Forum	Title	Content	Member	Sex	Country	Date/Time
Removing Conditions on Residency General Discussion	New processing times - is the USCIS lying?	QUOTE (Peter T @ Dec 28 2007, 06:24 PM) <{POST_SNAPBACK}> The new processing date of the I-751 at the Nebraska service center is Feb 9, 2007, as of Dec 14, 2007 . As far as I understand, that means that at Dec 14, the oldest non-processed I-751 application should be from Feb 9, 2007, or am I wrong? There are many of us who have a NOA with a date before Feb 9 who haven't heard anything from the USCIS until Dec 14, and there seems to be none that has been approved or received a RFE after September this year. What is going on? I can understand that a few applications can be missed when counting, after all, not counting but processing is their job. There are, however, too many "missed" application now. I have read on their website that they have been overwhelmed this summer with new applications, especially naturalizations. So, why don't they admit that they can't make progress with old less-urgent application like ours now? Why are they lying instead? Below are the data from some applicants out of the status thread, many of them having a NOA before 02/09/07. Please add yourself or give your data, if you fall into this time window. UserName............Serv. Ctr.....Date of I-751.....NOA1 Date.......Biometrics......Approved haozi101........... NSC...........11/27/06..........12/06/06........01/03/07........09/14/07 Bertrand............NSC...........12/19/06..........12/27/06........01/20/07........--/--/-- jennybirgitta.......NSC...........01/13/07..........01/18/07........02/14/07........--/--/-- dee.................NSC...........01/25/07..........01/29/07........02/20/07........--/--/-- chus................NSC...........01/26/07..........02/03/07........02/23/07........--/--/-- Peter T.............NSC...........01/27/07..........02/01/07........03/09/07........--/--/-- Illinois............NSC...........02/19/07..........02/23/07........04/18/07........--/--/-- Frances.............NSC...........04/02/07..........05/05/07........05/24/07........--/--/-- Kearinne............NSC...........04/09/07..........04/30/07........06/02/07........--/--/-- gyuwono.............NSC...........04/17/07..........04/20/07........05/18/07........--/--/-- charlie & yeng......NSC...........04/19/07..........05/01/07........06/02/07........--/--/-- (re-submitted 4/27/07) Actually the February 6th date means that this is the date when the applications have been taken off the shelf and placed on an adjudicators desk... it does not mean they were approved by this date... Depending on their workload, it could be another 2 to 6 weeks before anything gets approved...	zyggy	Not Telling	Canada	2008-01-02 14:04:00
Removing Conditions on Residency General Discussion	New processing times - is the USCIS lying?	The NSC has chosen to prioritize their workload. It's their feeling that timely processing of I-130's and I-485's is more important that processing I-751's and for good reason. You are in the US and have your PR status.. these people are still largely on the outside looking in... When you are the 30 days over all you can do is 1) Put in a request with USCIS and more importantly 2) Get your Congressman or Senator to make a Congressional inquiry on the status of your case. After that, there's really nothing you can do but sit back and make your Infopass appointment for the renewal stamp. It looks like they're just going to sit on them until the next wave does their Naturalization requests. After they pass on most of the pending I-751 with the N-400 to the DO for adjudication, then they might get around to processing the rest for those who choose to not naturalize... It nothing worth getting too excited over, just an annoyance more than anything else... Edited by zyggy, 02 January 2008 - 02:01 PM.	zyggy	Not Telling	Canada	2008-01-02 13:58:00
Removing Conditions on Residency General Discussion	State tax returns for I-751	They want original IRS transcripts. They're free. Call 1-800-829-1040. ALso they do not want state returns.. only federal...	zyggy	Not Telling	Canada	2008-06-30 11:43:00
Removing Conditions on Residency General Discussion	Why are you in hurry anyway?	QUOTE (imailin @ Feb 22 2008, 10:07 AM) <{POST_SNAPBACK}> QUOTE (Kezzie @ Feb 22 2008, 11:21 AM) <{POST_SNAPBACK}> QUOTE (imailin @ Feb 22 2008, 11:11 AM) <{POST_SNAPBACK}> QUOTE (Kezzie @ Feb 22 2008, 11:04 AM) <{POST_SNAPBACK}> QUOTE (imailin @ Feb 22 2008, 10:41 AM) <{POST_SNAPBACK}> QUOTE (Kezzie @ Feb 22 2008, 10:34 AM) <{POST_SNAPBACK}> Most people want to be approved fast so that they can get on with their lives and have this hanging over their heads... As for your employment issues... No employer has the right to ask you about your immigration status all they can do is have you complete the form I-9.... to comply with I-9 all you need is a unresticted SSN and a State ID... you do not need to show your Greencard or even mention that you are in removal of conditions... Kez Well, it is not so much like that, the form I-9 requires you to put your alien number from your green card and specified the expiration date. So, if the company makes employees fill up the I-9 every year and your green card is expired and your NOA is expired and an immigration officer does not want to put a stamp for one more year.,.... you basically screw.... sorry Sorry but you are wrong.... if you go and look at the I-9 if you are a LPR you need to give your A# IT DOES NOT ASK FOR THE EXPIRATION DATE... You can use 1 iteam from List B and 1 from List C... ie State Drivers Licence or ID card (List & Social Security Card (without work restriction) (List C)... Your Employer can not chose what you can show to him/her... they have no right to ask to see your Greencard and now with E-Verify your employer can verify your work status on-line.... http://www.uscis.gov...es/form/i-9.pdf Kez maybe.... let me know if you dont have problems once your NOA expires and they fired you..... I know cases... what are you going to do??? you are an immigrant.... ok? and with an expired green card!!!Good luck to all of