ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionVSC approved!
Congratulations!
Kathryn41FemaleCanada2008-11-21 11:02:00
Removing Conditions on Residency General DiscussionI-751 pending - VSC (NOA1 02/05/08)
Right - there have been no approvals yet for any applications submitted to Vermont or transferred to Vermont that were filed in 2008. They are still working on 2007 cases - mainly December, but there are still applicants who filed earlier in 2007 who are not yet approved. January 2008 is coming - I have been wondering if they will finish 2007 before moving on to 2008 or continue into January while still finishing 2007. Time will tell.
Kathryn41FemaleCanada2008-11-24 16:37:00
Removing Conditions on Residency General DiscussionVSC Approval after RFE
Yippee! That is long overdue!
Kathryn41FemaleCanada2008-11-20 19:19:00
Removing Conditions on Residency General DiscussionJeez - how long is this gonna take?
From the figures we are keeping here on VJ there hasn't been a single person who filed in 2008 to Vermont yet approved. They are still working on applications filed December 2007 and earlier. I am close to you - I filed the end of February - so am eagerly looking forward to hearing something soon. Hopefully we'll both just receive the email notice or the green card in the mail letting us know we are approved.

Edited by Kathryn41, 24 November 2008 - 10:30 PM.

Kathryn41FemaleCanada2008-11-24 22:29:00
Removing Conditions on Residency General DiscussionJeez - how long is this gonna take?
No problem! ###### and kvetch and whine all you like - the rest of us do! Hehehehe. How frustrating it would be not to be able to see the biometrics number on line!! Hopefully they will get to you soon.

If you are still waiting when the NOA expires you just make an infopass at the local office and get the I-551 stamp in your valid passport - or if you don't have a valid passport, bring 2 passport photos and they make up an I-94 extending your status with the stamp and place that in your expired passport. Let's hope you get approved (and me too - I am also a February filer ) before that.
Kathryn41FemaleCanada2008-11-12 13:13:00
Removing Conditions on Residency General DiscussionJeez - how long is this gonna take?
Hmm, it is usual for the NOA and the Biometrics appointment letter to have different case numbers. The NOA number is for an internal use only and can't be searched for by the applicant on line, however, the biometrics number is supposed to be searchable on line. There are a few who have not been able to do so, but they are few and far between.

I believe, being in Minnesota your file should have been forwarded to California from Nebraska, so you should have heard something by now. If your file was in Vermont I would say, wait, as they are still processing applications from November and December. I think it is time for an infopass appointment at the regular USCIS office not the ASC office. I am not surprised the biometrics people had no idea because they don't do the paperwork - just the fingerprints - and may not know that Removal of Conditions applications have two separate numbers. It seems to be the only case where this happens. I wonder if by putting your biometrics under the NOA number instead of the biometrics number they basically put your file on hold because it still reads like you have never had biometrics done. The number on the biometrics form is the one that needs to be approved, not the NOA one.

Take both documents to the USCIS for your infopass and tell them what happened. They should be able to straighten it out for you. They will use your A number to search but bring your expired green card as well. Good luck.

Edited by Kathryn41, 12 November 2008 - 01:00 PM.

Kathryn41FemaleCanada2008-11-12 12:57:00
Removing Conditions on Residency General DiscussionCase not in the online system
And if you are not able to access it online using the biometrics number, give a call to the 1-800 Misinformation line and see if they can check on their computers using your biometrics number. There was one other case recently where she couldn't access the online status update but the information line could so she has to phone in for updates. Yours may be another.
Kathryn41FemaleCanada2008-11-24 16:40:00
Removing Conditions on Residency General DiscussionCard Production Ordered (Old TSC)
Wow - the first from 2008! Way to go!
Kathryn41FemaleCanada2008-11-25 21:25:00
Removing Conditions on Residency General DiscussionReceipt dates discrepancy
The only thing I can think of is that you filed at Texas and the file sat there for a few months before it was transferred to Vermont, then Vermont gave it a new receipt date. I expect you will be reviewed based on the NOA receipt date that you have, not the online one.
Kathryn41FemaleCanada2008-11-25 21:36:00
Removing Conditions on Residency General Discussionlifting conditions
Yes, you can do this yourself. I have done the whole process myself (minimal input from my husband even as he hates paperwork, hehehehe). Read over the instructions on this forum. Read over the actual I-751 application form as well as the instructions. Make a list of everything that you need. Gather together everything that you have. If you feel uncomfortable or overwhelmed by this, then you can certainly continue to use a lawyer - however, You are still doing all the legwork because you have to gather all of the evidence anyway. The form is an easy one to fill out and then it is a matter of making sure you have as much evidence as you can from the different categories listed (you may not have some, ie. birth certificate if you have no children - don't worry about that). You can also use the experiences of the many people here who are going through the process if you have questions.

