ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General Discussiondelayed application
Congratulations. I'm so glad it worked out well for you.
Kathryn41FemaleCanada2009-12-01 20:23:00
Removing Conditions on Residency General Discussiondelayed application
Congratulations - you can definitely rest easy now. Good luck with the rest of the process.
Kathryn41FemaleCanada2009-07-20 16:15:00
Removing Conditions on Residency General Discussiondelayed application
QUOTE (Just Bob @ Jul 7 2009, 04:26 PM) <{POST_SNAPBACK}>
You should have, you really should. But since you didn't, you need to send a superb package without mistakes, accompanied by a cover letter that would win a plead in a court of law. There are some people on this board who are more than qualified to help you out with drafting and proofreading such letter.

As stated in the instructions, a cause of delay that is out of the applicant's control would be a valid reason. So, just imagine (hypothesis) you had sent your original package, stupidly with regular mail though and have been waiting, waiting, waiting . . . for a receipt from the USCIS, which you never got. Now your GC expired and you can't take the wait anymore and you send the package AGAIN. Just food for thought, coming from somebody who strongly feels lying is wrong, most of the time anyway.

Consulting a lawyer is certainly good advise, but I got the impression that you really can't affort a $1K retainer right now. So do the next best thing: ask the experienced users here, before you do anything wrong.


It is a violation of the TOS of this site to suggest, recommend or condone any type of illegal activity during the immigratin process. Lying that you had sent the package once and never received a receipt so resending it is dishonest. One never, never, never lies to USCIS. Misrepresentation carries a lifetime ban from the US. Far better for the OP to be honest, explain that it took them longer to get the fee together than they had expected and ask the adjudicator to accept the application one week late.
Kathryn41FemaleCanada2009-07-07 16:14:00
Removing Conditions on Residency General Discussiondelayed application
To bring some sort of balance to this discussion, there were two members of VJ who missed their deadline dates while I was going through the ROC process as well. They included a letter to USCIS apologizing for the delay and requesting consideration. Both of them were accepted and eventually approved for Removal of Conditions. In the USCIS Field Manual there is a section that discusses late filings for ROC. It basically states that it is up to the adjudicator's discretion whether they will accept a late filing or not, but generally they allow a 60 day 'grace' period in which to receive late filings, so I will just say get the application in ASAP, make sure you apologize for the late filing and ask them to look with favour upon your request to consider your application even though it is a week late. Good luck

http://www.uscis.gov...8ce159d286150e2

25.1 Immigration Marriage Fraud Amendments of 1986
References: Section 216 of the Act 8 CFR 216 . . .

(F ) Termination of Status for Failure to File . Failure to properly file Form I-751 within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained lawful permanent residence on a conditional basis shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the U.S. Form I-751 may be filed after the expiration of the 90-day period only if the alien establishes to the satisfaction of the director, in writing, that there was good cause for the failure to file within the required time period.

and

3. (D) Terminations . These cases are denied for failure to file. They are put in a 60 day call-up category to give the petitioner and spouse a last chance to file the Form I-751. If they have not filed after the 60 day call-up time frame has expired, the case is routed to the district office for a Notice to Appear to be issued.


. . . and maybe we can have a little bit less 'fire and brimstone' the next time someone asks for help?

Edited by Kathryn41, 07 July 2009 - 02:24 PM.

Kathryn41FemaleCanada2009-07-07 14:00:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
QUOTE (SirLancelot @ Dec 2 2009, 08:12 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Dec 2 2009, 02:50 PM) <{POST_SNAPBACK}>
There is no 'temporary' green card - there is a conditional green card - the condition being that it is for 2 years and you need to prove the validity of your marriage before you get a 10 year card. Anyone who is married for less than 2 years when the green card is approved is supposed to receive the 2 year conditional card and needs to apply to remove the 'conditions' within the 90 day window before the 2nd anniversary of the green card date. We were married nearly 4 years when I applied to remove conditions as well - married June 19, 2004 and my green card was approved May 26, 2006 so we were approved about 3 weeks before we would be eligible for a 10 year card.

If you sent lots of other good evidence - and the birth certificate of your child is very good evidence - you should be fine without photographs. Good luck.


