ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionDoes every i-751 require new biometrics?

I tried searching and read the USCIS documentation to no avail as to who requires to file for another set of biometrics

Out 90 day window opens May 15th and I am trying to get everything in order to file ASAP.


The application fee is $505 plus $85 for the biometrics fee. You are paying them for another round of finger prints and photo.

Dave
Dave&RozaMaleKazakhstan2013-03-13 09:21:00
Removing Conditions on Residency General DiscussionMoving After Removing Conditions

I am not sure if anyone can answer this or not... or point me to a topic already posted on this. My husband's temp permanent residency cards expires 2/24/14. After we apply to remove the conditions and get a "real" permanent residency card for him, can we move out of the country?


As a LPR here are his rights and responsibilities. In order to maintain residence he must follow this. One of them is to be a resident of the US. This means any stay over 6 months but less than a year is looked at, but usually not a problem if he remains in the US for a longer period after returning (many short trips less than 6 months will be caught as well eventually). For any stay between 1 year and 2 years a re-entry permit is required before leaving the US. Any stay outside the US greater than 2 years and you can kiss the GC goodbye. Only US citizens must be allowed back into the US as it is their place of domicile. Everyone else it is at the discreation of the CBP officer.

Just so you know, the GC he has now is no different than the new one he will be receiving except for the expiration date and validity period. A GC is a GC is a GC. The conditional GC just has the condition of expiring in 2 years instead of 10. That is the only difference. The rights and responsibilities remain the same.

Good luck,

Dave

Edited by Dave&Roza, 13 March 2013 - 12:23 PM.

Dave&RozaMaleKazakhstan2013-03-13 12:20:00
Removing Conditions on Residency General DiscussionExpired Green Card and boarding issues

No airline will board a foreigner on a flight bound for the US unless the airline is convinced that the foreigner will be admitted when they arrive in the US. Airlines must agree to the DHS carrier terms when they fly into the United States, which includes an agreement that the airline will assume responsibility for accepting any passengers who are refused admission for a return flight to their point of departure, and the US government isn't obligated to pay for the flight. The airlines don't want to get stuck absorbing the costs of the return ticket, so they want solid evidence that the passenger has been authorized to enter the US. This means they check visas and green cards before they issue boarding passes.


I am wondering if you can sign something to the effect that you will be responsible for the expenses of transporting a person denied entry into the US? My wife will be flying on Lufthansa with her expired GC and extension letter and I do not think we will have any problems. I am just wondering if you could get the airlines to take a chance on whether you will be admitted to the US if the financial burden of getting that person back to the country of origin is taken on by someone else-i.e. the spouse. Has anbody that has had problems with teh expired GC and extension letter tried this approach?

Just wondering,

Dave
Dave&RozaMaleKazakhstan2013-03-14 12:06:00
Removing Conditions on Residency General DiscussionLost Green Card (expired) & International Travel

Until the I90 is accepted it is nothing more than a piece of paper. To submit it there is a fee if you submit it because you lost your green card. He will have to pay.



The OP had the same situation and was able to get the I-551 stamp without paying (or at least there is no mention of paying in the post). Both have to travel at the end of the month. Both have filed for ROC and both have lost their original GC. The OP got the stamp and this guy is getting the royal run around. Two different USCIS local offices and two entirely different approaches. The one thing I wish about this process is that everybody should be trained to the same level so the processes and answers are consistant. SIGH!

Dave
Dave&RozaMaleKazakhstan2013-03-13 09:50:00
Removing Conditions on Residency General DiscussionLost Green Card (expired) & International Travel

thank you for the advice ! I will do that with my next green card . but the problem is I am traveling international on march 28th ! I went to local uscis office and they told me i need to file i90 form to get the i551 stamp in passport :/



Take your police report of the lost GC, the I-90 form and your passport to the local office and get the stamp--they did not say you need to pay the $450 just that they need the I-90 filled out. If you still have copies of the original GC and the NOA1 extension letter take those along as well to show that you have a new GC in the works, but that you are travelling before you expect the new GC to arrive.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-12 23:48:00
Removing Conditions on Residency General DiscussionLost Green Card (expired) & International Travel

I have the same problem but they told me I need i-90 form and $450 !! I don't know what to do!



That is the cost to replace a lost GC. The OP lost her expired GC but still had her extension letter and is waiting for her 10 year GC. So the USCIS was willing to give her an I-551 stamp with an expiration date that is the same as the expired GC plus the one year extension. If you lost a valid unexpired GC then you will need to pay the replacement fee and wait for a new GC. That is the main arguement for not carrying the GC all the time because you might lose it and have to ay $450 to replace it.

Dave
Dave&RozaMaleKazakhstan2013-03-12 17:00:00
Removing Conditions on Residency General Discussiontraveling with an expired GC/extension letter
Duplicate post deleted

Edited by Dave&Roza, 16 March 2013 - 07:10 PM.