Good luck. My vote would be to go ahead and start working on the process on your own and then decide if you want to use a lawyer or not depending on how comfortable you feel when you get an idea of what is involved.
Kathryn41FemaleCanada2008-11-25 21:22:00
Removing Conditions on Residency General DiscussionYAHHHHHH GC RECIEVED!!!!
Nice to know they are fast at something! Congratulations.
Kathryn41FemaleCanada2008-11-24 22:26:00
Removing Conditions on Residency General DiscussionQuestion about marriage less than 2 years???
If, when your AOS is approved, you have been married 2 years - not 1 year and 363 days - but two full years, you will receive the 10 year green card. If you have been married even 1 day less than 2 years you will receive the conditional green card. My AOS was approved 3 weeks prior to our 2nd anniversary - and we are now waiting for the conditions to be removed. Others were less lucky - there are some here who received their AOS a week before their 2nd anniversary. It sounds like your interview will be short of your 2nd anniversary so you will probably get the conditional card. You can always cross your fingers, though, that if they are going to be late, that they are really, really late and you pass your 2nd anniversary before you get your green card. Good luck either way.
Kathryn41FemaleCanada2008-11-29 18:08:00
Removing Conditions on Residency General DiscussionRemoval of Conditions - 2009?
QUOTE (MarieAnastasia @ Nov 29 2008, 11:31 PM) <{POST_SNAPBACK}>
Hi there, it's been quite a while since I've been on here. We live in the country so we can not get High Speed!!!! We were on Dial-Up then tried Verizon Wireless (cannot get in my area crying.gif ..we were without Internet a spell....So we're back to Dial Up
Anyway, my Removal of conditions is January and I haven't even started anything. My question is.,...As I am working , will I have any problems not having my removal done in time. I am sending it in this week. Can I still work? Probably sounds like a silly question, however, the process for all this is so long and tedious, I'm never sure of anything.
Hope everybody is well. I'm still homesick and I have been here 2 1/2 years but I still married the greatest guy in the world. Love going back home whenever I can,


Love-Live-Laugh.....................MarieAnastasia


As long as you get your application package in before your green card expiry date you should be fine. It is a good idea to allow extra time rather than filing at the last minute as sometimes your package might be rejected (ie. you forgot to sign it, used an out of date form, sent the wrong amount, etc.) and have to resubmit it and that would take more time. Yes, once you send your package in you can still work. You will receive a receipt NOA that will extend the validity of your green card for work and travel purposes for one year. If you don't receive the receipt in a reasonable time (about 30 days) or before your green card expires you can go to your local USCIS office and they will put an I-551 stamp in your passport that proves you are still a legal resident. Good luck.
Kathryn41FemaleCanada2008-11-30 11:42:00
Removing Conditions on Residency General DiscussionRemoval of Conditions - 2009?
Yes, you will go through Vermont, and yes, you will have to redo biometrics. Happy Thanksgiving.
Kathryn41FemaleCanada2008-11-27 14:34:00
Removing Conditions on Residency General DiscussionMy I-751 Packet
Looks good to me! Good luck.
Kathryn41FemaleCanada2008-11-30 11:38:00
Removing Conditions on Residency General DiscussionSocial Security Card
Yes, you actually could have had the conditions on your SSN card removed after you got your AOS, but you can definitely have them removed now.
Kathryn41FemaleCanada2008-11-30 18:20:00
Removing Conditions on Residency General Discussionapproval letter from local office
QUOTE (cutenurse300 @ Nov 29 2008, 08:05 AM) <{POST_SNAPBACK}>
QUOTE (aidan80 @ Nov 29 2008, 12:41 AM) <{POST_SNAPBACK}>
Sorry I can't offer any help or advice. I had to read the post, I've not read anything like it before. I'm sure other's have and will know what is procedure is.


