions forum


___________________________________________

You're ok, don't worry :).

When you send in your application to remove conditions it takes a while for them to actually process the paperwork. The likelihood is that the green card will expire before they complete the Removal of Conditions process, so, to ensure that the immigrant's status remains valid while they process the paperwork, they issue the NOA1 receipt that extends the validity of the current 2 year green card for another year. The processing time may take 3 months or it may take 12 months - this ensures that your wife has proof that she is still a legal permanent resident even though her 2 year green card has expired. The letter and the 2 year card are to be used together so make a copy of the letter and carry that with the card, keeping the original safe at home.

You will receive a second notice called the ASC appointment letter which is for biometrics. There will be a totally different case number on that form - this is perfectly normal so again, don't worry. The number you have on your NOA receipt is an internal processing number only and you can't search for any information using that number. The number that is on the ASC letter, however, is valid for the USCIS status update enquiries and you can use it to track the progress of your application.


When the processing is completed you will receive the ten year green card. Your wife's status will be valid permanently as long as she continues to meet the requirements of permanent residency but the card is valid for ten years and will need to be renewed every ten years unless your wife becomes a US citizen.
Kathryn41FemaleCanada2010-04-16 17:52:00
Removing Conditions on Residency General DiscussionEvidence for entire period of marriage
You're good to go. The power of attorney and living will from when he was deployed is very good evidence from the first year of marriage. You have plenty of evidence, although, unlike Just Bob I always feel it is better to err on the side of 'too much' rather than 'too little'. If they are totally satisfied then you won't have an RFE and possibly an interview. Better to make it as easy as possible for the IO to say' yep, this is a valid marriage' than to leave any opportunity for a question. Good luck.
Kathryn41FemaleCanada2010-04-15 18:43:00
Removing Conditions on Residency General DiscussionInterview experiences
You may well be approved without an interview, but if you are called to an interview then all you need do is be honest about that 8 month gap. Not all marriages are beds of roses and separations do occur. The important thing is that the two of you have worked through your problems and resumed the marriage, probably stronger now than it was before. Bring the evidence that you have and plan on dealing with the question about the temporary separation. I honestly don't see it as being a big deal, though. Good luck to you :)
Kathryn41FemaleCanada2010-05-01 17:28:00
Removing Conditions on Residency General Discussiongot shocked and need help
Please use English only in the immigration forums.
Kathryn41FemaleCanada2010-04-06 22:27:00
Removing Conditions on Residency General DiscussionHighlighting our names in the documents?
How can you put anything in a copied original document in bold? You can't. The information provided above seems to be for items electronically sent. The I-751 is not electronically submitted - it is submitted via mail. The only option you have to draw attention to specific information in copied evidentary documents is highlighting. I think these are two different circumstances that are being discussed and the information above is not applicable to the I-751. The original file is what is used for the I-751 as well as for the N-400 not a scanned copy.

I highlighted names, account numbers, dates and in some cases specific itemized lines in statements such as the mortgage payment coming out of our joint account even though only my husband's name is on the mortgage document showing it is a joint expense. It makes it much easier to identify the actual requested information from the mass of information contained within a document.

Edited by Kathryn41, 09 May 2010 - 09:27 PM.

Kathryn41FemaleCanada2010-05-09 21:26:00
Removing Conditions on Residency General DiscussionQuick Question(s)
The only reason a passport would be applicable in a request to remove conditions is if the two of you have travelled and the passports show stamps that are from the same immigration entry/exit as evidence verifying you travelled together, and supported by things like boarding passes, travel itineraries, etc. You can also include a copy of the biographical page of your passport to show you have taken your husband's name as evidence of your married state if you are a woman and took his name.