Dave&RozaMaleKazakhstan2013-03-16 19:09:00
Removing Conditions on Residency General Discussiontraveling with an expired GC/extension letter

my wife's GC expired last month, but she now has her extension letter after we filled for ROC before the GC expired. We are traveling back to Indonesia in May, and we're a bit worried that her new GC won't arrive before then. Will we have any trouble getting back into the US with her expired GC and extension letter? has anyone here traveled with their extension letter and successfully re-entered the US? or has anyone had any troubles returning to the US?



Your problem will be in boarding the airplane for the return trip. Check with your airline as to whether they recognize the extension letter. There is a thread here on VJ where they had a copy of the extension letter--not the original-- and TAM would not let his wife board the airplane to return to the US. Most airlines that fly regularly into the US know about the extension letter, but checking might safe yourself some grief.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-16 19:07:00
Removing Conditions on Residency General DiscussionQuestions regarding change of address for ROC filer

My husband and I lived with my parents during the first 6 months of our marriage, and we used my parent's address while we filed for permanent residency because we were still living there. Almost a year and a half ago, we moved into our own apartment, and I am 95% sure that I filed an AR-11 online within the 10 day time frame to tell USCIS that we moved.

Now it is time to file for ROC and USCIS mailed us a letter to remind us- however, they mailed it to my parents' address. This scares me a little. I am frantically going through my paperwork trying to find my copy of the AR-11, bur not having much luck so far.

My questions are:
1. Is there a way to verify that I filed the AR-11 somehow on the USCIS website?
2. If I can't find the paperwork and verify AR-11 was filed what should I do and what can I expect to happen as a consequence for not filing the paper on time?

Thank you for any insight you can offer.


Do not worry as we moved last August into our house and I filed the AR-11 and the I-865 for myslef as the USC sponsor. I have both confirmation letters (well the confirmation page on the website for the AR-11) and they still mailed it to the old address with a nice little note about having to file the AR-11. So I included both the AR-11 confirmation and the I-865 confirmation as part of our ROC package. Just fill out the forms with the correct current address and they will use that. I would make ceratin that you filed the I-865 for your husband as he is required to do so until the I-864 is no longer in effect.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-19 22:05:00
Removing Conditions on Residency General DiscussionA complicated situation re. I-751 and being out of the country. Please help.

Hi everyone, and thanks in advance for reading! It might be a little long. I'll put my basic questions at the end. You should know that I am completely aware of how poorly we have planned for and dealt with this situation. You can tell me we're stupid, irresponsible, and that this is all our own fault, but you won't be telling us anything we don't already know :-)

My wife and I submitted my I-751 at the beginning of the month. It was submitted three days after the 90-day window had expired. We enclosed a nice, apologetic letter and a mound of evidence.

Further evidence of our poor planning - just after we submitted it, I was due to leave the USA for a holiday in England. I left, despite the worry that getting back in might be a challenge. My flight back to the USA is on March 25th.

So far:
- our check has been cashed
- we have received the form I-797C Notice of Action, which gives me a date for the Biometrics appointment, March 13th
- according to the USCIS website, my case is in "Initial Review"

Our problems are twofold -
Firstly, I won't be in the country for the date that the biometrics has been scheduled. My wife has today sent off a Request for Rescheduling to get the date changed. Fingers crossed.

Secondly, I might not be able to get back into the USA. As I understand from a cursory reading of some forum posts, the notice of approval + my expired green card will get me back in. I'm not entirely confident on that.

Which leads to my questions!

1 - Does receiving the biometrics appointment letter mean that the lateness of the I-751 submission has been forgiven?

2 - Is there an approval letter, separate to the biometrics appointment notice, coming in the post?
2i- If so, is it strange that the biometrics appointment came first, or is this normal?

3 - What will get me back into the country? Expired green card + biometrics notice? Expired green card + as-yet-unreceived approval letter? Something else?


Thanks a million for reading.



Given that the UK is part of the VWP, how much scrunity do the airlines people give you with a UK passport travelling to the US? The issue you have is being allowed to board the airplane. Once enroute to the US you are home free. Continue as you are to get the extension letter, but you might want to ask the airline you are travelling on what they require to allow you to board the plane back to the US.

Good luck and I hope all goes well,

Dave
Dave&RozaMaleKazakhstan2013-03-10 00:23:00
Removing Conditions on Residency General DiscussionMy ROC package checklist

Thank you so much for going over my list, My answer is yes to all ur questions n my list :) ... One question, how did you send the package? did u put it in a folder with paperclips? or did u punch holes and put it all in a folder? just curious. Thanks


I used one big binder clip and no staples or punched holes--check on top of cover letter. I sent it via USPS Express mail and waived the signature requirement. I also put " FORM I-751" on the outside of the envelope. Check cleared 2 days after arriveal and NOA1 arrived within a week.

Good luck,

Dave

Edited by Dave&Roza, 19 March 2013 - 11:05 PM.

Dave&RozaMaleKazakhstan2013-03-19 23:04:00
Removing Conditions on Residency General DiscussionMy ROC package checklist

Hey everyone

So I'm putting my ROC package together and I wanted to post my Checklist on here so y'all can tell me what you think and let me know if there's anything Im forgetting

*Payment $590 Correct.
*Cover Sheet Good
* Form I-751 Hopefully you and your wife signed it :devil:
*Copy of Green card Front and back--Yes?