Ye i think it's kind of unusual forwarding the case after RFE to the local office,maybe the plan was initially an interview,but they were satisfied with the evidence.That's all i can think of.any ideas or advice?


That was my thought, too.
Kathryn41FemaleCanada2008-11-29 10:41:00
Removing Conditions on Residency General Discussioni-751 denied ! help
Yeah, that is the frightening part of all of this - when you play by all of the rules and dot all the 'i's and cross all the 't's - and through no fault of your own something like this happens. You are doing the right thing making the infopass appointment. They will be able to advise you of the next best step. Do seek a consultation with a lawyer as well. Why not prepare the I-290 just in case and if that is the necessary route, see if you can file it during the INFOPASS. If you don't need the form, then you can tear it up. Just remember, the mis-information line isn't called the Misinformation line for nothing. Any advice you received through a phone call is suspect unless you were forwarded to an actual immigration officer. The people who answer the phones and who attempt to answer the questions are not immigration staff - they work for a call center and are responsible for a lot of grief through their misinformation. Good luck with getting this mess straightened out quickly and inexpensively.
Kathryn41FemaleCanada2008-11-21 16:12:00
Removing Conditions on Residency General DiscussionNew K1/K2 rules you didn't know
Yep - the people who answer the phones are not immigration staff - they are call center staff. The only way you might be able to get half way decent information from calling is if your call is escalated to an Immigration officer. That means that the person who answers the phone puts you on hold and transfers you to someone who actually works in Immigration. Follow the written instructions that you have received from USCIS and don't rely on spoken information from the Mis-information Line.
Kathryn41FemaleCanada2008-11-14 17:58:00
Removing Conditions on Residency General DiscussionIncome Tax Question
Your tax documents aren't being submitted to verify any income levels or the affidavit of support - they are filed to show that you are co-mingling assets and declaring yourself as married for official sources. Your husband filing as single rather than married, filing separately is a red flag. If you include his papers also include the amendment request he made to IRS to change his filing status whether you have received the updated returns or not. These are documents to prove the validity of your marriage - and his documents raise questions about that validity. Be careful. You don't want USCIS to think your marriage is not valid due to his incorrect filing.
Kathryn41FemaleCanada2008-11-26 20:18:00
Removing Conditions on Residency General DiscussionHelp With Package
Yes, use joint tax returns as well as correspondence sent to you from friends and family for the year you lack much evidence. Have your in-laws write a letter - and get it notarized - that you two lived with them from such and such dates to such and such dates and they attest the sincerity/validity of your marriage. Then, in your cover letter with the package, write a clear explanation that your conditional greencard was delayed for a year and you were under the impression that you were not able to add your name legally to such things as bank accounts, etc. until you could prove you were a legal immigrant. State that the moment you did receive your green card you did add your name wherever you could as that adds additional weight to your statement.

Good luck:-).
Kathryn41FemaleCanada2008-11-29 10:46:00
Removing Conditions on Residency General DiscussionWhat if we're not in the U.S. at the time?
However, there is also a residency requirement for actual physical presence within the US during those 3 years with a minimal amount of time - 6 months or less, I believe - outside of the country. Interruption of the physical presence resets the clock so unless you are willing to wait until your wife has been physically present in the US for 3 years after receiving her green card and applying for citizenship, she is going to have to wait until she returns to the US to restart those 3 years.

I think you are interpreting the information a lot more liberally than immigration would. I still say you are taking high risks with your wife's green card status by pursuing your proposed course of action. The decision of whether or not she is living in the US as per her green card status isn't yours to determine - it will be done by Immigration officials who will decide if she does or doesn't meet the physical presence test. Good luck.