us!!! also: sorry I forgot.... without a NOA they wont give a driver license..... I dont know now.... I got my 3 years ago with a 6 years expiration.... now ther ate more extrict about it Well thats where you are wrong again.... I have to revalidate my I-9 every year... so I have already showed my employer my State D/L and my SSN Card and it was accepted.... I was not asked about my status or to show my Greencard which expired on Nov 11 2007.... Employers can not fire you because your greencard has expired.... you are still a LPR you just dont have a valid Greencard..... go read the employers handbook that they have to follow with regard to the I-9.... I may be an immigrant but I still have rights.... Kez well... I dont know where you live. Here in Florida they required you to bring evidence of status.... a Social Security doen't make you legal or ilegal... back (around 10 years ago) USA was giving SS # to anyone that applied for one... believed me I know lots of people that have valids Socials and they are not even close to have a green card...... The state can in terms of granting a DL.. but an employer cannot. All they can ask if one is eligible for employment in the US which is verified by showing the necessary documents acceptable on the I-9. The employer cannot choose which documents listed on the I-9 they will accept or demand to see. WHich documents are presented is up to the employee.	zyggy	Not Telling	Canada	2008-02-22 12:44:00
Removing Conditions on Residency General Discussion	Why are you in hurry anyway?	QUOTE (GRANDE CACHORRO @ Feb 22 2008, 08:41 AM) <{POST_SNAPBACK}> Employers are, I believe, required by law to ask if you are a legal resident. Maybe not in all states but in a growing number. Nope... all they can do is ask if you are eligible for employment in the US. They cannot ask you if you are an immigrant, legal or otherwise. It's a big difference. Anyone who asks you for your immigration status can be reported to the EEOC.	zyggy	Not Telling	Canada	2008-02-22 11:49:00
Removing Conditions on Residency General Discussion	Gathering I-751 Evidence	May i just throw in my 2 cents.... Ive been keeping ALL of my and my wife's cell / house phone bills. I was thinking that when it came time to submit my own I-751 that i would include just the cover sheets with the front page of some of the bills. If i / we got a RFE or interview then you can always produce the itemised records and highlight all off the calls that you have made to each other over the last year or two.... What better way to prove that you are actually in contact with each other than proof of all those thousands of calls youve made to each other over the years.... Obviously if you werent a legit couple and it was a sham marriage you wouldnt have such records. Im not saying send them all 1st time round, but maybe some of them and be sure to keep the rest in case of a RFE or interview. if anyone else thinks this is stupid. Don't think it's stupid, just don't think phone records of much value for removal of conditions. She could be selling drugs and you are the supplier. I don't think photos worth much either. I believe they look for things that you have invested in together or co-own. Joint tax returns, joint credit card accounts, joint bank accounts, both names on a lease, mortgage, car registation or loan. And whay would would need to show records that they phone each other all the time.. they're living together right... shouldn't most of their communication take place at home? Agree... phone records show little and could actually hurt you..	zyggy	Not Telling	Canada	2006-03-15 08:44:00
Removing Conditions on Residency General Discussion	Gathering I-751 Evidence	Hello, I have read all documents you sent... what can we do... during these two years almost everything was on my husband name... "1) Proof of joint ownership or leasing of property (real or personal) such as house deeds, property tax statements, car titles, car registration documents, etc." Our ownership title for our house is on our both names, but our mortgage is on his name We lease the car but on my husband name (the price difference was very big, if my name was on the lease, as I did not have any vredit story here...). We have only car insurance on our both names... What you have sounds like excellent evidence to me in this category "2) Proof of joint financial information (bank statements in both your names, joint credit card accounts, etc)" We have joint bank account, joint small savings account, but different credit card (i was done because again I needed to built my own credit history) Again... this shows that you have a shared financial life... Are you an authorized user on each others cards... you can make a photocopy of the cards with all but the last four numbers blacked out, this would be good evidence as well. "3) Proof of beneficiary status (having each as a beneficiary on life insurance, 401k's etc. Wills made naming each as executor, medical and financial powers of attorney for each other, etc.)" We don't have it at all With a child on the way.. this portion is crucial. You both should at least have wills done up and have medical powers of attorney for each other, not just for yourselves, but this is very important for your children to name thier guardians at this time.... This is worth the few hundred dollars or so that it costs.. now that you have children, you should both be thinking about life insurance as well. I have a significant amount of money in life insurance for less than $75 a month. "4) Tax returns filed as married (seperately or jointly) If separately, they both should have the same address" We have it for last year and will do now too BUT THIS IS ALL WE HAVE ... (EXCEPT THAT I AM PREGNANT NOW) WHAT SHOULD WE DO ? I AM VERY NERVIOUS.... The key is to give the adjudicator as complete a picture as possible.. that you both have a shared life... There is no one way to go about this as each couple has their own way of going about it. You just want to build a picture to an outsider that you indeed have a shared life... And I forgot the best evidence of all.. a copy of your child birth certificate naming you both as parents... Edited by zyggy, 14 March 2006 - 03:37 PM.	zyggy	Not Telling	Canada	2006-03-14 15:33:00