The purpose of the I-751 is to show how you have co-mingled your personal, financial and social lives together as a married couple to prove the validity of your marriage. A passport is a form of identification for travel/citizenship purposes and not to prove a marriage, so outside of the uses above there really is no need to include a copy of a passport.
Kathryn41FemaleCanada2010-05-09 21:33:00
Removing Conditions on Residency General DiscussionPassport Stampings of Entry an Exit
We did. I included the stamped page of my husband's US passport and the stamped page of my Canadian passport showing the US immigration stamp, location and date, supported by the flight itineraries and the boarding passes. It shows you travelled together so is a valid piece of evidence.
Kathryn41FemaleCanada2010-05-09 21:37:00
Removing Conditions on Residency General DiscussionMy interview experience
Congratulations. Thank you for sharing your experience as well - there are so few interviews for Removal of Conditions and so far all of the ones I have read about are similar to yours - random computer selected interviews for statistical purposes. It will be reassuring for others who may get an interview call as well to read about your experience :).

Edited by Kathryn41, 08 February 2010 - 08:02 PM.

Kathryn41FemaleCanada2010-02-08 20:01:00
Removing Conditions on Residency General Discussioni751 No biometrics after 8 months
Moved from AOS forum to Removal of Conditions forum as it is a ROC thread.

________________________________________


moderator hat off now -

Have you made an Infopass appointment? Did you receive your NOA receipt extending your green card status for one year? I think that is what the gentleman you talked to meant. Btw - the 1-800 line is not a very reliable source of information - it is manned by call center employees who are not immigration officers but read off of a prepared list of circumstances. I would definitely make an Infopass appointment now - bring everything you have with you - the NOA, copy of your file submssion, etc. and ask them to find out what is going on. 8 months is too long to wait right now, especially when you haven't received your Biometrics appointment.

Good luck
Kathryn41FemaleCanada2010-05-26 21:35:00
Removing Conditions on Residency General DiscussionI751 QUESTION! PLEASE HELP!

thank you. I'll just wait a couple of weeks for the NOA letter. if it doesnt come Ill make that info pass. thanks...


Since you have already received the biometrics letter and your green card has expired, I would make the infopass appointment now for the 30 day mark of submitting your I-751. The NOA1 is supposed to arrive before the biometrics letter. Last year there were a number of us who recieved the biometrics letter and never received the NOA1 extension letter. It may be that this is happening again. Regardless, it is very easy to make an infopass appointment at your local USCIS office (it may not be the same place where you do your biometrics - you should check on the addresses), and bring your unexpired passport as well as your expired green card. They will look up your file using your A number and verify your information, then put an I-551 stamp in your passport that is usually valid for 1 year. If, in the next week you do receive your NOA1 you can always cancel the infopass. Good luck.
Kathryn41FemaleCanada2010-01-30 23:39:00
Removing Conditions on Residency General DiscussionAffidavits to remove conditions
Duplicate threads merged.
Kathryn41FemaleCanada2010-05-28 21:34:00
Removing Conditions on Residency General DiscussionNovember Filers
I will repeat the warning - stop the personal attacks -everyone! :angry: If another poster bothers you, then ignore them. Do not make retaliatory comments of your own as that is also a violation of TOS. If you find that difficult to do, then click on the member's name, go to the 'Personal Options" pull down menu and select the first option - 'ignore'. That way you will not receive posts from that member.

I have also removed the 3 most recent posts violating TOS that generated this warning. Anymore posts like these and I will be issuing account suspensions.

Edited by Kathryn41, 25 February 2010 - 11:05 PM.

Kathryn41FemaleCanada2010-02-25 22:56:00
Removing Conditions on Residency General Discussioncan I send my wife's I-751 if she is not physically in the US
Just to answer a question I think was not specifically asked but inferred - 28 days is enough time left to file, but yes, her green card will expire before she receives her new green card. Even if she had mailed off the I-751 at the earliest possible date it is almost impossible that she would have received her 10 year card before the 2 year card expired. USCIS just doesn't work that fast - although they say that is their goal :yes: (they haven't made it yet!).

So, as mentioned above, when she sends in the I-751 she will receive back a receipt (NOA). On that NOA there will be a sentence that states that thedocument also extends the validity of her current green card for one year and is good for travel and work purposes. USCIS expects that she will get her 10 year card sometime during that year. She should make a photocopy of the letter and carry the copy of the letter with her expired green card as proof that she is here legally.