Kathryn41, this distinction between a "temporary green card" and a "conditional green card" you're making is not fair. In point of fact, there is no "green card" but rather "permanent residence card". A "green card" is a colloquial term, just as a "temporary green card" is a generally accepted colloquial term used in place of the proper term "conditional permanent residence card". I point this out because, it seems to me, that you're nit-picking on the use of an improperly used term and replacing that improper term with another incorrect term. star_smile.gif



All other info you provided reads well. But I did want to comment upon the distinction you made above. smile.gif


hehehe, ok. Point made. I guess I was trying to get across the point that even the two year I-551 card is a permanent resident card not a temporary resident card.

Edited by Kathryn41, 02 December 2009 - 11:40 PM.

Kathryn41FemaleCanada2009-12-02 23:40:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
Well, I can see two things happening: One is an outright denial of your request which I hope doesn't happen. The second is that they will send you an RFE - it is a letter requesting additional information. Right now, you really need to wait and see what happens because if you send in documentation now there is no guarantee it will ever be matched up with your application before they make a decision. When they send you an RFE they will include a different address for you to use and you need to send the RFE letter back with the requested information (make a copy before you send it back!).

If you get the RFE you will want to include documents that show how you have mingled together your lives financially, personally and socially. That includes income tax transcripts showing you have filed as married, copies of financial records (bank account statements, credit card statements, etc.) showing both of your names on the accounts; residential information like leases or mortgages, bills for utilities, insurance, etc. that have both your names; property or loans you have together (house title, car title, loan documents, etc.), health insurance cards, life insurance documents, listing each other as beneficiaries on wills, etc., birth certificates of children, things like this. The documents should cover all the years of the time you have been married or since the green card was approved so you may have 3 or 4 years of tax returns, etc.
You can include photographs of yourselves and your married life together at that time as well.

Kathryn41FemaleCanada2009-12-02 18:20:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
QUOTE (nickles only @ Dec 2 2009, 05:34 PM) <{POST_SNAPBACK}>
QUOTE (nickles only @ Dec 2 2009, 03:22 PM) <{POST_SNAPBACK}>
QUOTE (nickles only @ Nov 23 2009, 04:24 PM) <{POST_SNAPBACK}>
so it's not to late to file then. my wife just called me and told me that she got a letter in the mail. from what she told me it sounds like that same letter that you are talking about.

well i sent off the packet late on the 25 NOV 09 and they received it the 30 NOV 09. I am hoping to get somthing in the mail soon. I will keep you guys informed about what happens. I do have a question for you guys, how do you know when they cash the money order? do they tell you in the NOA letter or whats the deal. Any info would be nice.

I forgot to mention that we have been married for 4 years now. Isn't the temperary green card for people that have been married for less than 2 years? Well my wife got her green card on 14 AUG 07 and our 2 year anniversary was 12 OCT 07. Now that her card expiered on 14 Aug 09, we have been marred 4 years will that help us out in our case. Also I didn't send any pic or anything, did I mess up by not sending anything with the I-751. I have a ton of pictures and stuff that proves that we are married, and we also have had a beautiful little girl since she received her temperary green card. she just turned two on 3 NOV 09.


There is no 'temporary' green card - there is a conditional green card - the condition being that it is for 2 years and you need to prove the validity of your marriage before you get a 10 year card. Anyone who is married for less than 2 years when the green card is approved is supposed to receive the 2 year conditional card and needs to apply to remove the 'conditions' within the 90 day window before the 2nd anniversary of the green card date. We were married nearly 4 years when I applied to remove conditions as well - married June 19, 2004 and my green card was approved May 26, 2006 so we were approved about 3 weeks before we would be eligible for a 10 year card.

If you sent lots of other good evidence - and the birth certificate of your child is very good evidence - you should be fine without photographs. Good luck.
Kathryn41FemaleCanada2009-12-02 17:50:00
Removing Conditions on Residency General DiscussionMissed I-751 Deadline NEED HELP!
Actually, status is now terminated. It is beyond the grace period to file the I-751 and the OP really doesn't have a valid reason for missing the filing date - USCIS doesn't accept "we were expecting a form and didn't know we had to file now". Yes, the lawyer gave you poor advice. The good news is that the I-751 wasn't 'denied', so based on the information posted earlier in this thread, the OP can still re-apply for another green card as the spouse of a US citizen. It would be the same as someone who is filing for an AOS late and from out of status. There is no point to apply for the I-751 now - it would just be denied, and then - also according to information posted earlier in this thread the OP would not be eligible to file for AOS and would have to start the whole immigration process all over again from outside of the country.