*Copy of both of our Driver's licenses with same address Good
*Copy of our apartment lease Good
*Utility bills (Electric bill, Internet/Cable bill). I'm including copies of 5 different months. Should I include more? We did not include these and if you look at the pinned thread on ROC that Garry And Alla posted that USCIS person said Utility bills are less important as anybody can be on the bill as payer.
Bank Statements with our names as joint on account s with our names as joint on account (how many should I include?) I did one per quarter spanning the 2 year period
*Joint tax returns from the last 2 years Did you use returns or transcripts--Transcripts are better
*Car insurance showing both of our names. Good and address too?
*Marriage certificate We did not include this as they already have two certified copies from the AOS stage


*Both of our biography passports and visa pages showing proof of our trip back to Venezuela visiting my family, Boarding tickets as well. Good.
*copy of receipt showing proof that we bought tickets to go on a cruise to the Bahama. Also Copy of our room key on the cruise Showing our names and room number. Bill of expenses on the cruise. Good
*Pictures taken on our wedding day, trip to the Bahamas and Venezuela. Good


Is there anything I'm forgetting? or that I should include? Thank you.



I think you have enough and well balanced. I say this because it looks a lot like what we sent in. I had more joint financial information, I included my employer's benefit statement where it shows my wife as the beneficaiary on my Life and health insurance, and that she is listed as my wife.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-19 21:58:00
Removing Conditions on Residency General DiscussionRemoving Conditions

Thanks for the legal explanation. I never added my husband to the deed and we had no RFE or interview for ROC. I would still like to add him and have made inquiries via email to several lawyers who never responded. I asked at the courthouse and went to the law library to look for forms, but ran out of time on my jury duty lunch break. This reminds me to try again.

I got a little lost on the Quit Claim deeds. Are you saying both complete one....sign/date/witness...but hold it unfiled? And it's still valid to be filed after death?


Yes, both complete the Quit Claim Deeds and store them away after having them signed and notorized. Upon death the surviving spouse files the Quit Claim Deed in the county where the property is located. My Mother and Father's Quit Claim Deeds were dated in 1992 and I filed my Dad's in 2006 for my Mother and I filed hers in 2011. Both Quit Claim Deeds transfered ownership of the property from the individual to their Trusts and then the trustee, me, could then place them into an LLC as they are now rental properties for us kids. To move them from the Trust to the LLC required something that the lawyer completed and I signed. I do not belive it was a Warranty Deed, but something else. This whole process avoided having to go thru probate which is costly and time consuming. You also find that people do not know what they are talking about just like when dealing with the USCIS :D .

Dave
Dave&RozaMaleKazakhstan2013-03-25 10:15:00
Removing Conditions on Residency General DiscussionRemoving Conditions

That is good to hear. I am also wondering about that because I did submit a very full and complete package I have not added my wife to the title. I just never got around to it. I understand I can file some kind of "quit deed" to add her or I can refinance with her name.

The other thing I am worried about is I only had tax transcripts for 2010 (the year we married) and 2011. My 2012 taxes still aren't finished so I can't get a tax transcript. I am planning to order a tax transcript after I file them to have on hand in case of an RFE.

Good luck.



As an FYI a Quit Claim Deed means you give up your claim to the property and pass it along to someone else--i.e. Trust, relative, complete stranger. A Warranty Deed is a deed that you use to change ownership of said property--i.e. you give 50% of your claim to your spouse for the consideration of $10 and now she owns it in joiint tennancy (I would not recomment that) or Tennents in Common (a better choice as it does not have to go thru probate like joint tennancy does). Then you both complete a Quit Claim Deed to transfer your share of the property to the other and that is filed upon the death of the other spouse. that way the other spouse now owns 100% of the property and no court judjement is needed. I am not a lawyer, but I have dealt with my parent's estates where they set up Trusts to pass the assets to us kids.

I do not belive the USCIS can deny your claim just because the house is not in both names as there are good reasons for it to remain in the USC's name or it will cost you a lot of money in interest just to make them happy. Our house is not yet in my wife's name, but it will be soon. I am not rushing to do this just to satisfy the USCIS for ROC. If asked why the house is not in her name, I will tell them that I do not like to give banks any more money than I have to.

Good luck,

Dave

Edited by Dave&Roza, 24 March 2013 - 01:24 PM.

Dave&RozaMaleKazakhstan2013-03-24 13:23:00
Removing Conditions on Residency General DiscussionWill i still be able to work while waiting for GC?

I don't apply for ROC until December of this year but I have something that i'm quite worried about......
I have heard that it is taking 6+ months for ROC to get approved so am wondering, will I still be allowed to work at my current job after my Green card expires and I'm waiting for a new one? I would hate to lose my job all because USCIS is so freaking slow :/


You will eceive a one year extension in the form of the NOA1. It states on the NOA1 that the current GC is valid for another year for travel and work. Now should the USCIS take more than one year to process your ROC (God forbid) than that is another issue. You can file for Naturalization or make an INFOPASS appointment to see if they will extend the GC more, but that is another year down the road. Hopefully your HR department will recognize the extension for what it is and not give you a hard time.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-04-01 19:51:00
Removing Conditions on Residency General DiscussionI-751 FILED JOINTLY, PENDING, NOW HAVE BEEN KICKED OUT!