Removing Conditions on Residency General Discussion	Gathering I-751 Evidence	Thanks to those who offered advice. I'm getting better ideas on how to proceed. All we sent was one copy of each bill for each 6 month period. I would say you have way to much. The packet shouldn't take two people to lift it. LOL This would make perfect common sense, but part of my dilemma was the I-751 instruction "...The document should cover the period from the date of your marriage to the filing of this petition." Curious some people don't seem to take this literally. Probably on the slim end of the range, but worse case they'll call us in for an interview. Well, my aim is to avoid an interview, or even a request for more information, at all cost. I just want to do this once and get it over with. To that end, I'd probably lean towards the cautious side (but without looking ridiculously redundant). All your first quote means is that they want documentes dated since the time your PR was approved. They don't want anything dated before that time. All they want is some differing forms of evidence that you have a shared life during the period since you were approved for PR. Phone bills in both your name every six months shows that. It shows that you continued to have that shared account during the time period. Same with a credit card. Each person will have a different types of documents to provide... it is truly unique.. But the documents that they love the most are the following 1) Proof of joint ownership or leasing of property (real or personal) such as house deeds, property tax statements, car titles, car registration documents, etc. 2) Proof of joint financial information (bank statements in both your names, joint credit card accounts, etc) 3) Proof of beneficiary status (having each as a beneficiary on life insurance, 401k's etc. Wills made naming each as executor, medical and financial powers of attorney for each other, etc.) 4) Tax returns filed as married (seperately or jointly) If separately, they both should have the same address. If you have a few things from each of the first three categories plus the tax returns, you will have little problem being approved either at the SC or during an interview (if you are randomly selected) Edited by zyggy, 14 March 2006 - 09:06 AM.	zyggy	Not Telling	Canada	2006-03-14 09:03:00
Middle East and North Africa	Inviting FI's family over for wedding	To get a B1 visa, they will have to apply for one at the nearest US consulate (Casablanca or Rabat). Each consulate hasd different rules in how they handle non-immigrant visas, but generally they merely have to make an appointment, fill out a DS-156 and $100 cash and bring plenty of evidence. It will be difficult for any of your fiancee's family to get a tourist visa for the US. It quite often takes presenting of evidence that your fiancee's family has significant ties to the their home country in terms of a secure job, finances, and property that would require them to return home after their visit. The fact that their daughter is now a permanent resident in the US will make things more difficult as they will have a significant tie to the US. If it is important that her family attends the wedding, you may want to rethink the K1 visa and opt for a K3 visa instead or arrange for a second religious type ceremony after your fiancee gets AP. All they can do is apply for the visa and see what happens. The website for the consulate is http://casablanca.us...formation3.html Edited by zyggy, 30 January 2006 - 03:19 PM.	zyggy	Not Telling	Canada	2006-01-30 15:18:00
Middle East and North Africa	Maybe you can help me!	Just adding in my 2 cents worth. You are supposed to file within 90 days of his arrival. When we went for our marriage license they had us tell them how many copies we wanted of our marriage certificate then, I think they were like $3 a copy. She suggested we get a few now instead of trying to get more later, which we did. Anyway the 90 days start their countdown upon his arrival. Just give yourself enough time to have all the paperwork ready. We just did the AOS and EAD at the same time. The instructions are on the form at the www.uscis.gov web site. Maybe here too, I haven't looked. Good Luck. Doreen The I-485 does not need to be submitted during the period authorized on the I-94. However, the marriage must take place within that timeline. However, each day between the date on the I-94 and the date that the I-485 has been received by USCIS is considered time out of status. If you accumulate more than 180 days out of status, you would face a ban on reentry into the US if you leave no matter if you have AP or not.	zyggy	Not Telling	Canada	2006-01-31 13:51:00
Middle East and North Africa	YESTERDAY MY HONEY SHOULD ARRIVE, but he did not!!!!	[quote name='goldenheart' date='Jun 4 2006, 01:16 AM' post='230843'] I don't know if I am helping, or just speaking out of my a$$, but I want so much to help. [/quote] Speaking out of your what???? This is the first time I've seen it spelled this way. HAHAHA. I really needed that laugh. THANKS!!! Thanks for the website!!! [/quote] Seeing what I read.. it appears that the CBP agent was tipped off by seeing a wedding band. Basically by he was seeing a wedding band that indicated marriage, but the alien was stating that he was not married. Actions speak louder than words. The act of wearing the band outweighed what he was saying, because people will lie to see their own ends... At that point in time, CBP was going to do what ever it took to find out the truth... When he fianlly admitted that he was married (even though it was not a legal ceremony), the damage was done.. He was now caught in a material misrepresentation... I witnessed a very similar circumstance when I was a CBP agent. Some came to the POE with a K-1 visa, stated they were not married, but had a wedding band on. At that time, the officer and his supervisor got her to admit that she did have a wedding ceremony. She mistakenly assumed that a religious wedding in Canada was not a legal ceremony... (it is). But even if it wasn't, it wouldn't have mattered. She still would have been sent back home...	zyggy	Not Telling	Canada	2006-06-05 08:31:00