Definitely do see a competent immigration lawyer but I believe that your best plan of attack is to bite the bullet and apply for the AOS all over again, also submitting an I-130 petition. Once the AOS is filed the OPs status becomes legal again while waiting for a decision. Apply for an EAD as well, but it is probably not useful to apply for an I-131 - just don't leave the US until you get a decision on the AOS. The good news about this is that if the AOS is accepted and approved it will be for a 10 year card - no need to remove conditions.


Kathryn41FemaleCanada2009-11-16 23:18:00
Removing Conditions on Residency General DiscussionI751
QUOTE (nickles only @ Dec 2 2009, 06:02 PM) <{POST_SNAPBACK}>
so what if all i sent off was the money orders and the form I-751. and nothing else?
what would happen, would they ask for more info?


It would either be denied outright or you would receive an RFE (Request for Evidence) asking you to submit proof of the validity of your marriage. If you are very lucky they will return the whole thing to you as 'incomplete' and not cash the money order at which time you should complete the application following the instructions and send it back.

This is the one time when you shouldn't be cavalier about USCIS's role in your life. You are required to prove to them that your marriage is valid. Married people mingle their lives together personally, socially and almost always financially. They present themselves to the world as a married couple sharing a life. They share assets and they share liabilities. You need to provide proof of these shared assets and liabilities to USCIS. You need to provide evidence of your shared life that covers the whole time of your marriage. This requirement is listed in the instructions so if you haven't provided it, you haven't read the instructions as well as you should have.

This is right from the instruction sheet for filling out the I-751: http://www.uscis.gov.../I-751instr.pdf

Evidence of the Relationship
Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should cover, but not limited to,the following examples:
1. Birth certificate(s) of child(ren) born to the marriage.

2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence.

3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, joint installments or other loans.

4. Other documents you consider relevant to establish that your marriage was not entered into in order to evade the U.S. immigration laws

5. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.

You need to read over the rest of the instructions because there are other things you also need to provide (ie. copy of green card, evidence of criminal or court records, if applicable, etc.)

Edited by Kathryn41, 02 December 2009 - 06:33 PM.

Kathryn41FemaleCanada2009-12-02 18:25:00
Removing Conditions on Residency General Discussionconfused with what's next
Moved from US Citizenship Forum to Removal Of Conditions Forum as that is the OPs next phase in her Visa Journey
Kathryn41FemaleCanada2009-12-03 23:01:00
Removing Conditions on Residency General DiscussionWhy am I suddenly getting confused at this point?
. . . and just as importantly you have to file before the 2 year green card expires so you basically have a 90 day window to apply.
Kathryn41FemaleCanada2009-12-05 21:28:00
Removing Conditions on Residency General DiscussionLive in US, but work in Mexico everyday
And, if by any chance she does not receive the NOA letter, she can make an infopass appointment at the local USCIS office and get the I-551 stamp placed in her passport.
Kathryn41FemaleCanada2009-11-29 19:00:00
Removing Conditions on Residency General DiscussionLate I-751 was APPROVED AND EXTENDED!!!
Congratulations on the NOA . That was a nicely written letter. Well done. Good luck on the rest of the process - and I am sorry to hear that you are having such a difficult time with your wife. Hopefully it will all work out well in the end.
Kathryn41FemaleCanada2009-12-08 21:31:00
Removing Conditions on Residency General DiscussionMy ROC Nightmare
Good luck tomorrow - and yes, apply for your citizenship as soon as you are eligible. If it helps any, many ROC interviews are conducted because of 'statistical 'reasons - they need to interview a specific number of individuals and they are randomly selected by a computer. I hear you about the frustration though - my ROC took a year to be approved as well. So, hang in there and good luck. (For what it is worth, the N-400 is the easiest part of the whole process - and the fastest).

Edited by Kathryn41, 09 December 2009 - 08:58 PM.