Nov' 12 applications will most likely be processed in another 3 - 4 months (may improve by then, as the current time line states 6 months). Your evidence looks good. Once your new address is finalized, file AR-11. The most important thing is to go online to USPS and ask your mail to be redirected to your new address (they will do it for 1 year) and just wait till you hear from USCIS.

Currently CSC is processing July 27 and VSC is processing July 12. Follow this thread to get latest processing details http://www.visajourn...th/page__st__30


Problem is that USCIS will not allow the USPS to forward their mail, so it wil lbe returned. If the OP has e-mail notification then when the USCIS receives the notice returned by the USPS, they will send you an e-mail stating that they tried to mail you something and it was returned. Please call this number. You then give them the correct address and they will resend it.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-27 17:22:00
Removing Conditions on Residency General DiscussionI-751 Interview

I got an email after i followed up my I-751 case. This was sent to me:

The status of this service request is:

Our records indicate that we will send you an appointment notice once an interview date is scheduled. Your case is currently in suspense until the interview date. A copy of the appointment notice will be sent to the address we have on file. Please follow any instructions on that notice.

Usually, what documents they require the applicants to bring to them on the time of the interview aside from the original documents that was already been sent to them?



I would take your copy of the original application and more joint financial information from the time of the application to present date. Any trips taken together since the application. Remember that the ROC is from the date of marriage to present day so make certain you cover that time period. If you have your 2012 taxes filed, I would get a transcript of those for the interview also. You might want to have a certified copy of the Marriage Certificate just in case.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-04-05 23:15:00
Removing Conditions on Residency General DiscussionPhotocopies of PR Card and passport?

I found where it asks for a front and back copy of the PR Card, but not the passport? Did I see the passport thing somewhere else? :unsure:



We sent them a copy of both passports for the original K-1. Only sent in copies of the GC for ROC. We'll see what happens. Bio appointment was two weeks ago.

Dave
Dave&RozaMaleKazakhstan2013-04-07 01:01:00
Removing Conditions on Residency General DiscussionNext Step

Dear,

I am on a GC, AOS with my us citizen wife. My GC expires end of October.
I am now wondering what is next step. Should it be the time for a condition removal (I-751) ?

thank you for your advise


You calculate backwards from the expiration date at the end of October 90 days and submit the I-751--Removal of conditions (ROC)--application with all the required documentation and proof. You need to span the time from marriage to application submittal. You can order tax transcripts now and have them ready. You can get joint bank statements now and have them ready. Begin preparing now so when the date rolls around you can submit the application. Whatever you do, do not submit before the 90 day window or the application will be rejected.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-04-07 14:03:00
Removing Conditions on Residency General DiscussionI don't have joint taxes!!!

Your husband just lost around $6K or more by doing it this way.

Stupid.



I agree :thumbs: . You file as married filing seperately only if it benefits your tax situation and with one person earning no money and the other person having all the income, it makes more sense to file jointly so the non-earner's standard deduction can be taken off the earner's income. Otherwise you are taking a standard deduction on zero income and thus loosing its benefits. You still need to FILE an income tax return even with zero income to show you are compling with the tax laws of the US OR you can find the IRS rule in the CFR that fits your situation that proves that you are not required to file a tax return. IMHO, given your situation it would be far easier to file your back tax returns and have it(Them) available for the USCIS for ROC.

Dave
Dave&RozaMaleKazakhstan2013-04-05 23:09:00
Removing Conditions on Residency General DiscussionNew greencard after lifting condition

Hey everyone

This may be a stupid question, but I needed to ask. Will the date when I became a Resident change in my new Greencard? I just filed for lifting condition and I'll get my new greencard for 10 years... but as long as I know I can become a US Citizen based on Marriage after 3 years from the date I became a Permanent Resident. Since my current Green card is conditional, I wasnt sure if the date will change and then have to wait 3 more years.

The date on my greencard is "Resident since 06/29/2011" ... When will I be able to become a US Citizen?


A GC is a GC is a GC. A LPR is a LPR is a LPR. There is no distinction between a conditional LPR and a "regular" LPR other than the conditional LPR must file for ROC because their marriage to a USC is less than 2 years so the US government decided that those immigrants need to file for ROC to prevent people from marrying a USC just to get a GC. Your LPR since date remains the same and you can become a USC after 3 years of marriage AND 3 years as a LPR as long as you meet all the residency requirements. So you can file 90 days before your 3rd anniversary as a LPR.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-04-08 19:01:00
Removing Conditions on Residency General Discussionmailing ROC package

Hey Yall

I was wondering how yall mailed your package and what service you used. I was thinking about mailing it with USPS. Should I use USPS Express mail? Should I waive the signature requirement? Any tips? Thanks.