You may wish to make an infopass appointment with Immigration and discuss your planned course of action and possible repercussions in person. Don't rely on the Misinformation 1-800 number - they are not immigration people, only call center staff reading off of a script.
Kathryn41FemaleCanada2008-12-07 19:50:00
Removing Conditions on Residency General DiscussionWhat if we're not in the U.S. at the time?
QUOTE (DanKearney @ Dec 6 2008, 12:40 PM) <{POST_SNAPBACK}>
Greetings All,

I'ts been a wonderful year-and-a-half not having to deal with any immigration processes. The clock is ticking however, and my wife's two-year anniversary comes up in the middle of May 2009. I've got a couple of questions that I haven't seen addressed in any of the other posts or the FAQ and of course not on the USCIS website. I'm hoping someone else has already gone through the same process and might know. So here goes:

1. I'm pretty sure one cannot submit the I751 more than 90 days before the 2 year anniversary date. Is that correct?

correct - 2nd anniversary of the greencard, not the marriage.

2. We're going to travel back to China for a month or so next year, probably in late March or as late as late May. I'm concerned that my wife will be required to be in the U.S. to attend the biometrics appointment during this time. Is there any way to either do the biometrics before we leave, without an appointment, or is it possible to have that done at a consulate or embassy in China?

you need to have the biometrics letter in order to get the biometrics done. You may be able to do a walk in appointment if the scheduled time isn't convenient, or you may be able to reschedule. You can't do the biometrics out of the country. You do have the option on the form to submit passport photos - you might want to read over the application form and its instructions.

3. If I understand correctly, the complete process is:

a) We submit I-751, fees, and supporting documentation.

cool.gif We receive a NOA letter from USCIS verifying receipt of the I-751, etc. This NOA is valid to show legal residency in the U.S. should the Removal of Conditions process go beyond the 2 year anniversary date. Is that correct?
not quite. You submit the application form prior to your green card expiring. Your greencard will probably expire before your I-751 is processed. The NOA extends the validity of the greencard for another year anticipating that your I-751 will be processed within that year.

c) We will receive an appointment to go in for the biometrics.

Yes, usually for about a month after the submission date

d) We "might" receive an appoinment for a joint interview.

Yes

e) Determination will be made and we'll receive the offical approval or disapproval.

Correct - although you may also receive a request for more evidence before either decision (RFE)

4. My wife is currently interviewing for a new position that would post her back to China to work. She might be in China at the time her current provisional Green Card expires. Will she be allowed to travel back to the U.S. after her two year anniversay date so long as she has her expired Green Card and the NOA from USCIS documenting that we've applied for the Removal of Conditions?

You might want to think seriously about this course of action. If you move to live in another country - and it is difficult to commute to China from the US - you effectively cancel your greencard. You need to be living in the US, not another country, in order to maintain permanent residency. If the position is only temporary and she still lives in the US, yes, she will be allowed to re-enter the US with her expired greencard and her NOA. If she moves to China to accept a permanent position, she is no longer a permanent resident in the US and is no longer allowed to live in the US. Please think carefully about accepting any type of permanent position outside of the US as you would have to start the immigration process over again from the beginning if you wished to return to the US. Also, she is allowed to be outside of the US without a problem for up to 6 months as long as she is still living in the US - and may be required to prove her ties. If her temporary position outside of the US looks like it will be for longer than that she needs to obtain a re-entry permit prior to leaving the US in order to be allowed back in. There are also time limits on how long she is allowed to be out of the country even with a re-entry permit. It may be as little as 1 year and as much as 2 years, but she needs to maintain permanent status in the US by maintaining ties here (an address, etc.)

Thanks again to everyone for your invaluable help and opinions.

Cheers,

Dan K.
Black Hawk, CO

Edited by Kathryn41, 07 December 2008 - 11:11 AM.