Kathryn41FemaleCanada2009-12-09 20:57:00
Removing Conditions on Residency General DiscussionFinaly! 10 Yr. Green Card
Congratulations! That's great news.
Kathryn41FemaleCanada2009-12-13 11:55:00
Removing Conditions on Residency General DiscussionNeed Advice From Smart VJ'ers
Just as an added comment, if you have enough other supporting documentation you don't need a lease or ownership documents. My husband bought our house before we got together. His name is the only one on the mortgage and ownership papers. We have sufficient other evidence to show we are happily married and co-mingling our assets and my Removal of Conditions was approved without me submitting a lease or any documents that related to joint home ownership. It is nice to have but as long as you have enough other evidence it isn't a requirement. Getting your parents to state that you both live there together should be fine.

You are the smart one, actually, looking a year in advance and trying to get the documents you need organized now. One of the things I did that I found very useful is to set aside a box and anything that came in the mail addressed to both of us or related to living in the same house (ie drycleaning bills, lawn services bill, house maintenance, etc.) that had my name on it as well, went into the box. That way I just needed to sort through the box and select a good sample of varying documents to submit with the ROC application.

Good luck to you.
Kathryn41FemaleCanada2009-12-13 12:02:00
Removing Conditions on Residency General DiscussionSome Qs (tax returns/Vermont Service Center)
If you are using your personal tax returns you need to include copies of everything - all of the W-2s, the attachments, everything. It is actually easier to call up the IRS and request tax transcripts. These are less cumbersome and contain all of the necessary information - and they are free smile.gif .

Yes, USCIS does accept personal cheques.. They need to be made out to the Department of Homeland Security - spelled out like that and not using the initials. Personal cheques are actually a good idea because you can check with your bank when they are cashed.

Sending the package USPS Priority with delivery confirmation and if you want a return receipt (I did both, hehehe) is fine. Whatever way you send it make sure you use something that provides a tracking number with it. I liked the return receipt because it gave me an extra validation of the delivery date - something tangible I could put in my file.

Good luck.
Kathryn41FemaleCanada2009-12-13 20:50:00
Removing Conditions on Residency General DiscussionUSPS screwed me up
Something to check into - ask USCIS if they still have the returned envelope that they mailed. The reason I say to check this is that I received one of my APs and I think USPS did an incredible job identifying the correct address from the way the mailing label was so badly smeared - smearing that had to happen when the label was being printed. Basically all that was visible was part of my name, the street number and part of the street - if you looked very very closely, and the postal code - again if you looked very very closely. I would not have blamed them one bit if they had returned it as undeliverable because the printed label was practically undecipherable. Someone at USPS took the time to make sense of what they could read. If the label on the envelope they sent you suffered the same fate, then the flaw isn't with USPS - it was with USCIS for printing an undecipherable label that could not be delivered. I would request them to pull your file and ask someone to look at the address label because you believe it is their fault that the envelope was not delivered due to a label printing error.

Good luck.
Kathryn41FemaleCanada2009-12-16 22:48:00
Removing Conditions on Residency General DiscussionNO NOA1
I'm glad you finally got your NOA! Hope you receive your 10 year card soon.

For information in case others are wondering, if you do make an Infopass appointment because you haven't received your NOA extension letter and your green card is about to expire, yes, they do stamp your passport with the I-551 stamp at the time of the appointment. Mine was stamped for a year's extension. The only problem was that I then had to carry my passport with me until I received the 10 year green card. I also travelled outside of the country and back with the passport stamp - no problems. smile.gif
Kathryn41FemaleCanada2009-12-14 21:35:00
Removing Conditions on Residency General DiscussionNO NOA1
QUOTE (Susan73 @ Dec 1 2009, 10:03 AM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Nov 30 2009, 10:00 PM) <{POST_SNAPBACK}>
I never received an NOA either. You don't need it for your biometrics appointment but you do need something if your green card is due to expire soon. The best thing to do is to make an InfoPass appointment at your local USCIS office ( http://www.uscis.gov = choose 'make an infopass appointment' from the lower left hand side of the page). Bring along your green card and your passport with you to the appointment - they will use your A number to access your file and will put an I-551 stamp in your passport that usually will be good for 6 months to a year - plenty of time in which to receive your new 10 year green card. The I-551 stamp is just like a green card and is recognizable for travel and work eligibility.



