ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General DiscussionI 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.

zyggyNot TellingCanada2006-06-05 13:06:00
Removing Conditions on Residency General DiscussionLiving in Non-USC's country for a few years

Hi,

I'm from Singapore and my husband is the USC.

We are just doing some initial research into going to live in Singapore a few years, just so we have some extended time with my family. We would intend to vome back to the US after those few years.

If I'm not intending on applying for Citizenship yet, are there any serious implications for going for 2-3 yrs? I understand that I'd have to apply for a re-entry permit, would that be it?

Thanks
...yeng



Yes... you could lose your Permanent Resident Status. A re-entry permit does noit help you if you have abandoned your residency. If you pull up stakes and go to another country, there is a real risk of the CBP or USCIS determining that you have abandoned your status.

A better suggestion is for you to wait until you naturalize, then go over to SIngapore for a few years. Once your a citizen, you're always a citizen...
zyggyNot TellingCanada2006-06-20 07:30:00
Removing Conditions on Residency General DiscussionForm AR-11

(sorry for the unfinished post)

I wonder if we should quietly file the AR-11 for me and I-865 for my husband (the sponsor) now, or shall we attach a letter saying we are sorry we didnt know...? Should I go to the local USCIS suboffice and ask them? or will it only make it worse?

...sorry I replied with no answer but just the same questions you have...

Nhu



I would file the AR-11 at this time...

I would suspect prosecuting someone for failure to file an AR-11 would not be a judicious use of either ICE or US Attorney resources...
zyggyNot TellingCanada2006-07-05 10:41:00
Removing Conditions on Residency General DiscussionNotary or just affirmation?

Called the misinformation line today for the first time in about 2 years. I had forgotten how nauseating the hold music is. And it's the exact same nauseating music.

Anyway, my question is about the affadavits. The instructions for the I-751 say Affadavits sworn to or affirmed. Does that mean notarized, or just a statement in the affadavit that the signatory swears to the truthfulness of the affadavit?



Affidavits really aren't necessary if you have a great deal of other evidence... I wouldn't bother with it..

But to answer your question.. yes... it means that you have to swear what is stated in the affidavit is correct before a notary.
zyggyNot TellingCanada2006-07-06 12:34:00
Removing Conditions on Residency General DiscussionWhere's everybody at.......

We got married in June 2006, got green card in February 2006 and we are waiting to lift the conditional GC this November. Sometimes we drop by to see what's happening and how everybody's doing...giving advices if necessary...Thanks to this website, we can learn from each other's experiences for mutual benefits.



Umm .. you are not eligible to lift conditions until November 07.

Edited by zyggy, 07 July 2006 - 10:42 AM.

zyggyNot TellingCanada2006-07-07 10:41:00
Removing Conditions on Residency General DiscussionAR-11
AR-11 is for the alien...

I-865 is for the sponsor...

If you and your sponsor are moving, both must be filled out...
zyggyNot TellingCanada2006-07-21 15:08:00
Removing Conditions on Residency General DiscussionI-551 AND 10-year green card

you know this i have heard of.....strangly enough, especially in Guam.

Although they say your meant to do the whole 2 year conditional resident thing, upon entry if the POE officer at secondary inspection feels that its a valid relationship, he can waive the 2 year requirement and admit you as an IR-1.

This i have heard of, and what the POE at secondary inspection told us.


weird....but anywhos congratulations by all means!!!! :)

What POE did you go through???? LAX???


And you'll still have to wait the 2 years 9 months if you decide to become a citizen



This is absolutely positively not true.. THe law does not allow a CBP officer to make this determination. If you are married less than two years when you get your PR status, you are a CR1 and a I-751 must be filed. If you were given, IR1 status in error, you are responsible for fixing it and filing the I-751. If you do not, it could come back to get you when you apply for naturalization.

If they sent the I-751 back to you, go with it and their notice to your USCIS DO and get it rectified...
zyggyNot TellingCanada2006-07-21 15:12:00
Removing Conditions on Residency General DiscussionI-551 AND 10-year green card

Sounds like they made a mistake on the green card. The fact that the passport is stamped with the correct information shows that somewhere there is a file with the correct information. In my opinion it is not worth the risk to let it slide and hope they don't catch on. If you are supposed to be a conditional resident and you don't file within 90 days prior to the correct expiration of the green card you could be deemed out of status and deported.