Canada	POE question	You can fly from Ottawa and have your POE there. One note though, as you are CR-1 you do NOT fill out an I-94 you just hand in your packet and they will activate your visa in your passport. They will fill out a form that will eventually generate your "green card". It is a breeze! No worries! Best wishes on your new adventure! Correct CR-1 visa holders do not fill out an I-94 since you are a permanent resdient upon activation. Your POE will be at the airport where you last exit Canada into the US. If you fly from Ottawa to Toronto to Oaklahome, your POE will be at Pearson. If you fly from Ottawa to the US and then to Oklahome, your POE will be in Ottawa. Edited by zyggy, 02 March 2006 - 09:30 AM.	zyggy	Not Telling	Canada	2006-03-02 09:29:00
Canada	The Canuck EI Thread	Wooo! I got my first set of report cards! One is for 2 weeks, March 26 - April 8, the other is for 1 week, April 9 - 15. Is this normal? There was a pamphlet type insert with the cards saying that some cards will be for 2 weeks, some will be for 1 but I thought I'd double check. They also sent me a form letter requesting more info, asking if I was a US Citizen, if I entered on a work Visa and if I was a Canadian Citizen, did everyone get this letter as well? I applied online as a K1 and sent off my ROE and copy of passport pages last week. Also, do I send them a copy of the marriage certificate? Yeah.. the run on a set 2 week cycle.. if your begin date was in the middle of the cycle, you'll get a card for the time you had within that two week cycle.. And we got the letter asking for more info as well. Sent them a copy of the K1 visa and I-94. Once we had the EAD, we subsequently sent them a copy of the EAD as well. You'll get a letter telling you that they will approve the EI payments until the K1 expires and ask you to send them the EAD if you need them to continue.. Edited by zyggy, 11 April 2006 - 08:21 AM.	zyggy	Not Telling	Canada	2006-04-11 08:20:00
Canada	The Canuck EI Thread	After reading through the old thread I just want to make sure I have this right... - My last day of work will be March 24, moving on March 30 - The payroll dept will have my ROE ready on that day. She will put 'Quit' and then 'Relocation for Anticipated Marriage' in the comments section - I apply online (do I do this before I move or after?) - Send in copy of K1 Visa/I94/ROE Am I doing good so far? Yes for all... and you can do it before you leave... just be sure that you put in the address where you will be in the US.	zyggy	Not Telling	Canada	2006-02-15 10:04:00
Removing Conditions on Residency General Discussion	I-751 Address on Aplication Form, NOA	They will send the NOA to the address that you put on the I-751 form. You just have to wait... Did you get delivery confirmation on your package. If you haven't received it by the time that your GC expires, make an Infopass Appointment with the proof that you sent in your I-751 by either the delivery confirmation or the cancelled check and ask for an I-551 stamp. Thank you so much for your reply. I am so relieved to know that they will send the NOA to the address on I-751 form. Yes, I have delivery confirmation and copy of the check they cashed with receipt number on. As you recommended, I made an Infopass Appointment on 2/13, which is 31st day of my filing and 5 days before the expiration of my GC. Hopefuly, NOA will come before my Infopass Appointment, but it's very reassuring to know that I have a second plan. Thank you again. BTW, it might not be a big deal, but when I made an Infopass Appointment, there were several choices for the reason of requesting appontment. What should I choose for my situation? Can I just check on " You have received an approval letter or Form I-797 from the Service Center or local office instructing you to come into the office for alien identification card processing / passport stamp."? Thank you. Actually that response would not apply.. you should choose the option that you wish to speak to an officer about your case.	zyggy	Not Telling	Canada	2006-01-31 13:53:00
Removing Conditions on Residency General Discussion	I-751 Address on Aplication Form, NOA	They will send the NOA to the address that you put on the I-751 form. You just have to wait... Did you get delivery confirmation on your package. If you haven't received it by the time that your GC expires, make an Infopass Appointment with the proof that you sent in your I-751 by either the delivery confirmation or the cancelled check and ask for an I-551 stamp. Edited by zyggy, 31 January 2006 - 12:27 PM.	zyggy	Not Telling	Canada	2006-01-31 12:26:00
Removing Conditions on Residency General Discussion	I-551 but studying abroad?	It all depends on exactly how you play it. Certainly possible. Remember that the US is your permanent abode and that any schooling 'abroad' will be temporary. I have certainly seen it where the parents have emmigrated and a child has gone back to do Uni. There they have their home base in the US at their Parents address and come back outside term time. Have a look at the USCIS site for their comments. I understand that maintaining residency issues is considered a specialism in its own right in legal circles. Proabbaly not the best section to post in, but not sure if anybody who frequents this board would be particularly knowledgable. There could definitely be questions about abandonment and is definitely could involve some risk. I don't believe that anybody on this boardc would be able to help you as this requires specific legal advice. You'll need to consult with an immigration attorney that specializes in abandonment issues to determine if this could be a significant issue for you. Edited by zyggy, 09 February 2006 - 08:25 AM.	zyggy	Not Telling	Canada	2006-02-09 08:24:00