I used USPS Express and waiver the signaature requirement. I also put "USCIS FORM I-751" on the outside in the address area. Received on Wednesday, check cleared bank on Friday.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-04-08 13:56:00
Removing Conditions on Residency General Discussioni751 filed

thank you for information.
i sent my i751 on april 27th of 2012 .
so should i look on april list on may list.
thank you

my wife is about to file the divorce, what happens if she files divorce in a week or so.
what if i get approve after she files the divorce.
anyone has this situation?
thank you

should i call the 1 800 number and ask them about the status?
would they be able to give me the information?
i am in very critical situation.
i need some suggestions please.

On May 11, 2012, 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.

this is all i have so far.
:((((



You filed for your ROC based on the information that was true and correct at the time. Do to the slowness of the approval process, life continues to march on and sometimes things happen that affect the immigration process. If you get called for an interview while the divorce is pending, I would go by myself with a filled out waiver and a new I-751 application and explain that your wife has recently filed for divorce and that you now need to complete the ROC based on a failed marriage, Had the VSC approved your ROC in 3 months like the original plan or even in 6 months this would be a non-issue. If no interview then I would not worry.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-01-31 12:35:00
Removing Conditions on Residency General DiscussionRemoval of conditions interview question...
I would take the divorce decree and be ready to explain how the relaionship started and why it ended so quickly after AOS. It sounds like you got the wrong form letter for ROC without the waiver instead of the one for ROC with the waiver. The real question is would you ex go if you asked her? Do you want her there? Since you filed for a waiver you are ROC without a spouse, so why would you bring you ex along?

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-04-20 22:14:00
Removing Conditions on Residency General DiscussionHusband possibly out of the country when GC arrives. What to do?

Dear VJers,

 

We just found out today that my husband was approved for the 10 year GC. Yay!!dancin5hr.gif  The letter that came today said the card is printing and we will get it within 2 months.

 

We optimistically thought he would have it by now, so we booked a flight for him on May 14th to go home to Italy for 3 months to visit his family. Unless the GC comes really fast, he will be in Italy when it actually arrives. He's taking his 2 year GC with him, plus the letter from USCIS extending him for one year (until October 2013).

 

Will that be sufficient for him to reenter the country in August? Or should I FedEx (or some other certified courier) the 10 year GC to him in Italy? On the one hand, I don't want him to have any problems coming back (if there are people at immigration who don't understand the 1 year extension letter, etc.). On the other hand, I don't want to risk his GC getting lost in the mail.

 

Has anyone else dealt with this? Any recommendations?

 

Thanks!

 

Do you really want to risk it getting lost by shipping it?  If the curent GC with the extension letter is valid then you can use that to get on the airline.  That seems to be the real problem for travellers with expired GCs. Once he gets to the US they will pull up his file using the expired GC and it will say he has a 10 year GC and they may ask him why he does not have it with him.  That is when he tells them that the trip was planned and the GC had yet to arrive when he left.  There should be no problems.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-02 14:50:00
Removing Conditions on Residency General Discussionmoved to different state - Address change question

I would like to know if I can keep the same address (Georgia address) when filling up the form I-751 instead of entering the new address (South Carolina)

 

Will that create any issues as all documents that I will send to USCIS has Georgia address ? Please tell me if this is okay or not ?

 

Unless you have access to the mail at the old address why on Earth would you want to do that?  Life goes on.  Things change.  People move.  Just follow Vanessa's advice and you will be fine.  The real issue is that you are not following the law by informing the USCIS that your residence has changed which can be a bigger issue later on.

 

It is easy to do.  Just get a screen shot of the confirmation page to keep for your records.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-07 16:20:00
Removing Conditions on Residency General Discussionsent bad check to uscis

I was able to write a check to uscis but the check was one of those stop payment check due to the check book was lost now i don't know what to do.. call the uscis office and told me to wait for the packet to be return but my green card will expire soon what is the best way to resolve this.



Surely you know the check number that you wrote to the USCIS and only put stop payments on all the unwritten checks--right?!?! If not, I would find out the check number and have the bank honor this check. Otherwise, your entire package will be sent back to you and you will have to send it back.

I used USPS Express mail and waived the signature requirement. I put "USCIS--Form I-751" on the envelope. They received it on a Wednessday, check cleared the bank on Friday and NOA hard copy received the following Tuesday. This was to the CSC. Once the NOA is in your hand the GC is extended for 1 year.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-25 14:44:00
Removing Conditions on Residency General DiscussionHave Received 10 years green card

hello everyone i have a big case to discuss with you all and i hope you all give me the right thing .

i got married to an american lady in 2006 and we had a daughter then i received my CR1 visa in 2008 , i went to united states for few months and had the premenint resident card ( 2 years ) and then i had family emergency and had to go back to my country , when i got in my country me and my wife had a fight and she filed for divorce in 2009 .. so i wanted to go back but i couldnt for some reasons , so i filed Remove Conditions On residese , and i filed in usa while i was in my country JORDAN .

after i filed this form , me and my wife get back together and we normally talk and i told her about the file i sent to USCIS , she said i dont think they will do it because we had a divorce , so i went to american embassy in my country and told them they said you need to remarry your wife , so my wife came in NOV 2011 and we got married again . so she was about to send the paperwork and as many people told us to file AGAIN for i-130 , so she was about to file the i-130 till yestarday the mail man showed and gave her a file from USCIS and it was a ( 10 Years ) green card .

this is confusing right ? :)

ok now i have 2 kids from my wife

they gave me 10 years green card .