Hello everybody!
My passport has a bunch of stamps:
1. Processed for I-551, temporary evidence of lawful admission for permanent residence, valid until (blank), Employment authorized
2. AUG 02 2005
3.Class: CRI, Until AUG 03, 2006

My Green Card says: expires 08/12/14, Resident since 08/03/04

I´m a little bit confused. We will have our second anniversary in March this year. Why do I have a 10 year green card. Do I still have to file for Lifting Conditions (I-751)?

:blink:

Thanks for any advice!
Pacha



Sounds like they made a mistake on the green card. The fact that the passport is stamped with the correct information shows that somewhere there is a file with the correct information. In my opinion it is not worth the risk to let it slide and hope they don't catch on. If you are supposed to be a conditional resident and you don't file within 90 days prior to the correct expiration of the green card you could be deemed out of status and deported.

Hello everybody!
My passport has a bunch of stamps:
1. Processed for I-551, temporary evidence of lawful admission for permanent residence, valid until (blank), Employment authorized
2. AUG 02 2005
3.Class: CRI, Until AUG 03, 2006

My Green Card says: expires 08/12/14, Resident since 08/03/04

I´m a little bit confused. We will have our second anniversary in March this year. Why do I have a 10 year green card. Do I still have to file for Lifting Conditions (I-751)?

:blink:

Thanks for any advice!
Pacha


The fact that they made a mistake and gave you a 10-year GC does not excuse you from the requirements of filing an I-751 90 days before your 2nd anniversary as a PR. In your case 90 days before 8/3/06. You'd go after them if they made a mistake to your detriment... how does it change if they make a mistake apparently in your favor.
zyggyNot TellingCanada2006-01-31 10:27:00
Removing Conditions on Residency General Discussionaffidavit letters a must??
They are not required and are considered a rather weak form of evidence. I you have three or four examples of strong forms of evidence (tax return, deed, property tax bills, leases, wills, beneficiaries on each other accounts and insurance, bank records, etc.), I would think that the affidavits would be superfluous...
zyggyNot TellingCanada2006-08-07 10:56:00
Removing Conditions on Residency General DiscussionConditional Green Card expired
By the law, if she did not file her I-751 prior to the expiry date on her GC, her PR status is cancelled and she is currently in the US without status.

However, the USCIS can accept a late filing if they choose (and have been known to do so within reason). If I were her, I would not leave the US for any reason until she gets an extension letter from the service center.

She should be prepared for the bitter fact that she's going to have to miss her brother's wedding due to her mistake.

Edited by zyggy, 15 August 2006 - 09:49 AM.

zyggyNot TellingCanada2006-08-15 09:47:00
Removing Conditions on Residency General DiscussionJoint Tax Returns & I-751

Hello, we're submitting all paperwork for my husband's I-751 tomorrow! We have two tax returns to submit, and I'd love to know if we have to give the INS each return in its entirety, or will the top two pages of the 1040 (Questions 1-75) suffice? Or something else?

Didn't realize the tax returns were so hefty. Plus, if we don't have to submit all that personal information, that'd be sweet. They've got enough, I'd think! :blush:

Thanks very much in advance! Jackie



Actually, you need to provide the IRS tax transcripts for your returns. Call the IRS and get them for free. 1-800-829-1040
zyggyNot TellingCanada2006-02-01 10:51:00
Removing Conditions on Residency General DiscussionWorking OFF THE BOOKS.
I don't think it would come into play when one does remove conditions. But it would definitely come into play if they subsequently wanted to naturalize. Working under the table is tax evasion if your income from the work is not reported to the IRS. Committing a crime is a reason for deportation and denial of US Citizenship.

You can work for the guy, and get paid by the guy, but it's your responsibility to pay self-employment taxes on the income. Depending on how much the guy is paying you, it may not be worth it...
zyggyNot TellingCanada2006-08-29 07:36:00
Removing Conditions on Residency General DiscussionI-751 question about my children

If you live in California
If the parents were married when the child was born, the law usually considers the husband to be the father.

http://www.kinseylaw.../parentage.html

so you may be considered the father depending on which state you live in.