Removing Conditions on Residency General Discussion	Am I eligible for the refugee travel passport?	I'm not familiar with this, but it would seem odd if you were eligible for a refugee travel document, not being a refuge. From USCIS http://uscis.gov/gra...oi/travdoc.htm: What is a Travel Document and Who Needs One? If you are not a U.S. citizen, you may need permission to return to the United States after traveling abroad. This permission is granted through a travel document. Travel documents are also given to people who want to travel, but cannot get a passport from their country of nationality. Refugee Travel Document A refugee travel document allows people who are or once were refugees or asylees to return to the U.S. after travel abroad. The refugee or asylee should apply for this benefit before leaving the U.S. In some cases, immigration officials may issue travel documents to refugees or asylees who are physically outside of the U.S. See 8CFR 223.2(B)(ii) Can I ask why you are reluctant to use the Russian passport for travel? I'm asking since I have a Russian foreign passport too. Thanks. In order to get a refugee travel doucment, you have to be a refugee. Sorry, but you are not eligible for one and must travel on your Russian Passport until you become a US Citizen.	zyggy	Not Telling	Canada	2006-02-20 09:21:00
Removing Conditions on Residency General Discussion	I-751 and tax returns	You know, does it state on the I-751 form that Tax reciepts need to be filed now? I know the form I used (the older one pre-Nov 2006) didn't mention anything about that being a suggested or required form to submit. I just lucked out and had talked to my old lawyer and he mentioned that they don't state it, but they want it. Maybe the new form states you need it now. My question is has anyone (old or new forms) recieved their CG without sending in their taxes as proof? Tax returns is one of the key pieces of evidence that you need, as it shows that you declare yourself as a married couple to the government. I would be very hesistant to file an I-751 without them, indeed it may increase your chances of requiring an interview.	zyggy	Not Telling	Canada	2006-02-03 14:04:00
Removing Conditions on Residency General Discussion	I-751 and tax returns	When we sent in our evidence, we only sent in one tax return and our application to remove conditions was approved 2 weeks ago. I dont think there is a requirement to send in two years worth of tax returns. I'm not saying it's required, in fact only one year may be available if you file your I-751 early in the year ... In thier case, they should have at least 2 years of returns available... and If your spouse filed married filing seperately, you may want to revisit that by an amended return and file jointly. You'll probably get a lot more money back... Edited by zyggy, 31 January 2006 - 03:16 PM.	zyggy	Not Telling	Canada	2006-01-31 15:14:00
Removing Conditions on Residency General Discussion	I-751 and tax returns	You should have filed jointly in 2004 whether you were working or not... Since you need to file your 2005 tax returns by April 15, you should have your 2005 tax returns as well. In essence... there is no excuse for you not to have 2 years of tax returns by the time that you need to file your I-751. Edited by zyggy, 31 January 2006 - 12:24 PM.	zyggy	Not Telling	Canada	2006-01-31 12:24:00
Removing Conditions on Residency General Discussion	I need some help	I could use some help if you can. I am looking for cases where the K-2 was 18 or older when the K-1 married and the K-2 was able to AOS. My K-2 was denied because when I married her mother, the K-1, the K-2 was 18. Please if you know of people who are like my K-2 but got the AOS I really need to chat with them. My thanks to everybody who can help. Shawn Are you sure about this... you can get a K2 for the child as long as the child is unmarried and is under 21. You can also adjust that child as long as they are under 21 for sure.. From the USCIS website.. http://uscis.gov/gra...wdoi/fiance.htm U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States. You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States. Yes, it is very strange to us. We have been to court and the Judge did try to get the ICE lawyer to move off his position. The ICE lawyer would have expect the local INS office is stuck on the word minor. The law defines the "child" but not "minor child" . It does use the word child and minor child as if they are the same. Yes, this does seem simple to us. So, if we can prove that USCIS gives out AOS's even when the parents marry after the child turns 18 our case becomes very easy since they have to apply the law the same even if you are in a different district. The issue at hand is my K-2 is getting very close to being 21, so time is not in our favore. Thank You Shawn I could use some help if you can. I am looking for cases where the K-2 was 18 or older when the K-1 married and the K-2 was able to AOS. My K-2 was denied because when I married her mother, the K-1, the K-2 was 18. Please if you know of people who are like my K-2 but got the AOS I really need to chat with them. My thanks to everybody who can help. Shawn Are you sure about this... you can get a K2 for the child as long as the child is unmarried and is under 21. You can also adjust that child as long as they are under 21 for sure.. From the USCIS website.. http://uscis.gov/gra...wdoi/fiance.htm U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States. You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States. Yes, it is very strange to us. We have been to court and the Judge did try to get the ICE lawyer to move off his position. The ICE lawyer would have expect the local INS office is stuck on the word minor. The law defines the "child" but not "minor child" . It does use the word child and minor child as if they are the same. Yes, this does seem simple to us. So, if we can prove that USCIS gives out AOS's even when the parents marry after the child turns 18 our case becomes very easy since they have to apply the law the same even if you are in a different district. The issue at hand is my K-2 is getting very close to being 21, so time is not in our favore. Thank You Shawn Just as an added note, the Jugde said it was refreshing to have a case in which nothing had been done wrong by the person seeking AOS. He than looked at my K 2 and made it clear that she had done nothing whatsoever wrong. Shawn Sounds like the immigration judge is on your side... and they're the one who makes the decision. What does your lawyer say about this... Maybe you should show them this and tell them to read their own damn website... Edited by zyggy, 15 March 2006 - 08:48 AM.	zyggy	Not Telling	Canada	2006-03-15 08:46:00