My question :

i have been away of united states since 2008 which means 4 years .
can my wife mail the new green card to me and i can enter the united states with no problem ?


Please i need a help i havent seen my big daughter in 4 years and my new son named Jordan will be ayear soon . so i really need to know and if u have anything ask me am here .


best regards


Let's see here. You received a 2 year GC in 2008. Got divorced in 2009 while in Jordan.Filed for ROC while in the US, but actually living in Jordan. You should have filed in 2010 if married so did you file using the waiver once the divorce was finalized? So you filed in 2009 and just now received the 10 year GC after 3 years of processing. Okay, it does not matter whether you have a 10 year GC now or not. It does not matter if USCIS screwed up or not. The FACT is you have been in Jordan since 2009 and have abandoned your LPR status. Period. End of story. The GC is not valid because YOU have remained outside the US for more than 2 years without a re-entry permit. You have not even tried to maintain your LPR status by returning to the US during this 3-4 year period. You GC is toast, not valid, abandoned. You will be denied entry. Sorry, but it has nothing to do with the USCIS finally getting around to issuing the 10 year GC. YOU remained outside the US too long.

Have your wife start the spousal visa petition as that is the only way IMHO you will ever get back into teh US.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-01-28 00:19:00
Removing Conditions on Residency General DiscussionI-751 Approval Letter. Can I travel back to US? Need Advice

Thank you for responses!!! 

 

I have not received new 10-year GC yet. I think I will receive it anyday now, but from Vermont SC sometimes it takes upto 6 months (in my case only 2 months passed since approval letter).

 

I can convince Airplane to let me to the flight, but What are my chances to enter US with approval letter, expired GC and expired 1 year I-751 extension letter at the JFK Airport with Customs?  

 

How are you going to convience the airlines to let you board the airpalne without proper documentation that you can enter the US?  CBP is not your problem area as they have a computer that will show them you have a valid 10 year GC--the airline does not.  Look at it from their stand point.  If they let you board with all your expired documents and then you are refused entry to the US, THEY must take you back to the point of departure at THEIR expense.  Do you think they are going to do so.  I do not think you have enough Benjamins to throw at the airline employee to have this happen--I understand how the FSU works, but there are some people that just cannot be bought, BTDT. 

 

IF you can actually get on the return flight, then you should only get s stern talking to and have some problems getting back into the US after you tell them your story.  I would plan for a long time at Customs before your next flight, but IMHO you will get in as you do have a valid 10 year GC.  It is just that you are not carrying it.

 

Good luck,

Dave


Dave&RozaMaleKazakhstan2013-05-12 14:35:00
Removing Conditions on Residency General DiscussionI-751 Approval Letter. Can I travel back to US? Need Advice

Greetings! I am in a difficult situation.

 

April    2012   -  Received I-751notice of Extension for One year while conditional status removal is reviewed.

March  2013   -  Received approval letter that Conditional Status has been removed (on plain letterhead).

May     2013   -  I had to travel to Europe on family emergency. Can I come back to US? Will Customs allow me to enter US?

 

Extention letter expired in April 2013.

 

Any advice is appreciated!!!

 

 

 

The problem will be getting  on the airplane to return.  The airline will require a valid passport with a valid visa or GC or the expired GC and the extension letter.  Once all your documentation has expired they do not know if you have been granted a new GC or not.  The US government requires all airlines flying into the US to verify that the person has a good chance of being granted entry into the US.  That is why they check your documents before allowing you to board the plane.  The CBP people can look you up and see that you have a 10 year GC and would allow you to enter--they may give you a hard time as to why you are not carrying the new unexpired card.

 

You received the approval notice in March.  Where is your new GC?  If someone can check your mail, I would have them do so and see if the card has arrived.  If it has, you can decide how you can convience the airlines that you do have a 10 year GC that is not expired.

 

Good luck,

Dave


Edited by Dave&Roza, 11 May 2013 - 06:46 PM.

Dave&RozaMaleKazakhstan2013-05-11 18:45:00
Removing Conditions on Residency General Discussionhave some question to fill up the form I751...

How about the part 5

 

Looking at the new form (Expiration date of 04/30/2015 on the USCIS website):

 

Part 3:  Information about the Petitioning Spouse or, if filing as a child seperately, information about the US citizen or LPR Stepparent whom you gained your conditional residence.

 

Part 4:  Information about your children

 

Part 5: Accomodations for Individuals with Disabilities and Impairments

 

Part 3 is for your spouse, part 4 is about your children and part 5 is about you.  Are you using the most recent form found on the USCIS website?

 

Dave


Dave&RozaMaleKazakhstan2013-05-20 13:35:00
Removing Conditions on Residency General DiscussionTax Transcripts - maiden name by mistake!

Hello Guys,

This is my first time here,and I am really happy I found this Forum!