Kathryn41FemaleCanada2008-12-07 11:07:00
Removing Conditions on Residency General Discussiontax transcript
They may send a request for additional years. It will really depend on how much other evidence you provided. If you sent enough showing a co-mingling of financial and personal lives you should be fine. If your other evidence is light, they may request additional evidence including another tax transcript. Good luck.
Kathryn41FemaleCanada2008-12-07 10:52:00
Removing Conditions on Residency General DiscussionFew pages in my package!
Hehehe, I am the one who submitted the 300 plus pages - that is because the AOS took so long to get it arrived 3 weeks before our 2nd anniversary - so we had 4 years of evidence to submit. What we included were tax transcripts for 4 years, quarterly bank statements (full statements) for each account for 4 years; quarterly credit card statements (full statements) for 4 years; IRA and CD investment summaries for joint accounts or listing the other as beneficiary (3 years); house and yard maintenance bills paid by me at this address - since we don't have the mortgage in both our names (my husband bought the house prior to our marriage); life insurance with me as beneficiary; our wills; health insurance cards and example bills and statements (medical and dental) for 4 years; joint car loan and sample payment statements for 4 years; joint car insurance statement for 4 years; joint car registration for 4 years; AAA membership cards for 4 years; documents showing microchip registration at this address and both our names for our 5 cats; trip itineraries, boarding passes and luggage claim tickets for 4 flights we had taken together including trips to his parents and siblings and trip to my family, including 'family photographs' of us all together; 3 letters to me from my step-daughter and grand children; newsletter notices about my husband and me; envelopes addressed to both of us from family and friends - I think that was about it - oh, and we were audited by the IRS my first year here so we included the notice of audit and the notice of decision addressed to both of us.

You might find some more examples to include within that list, but for a lot of it it was really because we do have a lot of areas in which we have co-mingled assets and we covered all 4 years of our marriage.

Edited by Kathryn41, 29 November 2008 - 01:01 PM.

Kathryn41FemaleCanada2008-11-29 12:59:00
Removing Conditions on Residency General DiscussionPassport photos - are they still required?
passport photos are only required if you are not in the US. Those in the US will get a biometrics appointment where they will take your photograph and do your fingerprints.

Edited by Kathryn41, 07 December 2008 - 10:50 AM.

Kathryn41FemaleCanada2008-12-07 10:50:00
Removing Conditions on Residency General DiscussionWhen fileing 1751 what i have to send with it.
Read over the instructions plus the actual form itself. You should find everything you need to know in those two places.
Kathryn41FemaleCanada2008-12-08 13:24:00
Removing Conditions on Residency General Discussionnever been touch
They don't update for biometrics so don't worry. Many people never receive any touches between the time of receipt and the time of notification. Vermont is still processing December and January cases so you are still ok. You should hear something within the next few months.
Kathryn41FemaleCanada2008-12-08 13:36:00
Removing Conditions on Residency General DiscussionLost GC 2 weeks before vacation
Yes, make an infopass appointment and get the I-551 stamp in his passport. He needs the green card to go along with the original extension letter. Maybe he will be lucky and will find the wallet with the greencard still in it.
Kathryn41FemaleCanada2008-12-08 19:57:00
Removing Conditions on Residency General DiscussionI-751 Check question
I included my A# on the check and wrote it on all of the pages of the application and supporting documentation so if anything became separated from the package it would be easy to match up what got separated with where it belonged.
Kathryn41FemaleCanada2008-12-08 13:22:00
Removing Conditions on Residency General DiscussionFingerprints expired during I-751
Fingerprints expire in 15 months. It could be that they expect it has the potential to be a few more months before your approval comes through and they are anticipating you will need new fingerprints before your approval. That is all I can think of right now. Hopefully, you will get your approval long before that time.
Kathryn41FemaleCanada2008-12-07 10:47:00
Removing Conditions on Residency General DiscussionWhen should I start to worry?
there are still applications from October and November outstanding as well as others from December. They are still working on December applications even though they also appear to have started on January's. I wouldn't worry yet. Some of the recent approvals from Vermont have taken 13 to 15 months, although 11 to 12 months seem usual. You are still in the Ball Park. Hope you hear very, very soon that you have been approved.
Kathryn41FemaleCanada2008-11-27 10:50:00
Removing Conditions on Residency General DiscussionDecision finally!! Approved!!!
Congratulations! What a great Christmas present!
Kathryn41FemaleCanada2008-12-19 16:28:00
Removing Conditions on Residency General DiscussionTravel after Green Card Expiration
you will be fine with your expired green card and the extension letter - it extends the validity of your green card by one year. US border officials are familiar with the extension letter so you shouldn't have any difficulties. If you are really worried that the country where you are going won't let you board the plane then make an infopass at your local USCIS office and get an I-551 stamp put into your passport (if you can get it - they may not give it since you already have the NOA). Enjoy your travels.
Kathryn41FemaleCanada2008-12-20 23:31:00
Removing Conditions on Residency General Discussionremoving condition
I would include tax transcripts as well even though you filed separately - it would show your status as 'married, filing separately' and both of you living at the same address - that is further evidence as well. I would also include multiples of items - not just a joint bank statement but a series of joint bank statements that goes back to when you got the AOS and includes as close to the filing date as possible - for example, 4 statements for each year. Do the same for the utility bills paid by each of you, the cell phone bills and the credit card statements. They want to see evidence that covers the whole marriage. What about a lease or a mortgage? What about Driver Licenses or State IDs showing both of you at the same address. What about car registration - is it in both names? Don't forget to include both sides of your green card as well. Good luck.
Kathryn41FemaleCanada2008-12-22 11:12:00
Removing Conditions on Residency General Discussionwhat if I don't have a foreign passport for I-751 extension?
I would say go back to the Boston USCIS and present them with this memorandum. It sounds like their staff are not familiar with their own rulings. I have heard of others who have received the I-94 with the year extension. You need to bring your own passport sized photographs, apparently (2 of them).