Actually.. that's the law in all common law jurisdictions....

You may not biologically be the father.. but you ARE the legal father. There may be situations where this would not be the case if one was legally separated at the time...
zyggyNot TellingCanada2006-10-12 12:25:00
Removing Conditions on Residency General DiscussionChanging address while having conditional card
I am assuming that you do not have an I-751 in process...

You have complied with the law.. you need to do nothing further...
zyggyNot TellingCanada2006-12-06 11:16:00
Removing Conditions on Residency General DiscussionNever received our "Welcome" letter
All you need is the Green Card...
zyggyNot TellingCanada2006-12-18 10:46:00
Removing Conditions on Residency General DiscussionSeparation/Almost to 10Yr GC
USCIS rules are clear... if at any time you are seperated or divorced before the I-751 petition is approved, the alien must file a new I-751 petition on their own after the divorce is finalized...

I agree with the above posters, I'm sure after 2 years there is plenty of evidence that you both lived a shared life and the relationship was not entered into to evade US Immigration laws... If it is truly over, you should get a divorce and let your husband file to remove conditions on his own...

Edited by zyggy, 04 January 2007 - 09:29 AM.

zyggyNot TellingCanada2007-01-04 09:27:00
Removing Conditions on Residency General DiscussionI-751 Biometrics appointment vs. approval

Most people do not have an interview for the removal of conditions (10 yr. GC), but there are some people who are asked to report for an interview.

I had my biometrics done in October, and haven't even been touched since the day after the biometrics on Oct. 18th.

I guess the wait continues!!!!

Good luck.


Thanks for replying. Does a biometrics appointment mean that the I-751 application has been approved?



No.. it means that they have collected your biometrics... You are scheduled for the next available biometrics appointment and the appointment notice automatically gets sent to you once the NOA is generated
zyggyNot TellingCanada2007-01-12 11:56:00
Removing Conditions on Residency General DiscussionINS sucks!!

I don't know if there is a reason or not. They just called us. I applied to the Vermont Service Center.
I don't want to scare anybody, but there were a bunch of other couples that morning for the interview, so I'm not sure if there is only a small percentage. I assume because we were part of that Pilot program that gave me the GC in 3 months after applying that we got called back for another interview. The officer said something along those lines, kind of like three months wasn't enough to determine if the marriage was real, so we had to be reviewed.
Anyway, I'll go to a lawyer soon. I'll keep you guys posted.

Good luck everyone!

A.



Ok.. so you were one of the first people who got a GC without interview... It makes sense that they would call you for one at this time...
zyggyNot TellingCanada2007-01-11 09:19:00
Removing Conditions on Residency General DiscussionINS sucks!!

I am sorry to hear that. Can you please let us know what service center is that??? It will help people to prepare.

I heard interviews are rare; what is the reason they needed an intervies?



Sometimes there is no reason.. they randomly select a certain percentage for interview as a quality control measure...
zyggyNot TellingCanada2007-01-09 09:45:00
Removing Conditions on Residency General DiscussionINS sucks!!

I am really sorry this happened to you.
when did you go on vacation and how long were you on vacation for, and when was the letter for the interview dated by?? i think they usually send them at least 3 weeks before the interview date

Oh, I'm sorry. Isn't it crazy? What are your options now? Re-apply for I-751? Is that possible?



I would probably file a motion to reopen the case... I'm surprised the officer didn't give you that option...
zyggyNot TellingCanada2007-01-05 15:40:00
Removing Conditions on Residency General DiscussionNew Proposed Fee for I-751
In the past, fee increases have usually been from May 1 to June 1 or so... The publication of the initial rule has almost always been on February 1.

Edited by zyggy, 02 February 2007 - 01:21 PM.

zyggyNot TellingCanada2007-02-02 13:21:00
Removing Conditions on Residency General DiscussionTaxes and Removing Conditions...

Hi YuAndDan and Everyone Else,

Lol...I have thought about joint filing with my spouse, but there's one problem: my spouse doesn't file taxes, because of their situation (and yes, it's legal, but I can't get into the specifics of it here on VJ). So am I then to file my own taxes? Ugggh...Help....