Thank you all for taking time off to actually read my post and give me very accurate and clear replies...that makes me feel better now about not getting my NOA1 yet.
My FPrinting is on Dec 10th...will go for it.
My GC expires Jan 30th so I have 2 months and will wait I guess till the end of Dec before I make the InfoPass Appointment...
What do you folks suggest???
I get it now, wait for another month or wait till 1 week before my GC expires.....



You're welcome. smile.gif

I filed in February and my green card was due to expire in May. I made an InfoPass for 3 weeks prior to when my green card was about to expire. I wouldn't try to get an extension until you are closer to the expiry of your green card because it is still valid for now and you may yet receive either the NOA or even the 10 year green card itself before the 2 year one expires. Once you get closer to the time -or if you know you will be travelling out of the country when the green card expires - I would make the InfoPass appointment for then. You do need to prove you need the I-551 stamp to USCIS and you really don't until January 30th.
Kathryn41FemaleCanada2009-12-02 18:55:00
Removing Conditions on Residency General DiscussionNO NOA1
I never received an NOA either. You don't need it for your biometrics appointment but you do need something if your green card is due to expire soon. The best thing to do is to make an InfoPass appointment at your local USCIS office ( http://www.uscis.gov = choose 'make an infopass appointment' from the lower left hand side of the page). Bring along your green card and your passport with you to the appointment - they will use your A number to access your file and will put an I-551 stamp in your passport that usually will be good for 6 months to a year - plenty of time in which to receive your new 10 year green card. The I-551 stamp is just like a green card and is recognizable for travel and work eligibility.

Edited by Kathryn41, 30 November 2009 - 10:02 PM.

Kathryn41FemaleCanada2009-11-30 22:00:00
Removing Conditions on Residency General DiscussionGreean card expiring
$545 is the correct total fee.

Shami, it is very important that you do not file late when you file to Remove Conditions - you need to file during the 90 day window of time directly before the 2 year green card expires. The application form itself is very straight-forward; what is most important is that you provide all of the evidence they request to show that your marriage is indeed valid and not entered into to gain a green card. There are some great lists of documents that people have submitted provided in this forum so don't hesitate to read over the other posts that list what evidence people included. It will give you some great ideas of things you can use.

Read over this guide to Removal of Conditions as well - it will provide you with what you need to know. http://www.visajourn...p;page=751guide

Good luck.

Edited by Kathryn41, 21 December 2009 - 09:02 AM.

Kathryn41FemaleCanada2009-12-21 09:00:00
Removing Conditions on Residency General DiscussionI 751
I agree with Dakine's advice. File the N-400 and contact your Senator's office and ask them to investigate on your behalf. Good luck.
Kathryn41FemaleCanada2009-12-21 08:54:00
Removing Conditions on Residency General DiscussionFinally, after 2 years and 4 months - My I-751 is APPROVED!
That is awesome! It definitely deserves it's own thread. A Hearty Congratulations!
Kathryn41FemaleCanada2009-12-02 19:12:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
QUOTE (bradam2001 @ Dec 23 2009, 10:45 PM) <{POST_SNAPBACK}>
We sent my wife's citizenship papers to Lewisville via express
the address is correct but it says online that it was fwrded to another address. it says the address is incorrect
went to post office a couple of times to inquire why, no help
after 10 days we received a letter from ins that they received the paper work
but usps still has no updated info

Hope you get your mail back or it has been delivered


Actually, USCIS announced a change of address for Naturalization applications on December 17th. Applications will be automatically forwarded until January 31st after which time the Post Office will do the forwarding. There is a posting about the information in the US Citizenship forum.

http://www.visajourn...howtopic=233730

Edited by Kathryn41, 23 December 2009 - 11:09 PM.