Here is my question:

I am starting to gather the docs for the ROC. My married name is both my maiden name - (hi fin) and my Husband's name. My old SS was on my maiden name and I changed the name on it in September of last year. My Husband and I filed taxes jointly, but my W-2 had my maiden name on it. I just checked our tax return and saw that there is my maiden name on it, not the double one, which should of been instead... will it cause any problems? All other documents such as joint bank account have my married name. Should I take any action and try to change it on 2012 tax return? I am not even sure it is possible to do now, we have already received our refund. The reason why I did not notice it before is because our accountant was filing our papers, and he basically used the name that was on my W-2.

Please give me an advice.

Thank you.

Inspiration

 

 

It amazes me who many people going thru the immigration process worry about a name--is it okay if I still have my maiden name? Do I have to change my name to my husband's?  How will not having my husband's name affect my AOS or ROC?  It is just a name.   If it was guaranteed that if you changed your last name to Smith you would be approved than every scammer would do so.  That is not the case.  The USCIS wants to see you taking risks with assets with your spouse like any normal married couple.  They want to see tax returns that are filed as married--jointly or seperately depending on what makes sense for YOUR tax situation.  My wife's name was incorrectly spelled when we filed in 2010 as I did a paper return to claim her as a legal permant resident for tax purposes and had to include that signed letter with the tax return.  I just checked the next year to see if the spelling for corrected when I filed electronically.  As long as your SSN is correct, the name is not that important. 

 

Relax and focus on more important things like what is for dinner tonightyes.gif and who is gong to cook it.  As long as you have the other information, the name thing is not very important.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-20 13:07:00
Removing Conditions on Residency General DiscussionChange of Address Question, please help

Hello everyone,

I applied for removing condition on my green card 1 month ago and now I will have to move (due to finding a different job) and my address will be changed. I applied with Vermont Services Center and my new address will be with VSC as well. I was wondering if this will cause any delay in the processing time of my application? Also, from my understanding all I need to do is to call them and inform them that my address has been changed. right? Any insight on this topic is greatly appreciated.

 

Thank you

 

Since you have a pending petition for ROC, you need to fill out the AR-11 on-line and then follow-up with the instructions for someone with a pending application.  Go to this website for more information.  Also, the USC sponsor who filed the I-864 form must also inform the USCIS of their address change using the I-865 form.  It will not delay your petition, but there is a small chance it will cause problems when the new GC is issued.  I would submit a change of address with the USPS when you move.  We completed all notifications with the USCIS and they still mailed the reminder letter to our old address and then sent it to the new address because the USPS had our forwarding information and USCIS used that to remail the notification. 

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-05-29 14:30:00
Removing Conditions on Residency General DiscussionAfter Adjustment of Status

hmmm I wish I was wrong but as she says she just receive a temporary green card not the permanent one....if you check the qualification for citizenship it says permanent resident card... correct me again if im wrong thanks for the clarification if im wrong

 

I am going to correct you as you are wrong.

 

There is no such thing as a temporary GC.  It is a CONDITIONAL GC because you received it based on marriage to a USC and that marriage is less than 2 years.  The GC is a permanent resident card as is the I-551 stamp everybody talks about.  Take a look at the GC and you will see I-551 on it.  It does not state that it is temporary or for that matter that it is conditional.  There is no difference because a GC is a GC is a GC--with all the rights and responsibilities granted to anybody as a LPR of the US.

 

To file for USC based on the three year rule you MUST 1) be married to the same USC spouse as when you became a LPR; 2) the USC spouse must have been a USC for the previous three years; 3) you must have maintained your LPR status during the last three years; 4) you must meet the continous residency requirement for the last three years; and 5) you must meet the residency requirement for the past 90 days before you file the application.  IF you meet all of those then you can file 90 before the third anniversary of becoming a LPR.  Check out this document and scroll down to page 5 to start the eligibility worksheet.  Hopefully it will answer your questions.


Dave&RozaMaleKazakhstan2013-05-20 15:59:00
Removing Conditions on Residency General DiscussionDilemma!!

One single item will not make or break your ROC.  My wife was not on the loan due to her lack of credit history in the US.  She was on my benefits I have with my employer.  She was on our bank account.  She was on our credit card.  She was on several investment accounts.  Her address is the same as mine.  She was on my last three tax returns as spouse filing jointly.   Do you have information like that?  If so, I would not worry.  The USCIS is looking for evidence that your lives are being combined like most normal couples.  Most people who are going for immigration fraud avoid the financial risks involved with putting the immigrant spouse on accounts with substantial amounts of money--I consider your entire life saving a substantial amount of money.

 

As long as you have other things to show you are sharing your lives together, you will be fine.

 

Good luck,

Dave


Edited by Dave&Roza, 31 May 2013 - 05:46 PM.

Dave&RozaMaleKazakhstan2013-05-31 17:46:00
Removing Conditions on Residency General DiscussionMoving....

Hi so this is sort of related,

 

I am originally from the UK, been here just over a year. I don't have to apply to remove my conditional status until 90 days before the 1st feb 2014 so i'm kind of in the awkward 'in between' stage tongue.png

Anyway We just moved though, so which way do i need to notify them of my change of address? When we moved last year i did it online but have forgotten which way i did it lol.