Ant


Joint filing with spouse?



Umm the only reason why it would be legally correct to not file taxes is if your spouse made less than the minimum filing requirements...

Is this the case for you?... it is pretty rare that one does not have to file taxes...
zyggyNot TellingCanada2007-02-07 10:19:00
Removing Conditions on Residency General Discussioncopy of joint taxes
Six of one.. half dozen of the other...

We're sending transcripts... shows that the IRS actually received it...

They're free and you'll get them in about 2 weeks.. 1-800-829-1040

Edited by zyggy, 13 February 2007 - 11:57 AM.

zyggyNot TellingCanada2007-02-13 11:56:00
Removing Conditions on Residency General DiscussionI-551 Stamp

Hi All,

I submitted the I-751 packet for my husband at the end of January to Vermont Service Center. They cashed the check on 2/2/2007 and I received the FD-258 Fingerprint receipt. I have not received the NOA yet. After looking at the posts I see that Vermont is taking about 1-2 months to get the NOAs out.

My question is this. My husband's condtional residency expires beginning of April. I am trying to hold out in the hopes that the NOA will come within the next week or two. How long before my husband's card expires (assuming I did not receive an NOA) should I make the appointment through Infopass to get a I-551 Stamp to extend his status? When making the appointment through Infopass is there usually a 2-3 week wait or do they take you relatively quickly?

I just want to make sure I leave enough time for any mishaps.

Thank you all for your advice and guidance!



You have already done the important thing, file the I-751 before his 2 year anniversary of PR status. If you don't receive the letter by the time the card expires I would make an Infopass appointment at that time. It's not that important that you get the stamp before the card expires... just make sure that you get it before anytime that you would travel...
zyggyNot TellingCanada2007-03-01 10:48:00
Removing Conditions on Residency General Discussiontaxes..
Yeah.. they don't care if you owe the IRS anything... all they care about is if you filed it and that you filed as married...
zyggyNot TellingCanada2007-03-12 07:39:00
Removing Conditions on Residency General DiscussionDetroit / I-751
Interviews for Removal of Conditions are extremely rare... there is a pretty good chance that no one on here has had one...
zyggyNot TellingCanada2007-03-28 09:15:00
Removing Conditions on Residency General DiscussionConditional Green Card
There has never been the requirement for an interview after filing the I-751... it is almost always approved without interview...
zyggyNot TellingCanada2007-03-28 09:16:00
Removing Conditions on Residency General Discussionrequest of avidences
Well there's a few things you can do to get them jumping:

1) You can file for Citizenship, that will get their process moving...

other than that, you may want to make an Infopass appoimtment at the DO in case they called you for an interview and you never got the letter...
zyggyNot TellingCanada2007-04-06 12:26:00
Removing Conditions on Residency General Discussioni-751 rejected twice

hi, on her green card it says resident since, 06/07/05, card expires, 6/07/07.
Thanks. Karim.



90 days from July 6, 2007 is April 7, 2007.. I bet if you sent it in now, it wouldn't be rejected...

except for the fact that the card expires in June not July, right?..... doesn't it go Month/Day/Year



Hmmm.. you're going to make me go and take a look at my wife's GC aren't you... but I'm pretty sure it was day/month/year

Edited by zyggy, 06 April 2007 - 02:42 PM.

zyggyNot TellingCanada2007-04-06 14:41:00
Removing Conditions on Residency General Discussioni-751 rejected twice

hi, on her green card it says resident since, 06/07/05, card expires, 6/07/07.
Thanks. Karim.



90 days from July 6, 2007 is April 7, 2007.. I bet if you sent it in now, it wouldn't be rejected...
zyggyNot TellingCanada2007-04-06 12:24:00
Removing Conditions on Residency General Discussioni-751 rejected twice

hi all, i did, actually the copy of the green card is in front of me, the expiration is 06/07/2007. however, i just noticiced on the top of her green card it says,

"PERMANENT RESIDENT CARD".... Does this imply, she never got a conditional green card....

What does it say on your green card..... Again, she came in 06/07/2005 through k1 visa....

thanks for your response and help...

karim.