Kathryn41FemaleCanada2009-12-23 23:07:00
Removing Conditions on Residency General DiscussionUSPS!!! WHAT THE FU... IS GOING ON???
I'm really sorry you are having to go through this nonsense - and it is nonsense. You sent it to the correct address in a flat rate envelope that the USPS counter personnel themselves stamped. We had a problem with a mis-delivery a while back and got the local postmaster involved. We had no success with the USPS personnel we talked to until we got the postmaster involved. Then we got action, quick action - and at USPS expense. You have already made contact with your postmaster. When you get the package back, take it to the postmaster and have USPS correct their mistake. It should be at no charge to you. Right now, write a letter to the PostMaster detailing the situation, asking them to find your envelope asap and stating that since it is their error, that they be responsible for delivering it properly at their expense. Be sure to advise them that it contains time-sensitive legal documentation required by Department of Homeland Security and that your legal status in the US is dependent upon the timely receipt of this package - status that their failure to handle the package correctly has now compromised. I expect you will get the necessary action.

Good luck to you.
Kathryn41FemaleCanada2009-12-23 19:21:00
Removing Conditions on Residency General DiscussionBest evidence in my situation?
Unacceptable posts ridiculing the OP have been removed. This is the Immigration Forums. Comments that might be allowed in Off Topic are totally unacceptable here. Anyone continuing to post Off Topic type of comments in this thread will face administrative action.
Kathryn41FemaleCanada2009-12-28 19:08:00
Removing Conditions on Residency General DiscussionReceived Extentione letter today Jan 02
Congratulations! It's always a relief to get that letter.
Kathryn41FemaleCanada2010-01-02 14:24:00
Removing Conditions on Residency General DiscussionImmigration took away GC!
Some USCIS offices do take the expired or soon to expire green card and some don't. I didn't receive an NOA either and got the I-551 stamp in my passport. My green card was returned to me. Others who also didn't receive their NOAs and got the stamp did have their green cards taken. If it is a regulation, it is not applied across the board and seems to vary from office to office. Regardless, the stamp in your passport takes the place of your green card. The down side of this is that you now need to carry your passport with you as proof of your legal status in the US. Be sure to make several good copies of your passport and the I-551 stamp. Hopefully, your ROC will be approved quickly and you will receive your 10 year green card. My application, unfortunately, took 12 months so I had to carry my passport with me all that time - which was a concern to me. Good luck.
Kathryn41FemaleCanada2010-01-04 21:08:00
Removing Conditions on Residency General DiscussionConstant Abuse and threat from US citizen(wife)
I'm sorry that you are having a difficult time. No one - either a man or a woman - should have to put up with abuse of any kind.

Start to gather now the evidence that shows you married in good faith and have lived together in the same house as husband and wife for the duration of your marriage along with the documents (eg police report) that show the break-down of your marriage.

If your name appears on any bills or ongoing expenses of the house, make copies; if you have a joint bank account, make copies of the statements; if you jointly use a credit card, make copies of the statements; if you have been added to the lease or mortgage of the house, get a copy - or get a letter from the landlord or neighbours who can write an affidavit that they know you have been living at that address from such and such a date to when you move out. Are you listed as a beneficiary on health insurance or other insurance plans, on vehicle registration or insurance, do you share a phone plan with separate cell phone numbers; do you have mail that is addressed to both of you - (eg. cards, etc.) - try to save the envelopes showing the mutual address. Obtain copies of tax transcripts as they would show you both filed as married even if you filed separately. If the two of you have made attempts to save this marriage by going to counselling, try to include documents that show that as well. Obtain a copy of her driver's license and your's showing the same address - the same with copies of health insurance cards and memberships you have in common (eg Costco, etc.). Get photocopies of any photographs showing the two of you together during day to day life or special events

Once you file for divorce or if the violence escalates and you end up moving out it sounds like your wife would not co-operate to help you obtain the necessary documents so try to get them now while you still have access to them. If you do divorce, you need to file to Remove Conditions when the divorce is final rather than waiting until 90 days prior to your green card expiring. If your divorce is not final by the time you need to file, however, file anyway so you meet the filing deadline. You can then withdraw that petition and file with the waiver when the divorce is finalized.

Good luck to you, and again, I am sorry you are having this experience.

Edited by Kathryn41, 06 January 2010 - 09:25 PM.

Kathryn41FemaleCanada2010-01-06 21:22:00
Removing Conditions on Residency General Discussioninterview
Where are you in the visa process? Your profile shows you have filed for the K-1. Are you currently filing for Removal of Conditions or are you planning ahead (always a good idea).