It would definitely be best to wait until she returns before she files, first because she does need to sign the application form, and second, because she does need to attend the biometrics appointment which is generally held about a month after the receipt is received.
Kathryn41FemaleCanada2010-06-10 22:57:00
Removing Conditions on Residency General DiscussionAfter a Greencard is granted. What are the things i need to comply and Do?
Duplicate threads merged and duplicate post (and post stating it is a duplicate thread) removed
Kathryn41FemaleCanada2010-06-19 22:56:00
Removing Conditions on Residency General DiscussionFingerprint not available on Green card
While I've not heard of recent green cards issued without a fingerprint, older green cards which are still valid don't have fingerprints. If USCIS issued the card with that notation, then the card should be valid and you shouldn't have any problems. If you are very concerned you can always make an infopass appointment at your local USCIS office and discuss it with an immigration officer. I wouldn't waste the time calling the Misinformation line smile.gif .

Edited by Kathryn41, 14 December 2009 - 11:33 PM.

Kathryn41FemaleCanada2009-12-14 23:33:00
Removing Conditions on Residency General DiscussionMoving overseas while on conditional green card conditional green card
No, if you follow through with what you suggest your wife would no longer be eligible for citizenship. She would not meet both her residency requirement and may not meet her physical presence requirements in the US. Any disruption of residency for more than 6 months at a time restarts the clock on when she is eligible to apply for citizenship, so she would start all over again from the beginning when she returned to the US, and have to get 3 more years of continued residence in the US before she would be eligible to apply for citizenship.

As well, leaving the US to go and live in another country will very likely compromise her whole permanent resident status because part of keeping a green card valid is living in the US. If she takes up residence in another country, then she is generally deemed by USCIS to have abandoned her permanent residency and you would have to start the immigration process all over again from the beginning when you wanted to return to the US. If you expect to be out of the US for no more than 2 years then she can apply for a re-entry permit/returning resident document that indicates to USCIS that she is still residing in the US and her absence from the US is only temporary. You should realize, though, that any length of absence - especially where you take up residence outside of the US - can be interpreted by USCIS officials as abandoning her green card.

Edited by Kathryn41, 13 April 2010 - 07:26 PM.

Kathryn41FemaleCanada2010-04-13 19:24:00
Removing Conditions on Residency General Discussionlifting conditions
If you send only one example in each of your names then you will probably get an RFE for further evidence. The instructions clearly state that you should send evidence that encompasses the WHOLE period of your marriage, so it is a good idea to send documents of each 'type' from the beginning, middle and current times of your marriage. For example, for joint bank accounts send at least 2 statements for each year of your marriage so for a 3 year marriage, that would be 6 'documents'. (I actually sent one from each quarter of each year so 4 per year). Do the same with utility bills, credit card statements, etc. Send copies of annual things like health care cards, car registration proof, insurance cards, for each year of the marriage. Send proof of jointly owned property (land, house, vehicles, etc.); jointly owned investments (pensions, IRAs, etc); jointly shared liabilities (loans, mortgage/rent, safety deposit box, etc.). USCIS wants to see how you are sharing your financial, social and personal lives throughout the whole time of your marriage so your evidence needs to cover those 3 areas during each year of marriage. You definitely need to include joint tax returns.

Other examples of things to look at is household expenses like a lawn maintenance contract, HVAC contract, etc. where the foreign spouse signs the work orders or is named as the recipient of the bills/notices; driver's licenses and insurance showing both at the same address; family plan cell phone contract; medical insurance statements showing both names on the same coverage and bills for one partner paid for by the other partner; lists from employment showing spouse added as emergency contact or to receive benefits, things like that.

It is better to send too much information in this case - as long as it all supports the co-mingling of your lives together - than too little. By this time in a marriage you are expected to have a lot of evidence showing the blending of your lives. Good luck.

Edited by Kathryn41, 23 June 2010 - 07:36 PM.