Good luck.
Kathryn41FemaleCanada2008-12-18 16:16:00
Removing Conditions on Residency General DiscussionFINALLY!!! I GOT IT!!!
Congratulations - what a nice Christmas present!
Kathryn41FemaleCanada2008-12-15 10:21:00
Removing Conditions on Residency General DiscussionHELP!!! My wife was denied.
QUOTE (asura @ Dec 20 2008, 03:57 PM) <{POST_SNAPBACK}>
Aww I'm so sorry to hear that sad.gif

I was so shock and feel I'm so lucky after I read your thread.

My due date for submitting the evidence documents was Dec 18. I mailed it with USPS with certified mail ( w/o request receive return because with 2 weeks ahead of time I should be fine ) on Dec 2. I don't know how long it take USPS to get it through but I just got a letter today on Dec 17 they approved my case. It look like the letter must went through quick.

In your case it's the post office taking extra long time to deliever the mail and you've given a reasonable amount of time for the mail to go through. It's not your fault and you should use this as reason for re-open your case.

Don't give up and good luck!


Just a clarification question - you say you mailed your documents on December 2nd and received approval on December 17th - from Vermont? I think you don't mean 'approval' but 'receipt' - that they received your package, not approved your package. 2 1/2 weeks would be a reasonable time for you to receive the NOA receipt - the acknowledgment that they received your application. Right now it is taking about 11 to 12 months for Vermont to 'approve' I-751 applications. Approval means they send you your 10 year card. receipt means they send you a letter extending your conditional status for another year. You haven't received approval for your 10 year card yet, have you?

Edited by Kathryn41, 23 December 2008 - 05:40 PM.

Kathryn41FemaleCanada2008-12-23 17:39:00
Removing Conditions on Residency General DiscussionHELP!!! My wife was denied.
It sounds like in this case they are going by date of receipt. The objective is to get them to go by date of postmark. There is good precedence - even the tax office uses the postmarked date. There are good arguments to justify them re-opening the case.
Kathryn41FemaleCanada2008-12-07 18:09:00
Removing Conditions on Residency General DiscussionHELP!!! My wife was denied.
Certified mail is secure but it is also one of the slowest delivery services that there are. File a motion to re-open including proof that you sent the requested information in well prior to the due date and that the postal service failed to deliver the item in a timely way. Good luck.
Kathryn41FemaleCanada2008-12-07 18:01:00