Removing Conditions on Residency General Discussion	I need some help	I could use some help if you can. I am looking for cases where the K-2 was 18 or older when the K-1 married and the K-2 was able to AOS. My K-2 was denied because when I married her mother, the K-1, the K-2 was 18. Please if you know of people who are like my K-2 but got the AOS I really need to chat with them. My thanks to everybody who can help. Shawn Are you sure about this... you can get a K2 for the child as long as the child is unmarried and is under 21. You can also adjust that child as long as they are under 21 for sure.. From the USCIS website.. http://uscis.gov/gra...wdoi/fiance.htm U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States. You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.	zyggy	Not Telling	Canada	2006-03-14 16:39:00
Removing Conditions on Residency General Discussion	move to a different state before I-751 application	I need to lift the condition next January. Will a move to a different state before the lifting application affect the application in any way? Does the new service center need my old files to appove the case? Thanks for your input. Your A-file is at the National Records Center in Missouri. When you file your I-751 to whatever Service Center that has jurisdiction over your new place of residence, the SC will request your A-file at that time.	zyggy	Not Telling	Canada	2006-03-21 16:34:00
Removing Conditions on Residency General Discussion	removal of conditions or application for citizenship	For those with conditions associated with their Permanent Resdient Status, filing of the I-751 is mandatory. If you do not file the I-751, your permanent resident status will be cancelled and you will be put into removal proceedings.	zyggy	Not Telling	Canada	2006-03-23 10:31:00
Removing Conditions on Residency General Discussion	Is lifting conditions just a formality?	Assuming you're still married to your partner and you have no intention of getting divorced... is there any other reason why they might refuse to lift the conditions on your greencard and give you a 10-year one? What about if you had an accident and were in a wheelchair, or if you got cancer or your partner lost their job or you went bankrupt? I'm just wondering what if anything I still have to worry about for the next few years... If in the opinion of the adjudicator, the marriage was entered into for the purposes of circumventing US immigration laws. That is the only reason that the I-751 can be denied. All the issues that you mentioned do not matter a lick...	zyggy	Not Telling	Canada	2006-03-20 13:28:00
Removing Conditions on Residency General Discussion	Timeframe to file I751 if married 2+ years before AOS?	That would depend if your status is CR-1 or IR-1. However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue. The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1. zyggy, Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment. OP: how long is your wife's Green Card valid for? Did you read the pinned post at the top of this forum? How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years. Thanks for the replies, here is a rough timeline... 12/31/02 married in US 07/03 AOS interview 10/03 AOS followup interview 01/12/05 Green card issued, expires 01/12/07 Now... waiting to file I751 I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip? Thank you. The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated). If the GC expires 1/12/07 Then the resident since must be 1/12/05, right?	zyggy	Not Telling	Canada	2006-03-23 08:38:00
Removing Conditions on Residency General Discussion	Timeframe to file I751 if married 2+ years before AOS?	Is it true the if we were married more than 2 years at the time of AOS approval (green card), that we do not need to wait 2 years to file the I751? My wife is here on a K-1 Visa, and her AOS date was 25 months after we were married. If I do not need to wait, do I simply file the I751 now and she gets the 10 year green card unconditionally? Thanks very much. If you were married more than two years when AOS is approved (date the first green card is issued), she should get the 10-year green card automatically and she will never need to file the I-751. (However, at their discretion, the USCIS can issue a two-year green card instead, in which case she would file the I-751 one year and nine months later.) Just to be clear: it took 25 months from your marriage until the date your AOS was approved? Edited to add: If the I-751 needs to be filed, the immigrant files it, although the US citizen spouse needs to sign as well. But it's the immigrant's petition, not the USC's. That would depend if your status is CR-1 or IR-1. However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue. The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.	zyggy	Not Telling	Canada	2006-03-20 08:36:00
Removing Conditions on Residency General Discussion	Lifting Conditions	[quote name='warlord' date='Apr 7 2006, 09:05 AM' post='116674'] [quote name='jasman0717' date='Apr 6 2006, 09:10 PM' post='116261'] [quote name='ven2lin' post='116255' date='Apr 6 2006, 07:05 PM'] What complications could it have if I did though?...File early.. [/quote] Filing early will just get your stuff returned to you, not sure if they then further delay your processing. When you mail out your information, it gets looked at upon arrival and then you get a letter within a few days to one week of you mailing in your info saying the INS has received your information. So they may not be looking at your bills and photos at that point, but they do notice when you due date is and when you send it in. If it's before, I know they will return everything back, I just don't know if they flag you for it and then slow down your process when you do file at the correct time. I wouldn't risk that... [/quote] If you send your I-751 before the 90 days, they will return your packet back to you with a letter telling you to submit in the 90 day period... And when you do submit it, your NOA extends the validity of your GC for 1 year.	zyggy	Not Telling	Canada	2006-04-07 08:41:00