Basically, every K-1 will have an interview before they are issued the K-1 visa. When you marry and apply for AOS, most K-1s do not have an interview to get the initial greencard, although some do. Most non-K-1 applicants are interviewed for their first green card.

When you file to remove conditions on a green card, most applicants do not require an interview, although some will be interviewed. Interviews are given for 'statistical purposes' - which means they are randomly selected by a computer so that they will have interviewed a certain percentage of applicants; for applications that indicate a problem - ie poor evidence, divorce or separation after a short marriage, things like that.

There is no way to predict if you will or will not have an interview at the AOS and the Removal of Conditions stage of the process. It is best to plan that you will and then you are pleasantly surprised when you do not.

Finally, there is always an interview for a citizenship application.

I hope this answered your question.

Edited by Kathryn41, 05 January 2010 - 08:30 PM.

Kathryn41FemaleCanada2010-01-05 20:29:00
Removing Conditions on Residency General DiscussionBiometrics and Interviews
Biometrics will be done at your local USCIS office or the local ASC (Application Support Center). Interviews, if they are required, are held at your local USCIS office. You will receive notification in writing for the date and time and location of the biometrics appointment. The majority of ROC applicants are not interviewed, but if you are selected you will receive a letter with the date, time and location.
Kathryn41FemaleCanada2010-01-10 12:08:00
Removing Conditions on Residency General DiscussionAre you interviews again, when applying for Removal Of Conditions
The majority of applicants for Removal of Condition do not receive interviews. If there are obvious red flags in your situation or if you don't file sufficient evidence to prove the validity of the marriage you may receive an interview request. Everything may be perfectly fine in your application but you may also be randomly selected by a computer for an interview as part of ensuring they do enough interviews. The timing of the process varies depending upon where you file. VSC (which is where you will file if you are in New York) is taking longer than CSC. The process can take anywhere from a few months to a year with the average being around 4 to 7 months now. Read over the guide Anh map provided through the link and you will find many of your questions answered.
Kathryn41FemaleCanada2010-01-10 12:05:00
Removing Conditions on Residency General DiscussionToo early to get Ombudsman involved?
QUOTE (Triniwaiting @ Apr 29 2009, 12:13 PM) <{POST_SNAPBACK}>
QUOTE (CanAmCharlotte @ Apr 29 2009, 10:31 AM) <{POST_SNAPBACK}>
QUOTE (KingCan @ Apr 29 2009, 09:34 AM) <{POST_SNAPBACK}>
I am in the same situation here, I aplied to remove my condition in April 2008 and still waiting...BUT there's no reason to panic until your 1-year extension is expired...before that, you have no leverage against USCIS. My extension will expire in August 2009 so until then there's not much I can do. If I don't receive my 10-year GC by then, it will be a total of 15 months waiting (I-751 90 days window + one year extension). It's frustrating I know, but you have to play with their rules.

Peace all.


You had an RFE which you have responded to so maybe you are closer than you think. From what I gather, most peple get approved shortly after their RFE. Have you applied for naturalization?



Another day no mail from USCIS no email update.I dont know why i act shocked blink.gif blink.gif .I really did not want to apply for citizenship but it sems that i may hav to.I did not want to because my Trinidad passport expires soon and wanted to renew it minus becoming a US citizen and having to declare that on the renewal form.Oh well N400 here i come another chapter added to the saga.The saga of USCIS bs, money sucking from immigrants and being ignored.I pray to god that if i file for citizenship it does not drag on for ten months.Because that will make me even more pissed than the I751 wait. I have one question though.Since my green card expired Sept 06 2008 and i submitted I 751 in July.Do i have to get a 1551 stamp in September when my card expired or July as my receipt date.



You would make the Infopass to get the I-551 stamp in your passport prior to the 1 year anniversary of your green card expiry - the NOA letter extends the greencard for an additional year from its expiry so if it expires in September 08, you are good with your letter until September 09. When you get the I-551 stamp, however, the next year starts on the date of the stamp in your passport and not the expiry date of the green card.

Good luck - I hope all of that information becomes a moot point long before your NOA letter expires because you have received your permanent card.