Thanks!

 

You need to go on-line and file the AR-11 form for a change of address here.  I would print out the confirmation page for your records.  Also, the USC sponsor--i.e. your spouse--must also complete the I-865 form to report the change of address to USCIS for the AOS.  This one has to be mail in and you will receive a NOA1 for this form.  Keep it for your records.  If you had had a petition pending, you would have to complete the second step for the AR-11 form.  As that is not the case for you, just completing the on-line AR-11 form in sufficient.

 

Good luck,

 

Dave


Edited by Dave&Roza, 02 June 2013 - 12:18 PM.

Dave&RozaMaleKazakhstan2013-06-02 12:17:00
Removing Conditions on Residency General DiscussionSending your I-751 by certified mail

I sent it via express mail and waived the signature requirement.  Express mail is trackable and it arrived the next day, they processed the check and it cleared the bank two days later.  The next week we had our NOA1.  I think the important thing is to have a method that you can track.  A return receipt is not that important as it is like the IRS, they stamp them when they get around to it.  I have yet to send anything to the USCIS with a return receipt or requiring a signature.  I do, however; use a trackable method.

 

Dave


Dave&RozaMaleKazakhstan2013-06-03 20:09:00
Removing Conditions on Residency General DiscussionQuestion about I-551 stamp on passport

I was at my biometrics appointment today and right after that i decided to get an I-551 stamp (since i'm already there and they weren't busy)

 

an officer took my passport and biometrics letter when i told him i wanted a stamp. he said to wait because he needs to check what's happening with my case. and he returned after 10 minutes and gave back my passport (with stamp) and my appt letter. when i looked to check, he only wrote down for 6 months. my NOA1 says one year, just wondering if this happened to anyone? i didn't bother to ask since i already walked away from him.

 

Maybe it is a way for USCIS to get people to not bother them for the stamp and just use the expired GC and extension letter.  This would be more true if he had kept the extension letter.  There is a thread here on VJ where someone wanted the stamp and was willing to lie saying that the extension letter was lost.  So now here on VJ we may start telling people that the I-551 stamp is issued for 6 months or until the date indicated on the extension letter which ever is less.

 

Sounds like if you travel after 6 months you will still need the extension letter.  You had better hope that he did not put anything in your file that now makes the extension letter invalid.

 

I wish you well,

 

Dave


Dave&RozaMaleKazakhstan2013-05-29 10:45:00
Removing Conditions on Residency General DiscussionQuestions about what we have to send for 751

Will be filing the 751 the end of July. Here's what we have right now.

 

I have a new account with a new bank as I dropped the other because of so many extra fees they were charging us. I got this after my wife went back to China to take care of her parents (84 and 78). The one I dropped was a joint account. This one isn't yet because they require her to sign. I have the old credit cards from the account with her name on hers and mine on mine.

 

My lease for our home is in my name. If I change it now will they look negatively upon this?

 

Life, Medical Insurance is in both our names through my company and she is the beneficiary.

 

Filed taxes jointly for 2011 and 2012. Married in 2011.

 

Car loan is in my name. If I add her name will they look negatively upon this?

 

Have many papers and photos showing our travels. Many photos of her parents coming over to visit for a month last year. All the wedding photos from our wedding here and in China.

 

Utilities in my name. But I read where those don't really count as they can be faked so easily.

 

Many envelopes and letters sent to her and I at our address.

 

She did not change her name.

 

All these things are just how we handled them. I did not research this enough no doubt to realize we needed to have all these things in each others name. We are a true married couple 58 and 50 years old. What are your thoughts.

 

THANKS!

 

Marc and Rosie

 

Do not change anything just to please USCIS.  You have been living your lives as you see fit which IMHO is the proper way to handle this.  You give them what they want which is evidence that you are co-mingling your lives together.  Taxes are good.  Her being on your benefits is good.  Showing that she lives at the same address is good.  Showing travel is good.  Do you have a will or Power of Attorney or a Healthcare Power of Attorney?  You can send in the old joint account statements.  Do you have investments that she is a joint account holder?  You may want to get a couple of affadavitts from friends stating they have known you the entire time you have been married as you do not have a lot of financial evidence.

 

I would wait to file until she is back in teh US to sign the forms and that way you do not have to worry when the Bio appointment is.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-06-04 08:31:00
Removing Conditions on Residency General Discussion10 year GC question

I guess the next question would be if she stayed away from USA until August, it would be more than 180 days. Will she get hassled coming in to the States?

 

This is one of those where the answer is depends.  Depends on the CBP person and their mood.  Depends on what evidence she has for maintaining US residency--i.e. your home, you are still in the US, went to take care of her parents etc.  She might want to come back to the US before going to Italy.  If citizenship is important to her than being outside the US for more than 180 days does have consquences.  Long stays outside the US as a LPR need to be well planned with all the ramifications looked into.  Always remember that only USC have to be admitted to the US.

 

Dave


Dave&RozaMaleKazakhstan2013-06-04 14:36:00