Ok this makes absolutely no sense... the resident since date on the GC would not be the same date that she entered the US unless she entered on an Immigrant Visa (CR-1). If she entered the US on a K visa, her resident since date would be much later when her AOS was approved.
zyggyNot TellingCanada2007-04-06 12:16:00
Removing Conditions on Residency General DiscussionI-751 to be filed soon, need to travel overseas
GC plus extension letter is used all the time... not a problem in regards to entry into the US...
zyggyNot TellingCanada2007-04-18 08:47:00
Removing Conditions on Residency General DiscussionHas anybody waited more then 12 months?

Hi, everybody! Can't be quiet any longer. My 1-year extension expired on April 21. Last Monday I had to do a 4-hour drive each way to get my passport stamped. Our I-751 has been pending for over 12 months now and still no result. Am I the only one who has to wait so long? :unsure:



If you want to force adjudication, file for CItizenship. That will get it moving.. If not, no big deal, I-751 is not a pressing issue for the DO's.
zyggyNot TellingCanada2007-04-26 12:24:00
Removing Conditions on Residency General DiscussionMailing the I-751

Kanadka,

Held all of the papers together with a binder clip and put them into an plain manilla envelope. Sent it Priority Mail ™ with Delivery Confirmation ™.

Yodrak

So I have all my documentation together and now all I need to do is mail it. Right now, I have everything dividing up and put into file folders. I also went to Target and bought a 10 pocket case to hold each file. Now I'm wondering if it's a good idea to mail the pocket case. If I do, it probably means I will need to send it in a small package/box. If I just send the file folders, I may be able to send it in a large, padded envelope. I know it's not that big of a deal either way, but I'm curious as to what most people did. Also, how did you send it - regular post with delivery receipt, registered, etc..?



I did the exact same thing... All papers were stacked together with a binder clip with the check on the top...
zyggyNot TellingCanada2007-05-02 08:16:00
Removing Conditions on Residency General Discussionextension letter

is the NOA1 the first letter they send you or do they send you somthing before letting you they recieved your application?



NOA1 is the first thing you'll get from them....
zyggyNot TellingCanada2007-05-08 11:52:00
Removing Conditions on Residency General DiscussionRemoving conditions- fees for children
If your children will be filing with you then it's $205 + $70 for you and an additional $70 for each of your children...

=$275 + $210 = $485

Edited by zyggy, 10 May 2007 - 12:18 PM.

zyggyNot TellingCanada2007-05-10 12:17:00
Removing Conditions on Residency General DiscussionNSC SUCKS!!!!!!!!!!!!!!

I noticed that NSC hasn't updated their processing times in almost 1 1/2 months. If there are any recent approvals lately does anyone know what dates? We've been waiting 7 months now and still nothing.


I assumed you have your Biometric done, right? I am sure you will get your 10-year card pretty soon. Chin up. :thumbs:




Vent away! We are still waiting for wife's AOS. Married November 2004. AOS packet received November 26, 2004. Transfer to California service center. No RFE's. Three I-131's approved. Three visits to h@ll NYC office. No help from congressman. No help from NYC s4cks service center. Waiting for FBI.........................bu%%SH*T!



Have you talked to a lawyer about filing an mandamus suit.. you look like a textbook case for one...
zyggyNot TellingCanada2007-05-02 21:23:00
Removing Conditions on Residency General DiscussionI-751 Processing Fees

Wow, NSC is quick. They cashed my check today - so it took about 5 days. Good thing I transferred cash from my other account! Let's hope they're that quick when it comes to approving my application!



Unfortunately no.. they're taking about 8 months right now...
zyggyNot TellingCanada2007-05-17 12:57:00
Removing Conditions on Residency General DiscussionFiled I-751 Today
Just an update ... we got the NOA and Biometrics Appointment Letter on May 21 with a Notice Date of May 1. The Biometrics Appointment is on June 6 in Detroit..
zyggyNot TellingCanada2007-05-22 07:56:00
Removing Conditions on Residency General DiscussionFiled I-751 Today
Just an update...

NSC got it on April 30 and the check was cashed on May 3. Pretty fast on getting the money... Now let's see how long it takes to get an NOA...

Edited by zyggy, 04 May 2007 - 07:32 AM.

zyggyNot TellingCanada2007-05-04 07:32:00