Good luck to all who are enduring long waits - it is absolutely ridiculous! Definitely contact your Congressmen/Senators and get them involved.
Kathryn41FemaleCanada2009-04-29 14:48:00
Removing Conditions on Residency General DiscussionI-751 requires additional evidence
Yes, some of the documents from USCIS don't look very professional. If it says it is a Request for Further Evidence, then take it at it's face value and provide the additional documents requested. It means they are working on your file and once they receive what they are requesting you should have a decision very soon. Good luck.
Kathryn41FemaleCanada2010-01-23 22:11:00
Removing Conditions on Residency General DiscussionShould I use our joint-account check to pay I-751 FEE?
Duplicate threads merged and duplicate post removed. It is not necessary to start more than one thread on the same topic.
Kathryn41FemaleCanada2010-01-23 12:03:00
Removing Conditions on Residency General Discussionrenewing 10 year card

So ten years from now (or 9 years 6 months from now) I will have to renew my ten year green card (if I don't become a citizen). But I'm a bit confused. Reading some guides it seems that along with the application fee a biometrics fee is also included. I thought that biometrics wasn't needed again, that you just had to include your photo with the application. Could someone please shed some light on this! Thank you very much.


When you renew the 10 year card using the form I-90 you will be required to redo biometrics as well if you have not had biometrics done in the last 15 months. The biometrics confirm that you are indeed the person you say you are but need to be redone if more than 15 months have passed since the last biometrics.
Kathryn41FemaleCanada2010-01-24 12:24:00
Removing Conditions on Residency General DiscussionMailed Joint1-751 Petition to Removal Condition of Status
Looks good. You should have no problems.
Kathryn41FemaleCanada2010-01-24 12:27:00
Removing Conditions on Residency General DiscussionBiometrics

Hi Everyone,

We never received an appointment for our biometrics after 60 days of waiting. I finally called USCIS and told them. After a few days we received the email below from the USCIS stating that my wife's biometrics was current and she doesn't need one. They also stated that we would not get a refund for the biometrics.

I am glad that the USCIS answered our request for information so quick, but I am a little torqued about paying the $85.00 for the biometrics and not needing it; then the USCIS telling me they are not going to refund it. What a SCAM!

Is this a normal occurance? Do people pay for the biometrics and then the USCIS tells them they don't need it? I have also heard that some of my wife's friends sent their 751 package and the next communication they got was the 10 year green card in the mail. Does this happen or is my wife getting bad info? Do you think I have a chance of getting a refund on my $85.00?

Thanks for all of your info ahead of time.
:wacko:
Reach449

PORTION OF EMAIL FROM USCIS:
The status of this service request is:

A review of U.S. Citizenship and Immigration Services (USCIS) records
indicates that your biometric information is current and it is not necessary
for you to appear at an Application Support Center (ASC) for a biometrics
appointment at this time. The biometrics fee will not be refunded. USCIS
will contact you if updated biometric information or any other additional
information is needed to process your petition.


Well, that is interesting. Fingerprints are supposed to be valid for 15 months yet the removal of conditions are to take place 90 days before the expiry of the 2 year card so at the very least that would be 21 months. Did your wife re do her biometrics recently for some reason? I have never heard of this happening before except for one case where the green card had been lost and they requested new biometrics when they sent in the request for a replacement. The biometrics were less than 15 months old when they filed to Remove Conditions. There have been a few cases where Citizenship applicants did not have to redo biometrics as they were told theirs were still valid, although most people end up redoing them even though they are within the 15 month time period. Regardless, whether you redo biometrics or not, you won't be getting a refund. That word is unknown in USCIS' vocabulary.

Yes, it is very common just to receive the 10 year card in the mail without any other type of communication - except the biometrics. Very few people end up having interviews for the Removal of Conditions so this is the norm. The major exception is when someone receives a Request for Further evidence (RFE), otherwise you just receive the card.
Kathryn41FemaleCanada2010-01-24 12:19:00
Removing Conditions on Residency General Discussionpassports for dependents

I believe the kids become citizens too based on the parents application. They will be citizens the day the wife becomes one. They won't have to wait 2 more years after their mother to become citizens.


This is correct. They will need to file the N600 application to receive their proofs of citizenship, however, they would then have derivative citizenship through their mother.
Kathryn41FemaleCanada2010-01-24 20:13:00