Removing Conditions on Residency General Discussion	Citzenship Question	It is the date your wife was approved at AOS interview.... so 2003... hope her citizen tests go well Kezzie Yep.. 3 years from 03	zyggy	Not Telling	Canada	2006-04-07 11:44:00
Removing Conditions on Residency General Discussion	Question about I-551 stamp in passport.	Hi everyone, Its been so long since I posted here... I cant believe it!! I have a couple of questions about the I-751... I read that we have to file 90 days prior to the expiration date on the green card, can we do it 6 months before? No.. it has to be 90 days.. My second question is regardin the I-551 stamp in the passport, the one that we get when the AOS is approved, I never got it!! My AOS was approved without an interview(lucky me )... Any help? Did you get a card? If you got a card, the stamp doesn't matter...	zyggy	Not Telling	Canada	2006-04-20 14:01:00
Removing Conditions on Residency General Discussion	Travel Question	My wife and I are due to travel in June to visit her family in Canada.She had her Conditions removed and we are waiting for her 10 r greencard.They say 3-6 months wait.My question is this.Her Canadian passport has expired.She dosent want to send her old one in to file for a new one,cause all her INS stuff is in there K1 visa etc..She is afraid of it getting lost.She would rather renew it once we are in Canada.Can she get back into the states at a land crossing without her greencard,but with her new passport?The INS office told us they would stamp a travel document in her passpoert once she got it.Can they see in the computer that she is a LPR?Or would she need to show the card or travel document in the passport?If so then we need to get her passport ASAP since we have no clue when greencard will get here. Thanks for any info given I think it would be best to mail in her passport now, get the new one and then make an InfoPass appointment and get it re-stamped. In Canada when you re-do your passport from the US anyways, they return your old passport (with little holes in it) along with your new one, so you won't loose anything. If not, then does your wife still have her old GC? Or did she send that in to the removal of conditions under the new rules? If she has it, then no problem, if not, then it all depends on the custom guards I think. Nowdays with all the rules and everything it's better to be safe then sorry. Last time I went back to Canada, on my way back with a valid stamped passport and my GC they still were questioning me big time. Without the passport, I'm sure they would have delayed me. If they have to look you up in the computer, then remember you will be pulled into the office most likely and then you will be on their time. They don't care how long they make you wait either. If you're flying you could miss your plane possibly, if driving, then you might just have to sit and wait for them to get around to checking on her status. They don't like to work more then they already do... To enter the US she MUST have evidence of her PR status. As a matter of fact, you have to have evidence of your PR status on your person at all times. If that evidence is in the form of a passport stamp, then she will have to have her passport. If you don't have it, they will be really pissed off. They could even deny you entry if they wished until you have it. I would get your passport renewed by sending it in to Passport Canada before you leave... if you're worried about it getting lost, then send it to them by courier. They are pretty quick and are really no slower than if you submitted it in person to a passport office.	zyggy	Not Telling	Canada	2006-04-07 08:47:00
Removing Conditions on Residency General Discussion	Travel with Conditional Permanent Residents	sometimes other countries have different entry requirements for permanent residents... just check out the website of the country you are planning to visit and find out MarilynP, Where did you get this information from? Normally when you travel to another country, the other country looks at your citizenship to determine how to treat you. Therefore, the green card holder's passport is the determining factor concerning how the traveler gets handled in the country being visited. G Canada and Mexico extend different entry regulations to US Permanent Residents---people who might normally need a visa are allowed to visit without a visa if they have a Green Card. http://wikitravel.org/en/Mexico#Get_in US Green Card Holders: If you are a foreign national residing in the US as a permanent resident (green card holder) you do not need a visa to visit Mexico. You do need to have a valid passport and valid green card with you for the duration of your travel. http://www.cic.gc.ca...isit/visas.html VISITOR VISA EXEMPTIONS Many people do not require a visa to visit Canada. These include persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence. Other countries may have similar waivers for US PRs. Including most of the Carribean and even Switzerland...	zyggy	Not Telling	Canada	2006-05-04 13:59:00
Removing Conditions on Residency General Discussion	Travel with Conditional Permanent Residents	what Immigration counter do I go to? citizen or just the one tourists go to? I have entered at Los Angeles, Detroit, Chicago, Miami, Houston, Seattle, Atlanta (and some others I can't recall) and at every POE there were people from other countries in the line for US citizens (they had Passports other than US.) So, the rule of thumb is "Take the shortest Line" - everyone else does! Green Card Holders can use the USC Line...	zyggy	Not Telling	Canada	2006-05-04 07:21:00