Kathryn41FemaleCanada2010-06-23 19:35:00
Removing Conditions on Residency General DiscussionPlease review my packet for ROC
If you feel it is to your benefit, you could file an amended tax return for the years in question, and if you receive an RFE or a question about the return, you could submit that. As it is, I would just address the situation in the cover letter, especially that you were advised to handle it that way since your spouse was still overseas. You could even ask if they wish you to file an amended tax return for that year and you would be happy to do so - I can't see that hurting anything. It's your call.
Kathryn41FemaleCanada2010-06-24 22:38:00
Removing Conditions on Residency General DiscussionPlease review my packet for ROC
Your evidence looks good. In your cover letter you can 'explain' some of those items you explained here about the lease termination and the tax returns. Be sure you include copies of joint accounts (eg.bank statements) and bills that cover the whole time of your marriage - not just one or two months. That was the main things I couldn't determine from your list. Other than that, it looks good.
Kathryn41FemaleCanada2010-06-23 19:41:00
Removing Conditions on Residency General DiscussionWaiting Time for Approval to Remove Conditions when no Children
I don't see how they could set it up to review files in that way. A group of applications comes in and each adjudicator receives a section of files. Their objective is to go through as many files as they can and determine whether they are immediately approvable, require further evidence, require an interview, or are denied. That is 4 categories. To add a condition such as 'have or does not have children' would then make additional categories for the first 3 areas. You would then have to add in another consideration - separate out the applications from those who already have adult children and are not interested (or not able) to start a new family from those who are still young enough to have children. You can see how quickly it becomes unrealistic.

When the adjudicators go through a file, they go through a file - they don't set it down to go through later because the couple doesn't have children and therefore the application must be suspect. If the evidence is sufficient to make a decision when they receive and review the application, they make a decision. There really is no practical way they could separate out applications that have children from applications that don't.. They review the totality of the evidence, of which having children is just one type.

You can chalk the delays up to much more realistic circumstances - some people work faster than others (for whatever reasons) and files become backlogged when adjudicators set aside the I-751 applications to work on other types of applications. As well, some files are bigger and may take more time to read. Some are well prepared and have lots of excellent evidence making a decision quick and easy. Some are smaller and maybe require more attention to see if it does meet the minimum requirements for approval or if more evidence or an interview is required. There are enough variables to explain why some files are approved faster than others.

Children do not a marriage make :P - USCIS is more concerned in seeing how the couple have co-mingled their financial assets and liabilities rather than if they have had children or not. Children are good evidence that they have at least slept together but there a lot of unwed mothers and fathers around as well so it isn't a singular proof of a marriage.

Edited by Kathryn41, 24 June 2010 - 10:56 PM.

Kathryn41FemaleCanada2010-06-24 22:54:00
Removing Conditions on Residency General DiscussionAtlanta walk-ins??
When you have your biometrics isn't going to have a big impact on when you get the interview. Yes, they need to wait until the security clearance comes back but those come back quickly. The biggest wait is processing everyone else who is in line ahead of you.

The biometrics letter clearly states that if you can't make your appointment to reschedule so I don't know if they accept walk-ins or not. You can always try to do a walk in, but I think you might have more success with preventing a bad interview time if you make an infopass appointment at the Atlanta USCIS office and ask them to put a notation on your file that you are not available for an interview during the dates that you are away. In all likelihood you probably won't have an interview at all - the majority of Removal of Condition applicants are approved without an interview - but I can certainly understand why you would want to do what you can to prevent one while you are way if scheduled. You can make the infopass appointment at http://www.uscis.gov . On the right hand side select the option "Schedule an appointment" and follow the directions.

Good luck.

Edited by Kathryn41, 21 July 2009 - 11:27 AM.

Kathryn41FemaleCanada2009-07-21 11:26:00
Removing Conditions on Residency General DiscussionFiling I-751 jointly while we are living separately
duplicate thread removed :)
Kathryn41FemaleCanada2010-06-26 17:40:00
Removing Conditions on Residency General DiscussionI did not "take my husbands name"
I kept my maiden name as well, and it was a complete non-issue with immigration. You won't have any problems because of keeping your name. :)
Kathryn41FemaleCanada2010-07-05 21:34:00
Removing Conditions on Residency General DiscussionDo I have to pay two 751 fees?
Good luck. Keep us posted on how it goes - and I hope you get on the right side of that 50/50 chance.
Kathryn41FemaleCanada2010-02-22 22:42:00