Removing Conditions on Residency General Discussion	Filing I-751 for a child	So, bascially removing the conditions for my child is kind of like when we filed the I-129F? She was included on mine and obtained the K2 status from me? Sorry, I am a little confused... Do I pay the fee for her as well if she is added on my I-751? Yes, you add your daughter to your application. And you should answer the questions on the form as if it were just for yourself, but then you add your daughter's name in the appropriate spot on the form. Yes.. Just like a K1... Only 1 fee, she's included on your I-751... you just have to include a copy of her GC as well as passport photos for her so they can make her card as well.	zyggy	Not Telling	Canada	2006-05-16 10:18:00
Removing Conditions on Residency General Discussion	Blacking out account numbers in evidence?	Did they give you any trouble for blacking out that info ?! Nope...	zyggy	Not Telling	Canada	2006-05-10 07:38:00
Removing Conditions on Residency General Discussion	Blacking out account numbers in evidence?	We are sending our 751 tomorrow or Wednesday. Did anyone black out all or some of their account numbers? We have our checking and savings account numbers, credit card numbers, money market account numbers, etc. in our packet of evidence. (I may just be paranoid here because I do not like the idea of my whole financial account # information floating out there.) thanks in advance! I blacked out all account numbers... If you are showing that you have a joint account by the use of two cards with the same account numbers with the two names, you can black out everything except the last 4 numbers.... I made a copy... then used black marker to black out the pertinent number, then made a copy of that...	zyggy	Not Telling	Canada	2006-05-01 11:09:00
Removing Conditions on Residency General Discussion	Is it enough?	I think you are wrong.Photos of them together is a very good proof and it doesnt have to be the marriage photos only,they can include just the regular events photos of them together and with their friends,because actually if you read the www. uscis.gov website you will be able to notice that the photos are considered to be the relevant evidence of the real marriage . Also in my case ,besides the affidavits from our friends , my husband wrote an affidavit from himself about our relationship and etc., as well and i;m personally wrote an affidavit from myself about my point of view of our relationship,how we;ve met and etc,...Also my husband's mother wrote an affidavit as well. So we ;ve basically included the 8 affidavits total friends and us. Sincerely. http://www.uscis.gov...files/I-751.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 the period from the date of your marriage to the filing of this petition. Examples of such documents are: Birth certificate(s) of child(ren) born to the marriage. Lease or mortgage contracts showing joint occupancyand/or ownership of your communal residence. Financial records showing joint ownership of assets andjoint responsibility for liabilities, such as joint savingsand checking accounts, joint federal and state tax returns,insurance policies that show the other spouse as thebeneficiary, joint utility bills, joint installments or other oans. Other documents you consider relevant to establish that your marriage was not entered into in order to evade the U.S. immigration laws. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditionalresidence was granted and have personal knowledge ofyour marriage and relationship. ----------------------------------------------------------------------------------------------------------------------------- Not one word about photos. Plus they don't care how you met. They want to know what's been going on since you got married. If you want to build your case on photos and affidavits go right ahead. THey're concerned about whether you've taken the steps to create a joint life... they don't care that you've been in each other's presence the last two years... Does me having pictures that I have with me and Renee Zelwegger at a bar here in Detroit mean that I have a shared life with her... Hardly... If that doesn't indicate a shared life, what makes you think that pictures of the two of you would... Edited by zyggy, 19 May 2006 - 08:16 AM.	zyggy	Not Telling	Canada	2006-05-19 08:16:00
Removing Conditions on Residency General Discussion	Beginner Questions	They don't "just send them"; you have to apply. Some people get interviewed. Most do not. I don't want to apply. I want to see if it comes...maybe I will get lucky? I don't think you understand... you must file the I-751 within 90 days of the expiry of the 2-year GC. There is no "optional" associated with it... Whether or not you get interviewed after the I-751 is either based on the quality of the evidence that you submited, the circumstances of your case, or the luck of the draw for a random quality control interview.	zyggy	Not Telling	Canada	2006-05-19 08:12:00
Removing Conditions on Residency General Discussion	I have returned from my local office	I posted previously about Nebraska sending all of my paperwork back stating that because my approval on residency took place after I had been married two years, I was supposed to have received a 10 year card and not a 2 year card back in July 2004. I went back into our Boise office. Nice and quiet. Only one couple ahead of us and no one else. The officer read the letter from Nebraska, looked at our greencards, simply handed over two I-90 forms where he checked off a couple of boxes. He then attached my photo along with my son's to the forms, also attached the copies of our greencards. I am just to fill in the rest of the information, attach a copy of Nebraska's letter to my I-90 and my son's, then forward back to Nebraska. We will then receive the 10 year greencard, no charge. Now my question is this. Expiry on these 2 year cards is July 7, 2006. What if I receive nothing back before then? Then go back to the Boise Office with your I-90 receipts and get I-551 stamps in your passports. But the I-90 NOA should be good enough evidence of your permanent resident status.. Edited by zyggy, 05 June 2006 - 01:07 PM.	zyggy	Not Telling	Canada	2006-06-05 13:06:00