Jump to content
nakhan1

Is I-751 a requirement for all US citizens filing I-130 for spouses

 Share

9 posts in this topic

Recommended Posts

Country: Pakistan
Timeline

Hello,

I am a US citizen (living in a Chicago suburb) and filed N-400 for my wife (from Pakistan) on March 13th, 2009. Yesterday (April 11th), she received the invitation for finger printing.

My question is.......Is I-751 (Petition to remove conditions on residence) a requirement for a US citizen filing for the spouse?

I don't believe I filed I-751 for my wife.

Is this going to cause a problem with my wife trying to get citizenship.

If so, can I file I-751 now?

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline
Hello,

I am a US citizen (living in a Chicago suburb) and filed N-400 for my wife (from Pakistan) on March 13th, 2009. Yesterday (April 11th), she received the invitation for finger printing.

My question is.......Is I-751 (Petition to remove conditions on residence) a requirement for a US citizen filing for the spouse?

I don't believe I filed I-751 for my wife.

Is this going to cause a problem with my wife trying to get citizenship.

If so, can I file I-751 now?

I-751 use to remove condition on permanent residency (GC has 2 years expiry date) if marriage less than two years but if it is more than two years of marriage USCIS gives 10 years GC. Have a look on GC card.

*IR-1 Visa* VSC

I-130 (IR-1):

07/22/2008: NOA1

02/17/2009: I-130 NOA2: Approved in 210 days from NOA1 date

I-129F (K-3):

08/11/2008: NOA1

02/17/2009: I-129F NOA2: Approved in 190 days from NOA1 date

<not pursuing I-129F petition further but NVC forwarded case to Consulate on 02/24/2009>

NVC Journey:

02/19/2009: NVC Received/Case number assigned for I-130

02/20/2009: DS-3032 sent by e-mail and 03/04/2009: DS-3032 sent by regular mail

02/26/2009: NVC received DS-3032 Choice of Agent selection

02/26/2009: DS-3032 accepted and AOS Bill Generated but not IV Bill

02/28/2009: AOS Bill Package received in mail

02/28/2009: Paid AOS Bill and IV Bill (as it was available) online

03/03/2009: Both AOS and IV Bill Show as Paid and Coversheet Printed

03/04/2009: Mailed I-864 and IV (DS-230) Packages

03/06/2009: I-864 and IV Packages Received by NVC and Scanned on 03/10/2009

03/13/2009: Case completed at NVC (in 17 working days from date NVC Received)

03/25/2009: Interview date assigned by NVC

US Consulate @ Mumbai, India

04/02/2009: Medical Exam (based on NVC e-mail for interview)

04/13/2009: Interview Packet Received from US Consulate

04/16/2009: Documents submitted at VFS office

[Classified]: Date of Interview

USA Journey

02/21/2009: Permanent Resident # Received (Ref: NOA2 of USCIS)

05/2009: POE

##/##/2009: Permanent Resident Card

##/##/2009: SSN

Love must be sincere............Roman 12:9

Link to comment
Share on other sites

Filed: Country: Philippines
Timeline

What is the category code on the card? (IR1, IR6, IF1...)?

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

Link to comment
Share on other sites

Critical information missing - is it safe to assume your wife has a valid 10-year PR/Green card?

Yes. The GC is good for 10 years. We have been married for 6 years (since 2003). The GC doesn't expire until 2015. There is nothing on the GC that states that it is conditional.

You are covered!

IR-1 10 year GCs are not conditional residence but are permanent residence and don't need to remove conditional status.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Colombia
Timeline
Critical information missing - is it safe to assume your wife has a valid 10-year PR/Green card?

Yes. The GC is good for 10 years. We have been married for 6 years (since 2003). The GC doesn't expire until 2015. There is nothing on the GC that states that it is conditional.

You are covered!

IR-1 10 year GCs are not conditional residence but are permanent residence and don't need to remove conditional status.

LOL, how can anyone call a ten year card "permanent"? Certainly reason to apply for USC, now that is permanent. Having that I-751 reminder hanging on my refrigerator door for 21 months was bad enough, 117 months is unthinkable.

Was also a reminder not only to share my life, but my possessions as well, but if a marriage does go sour, really don't need all that legal stuff, the state will make damn sure you share all of our possessions even though you are no longer sharing your life. But the USCIS doesn't know that, they have some strange idea, they are the only lawmakers in this country.

Not only to they forget about state laws, but also completely forgot what they put you through for the AOS and the I-751, especially that I-864. If anything nasty happens to your spouse that leaves them with a precondition, can get kicked off your health insurance policy and you can't even apply for Medicaid, what else is there? But with the N-400, the USCIS doesn't know a damn thing about you, so you start the entire process again.

But once it's over, it's over, including the I-864. Really not a very well thought out system, but that is the way it is. And trying to maintain a foreign passport while you are living here?

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline
But with the N-400, the USCIS doesn't know a damn thing about you, so you start the entire process again.

When you go for your N-400 interview they know everything about you. They have your entire immigration file infront of them, with all the information you have supplied to USCIS over the years.

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Germany
Timeline
Critical information missing - is it safe to assume your wife has a valid 10-year PR/Green card?

Yes. The GC is good for 10 years. We have been married for 6 years (since 2003). The GC doesn't expire until 2015. There is nothing on the GC that states that it is conditional.

You are covered!

IR-1 10 year GCs are not conditional residence but are permanent residence and don't need to remove conditional status.

LOL, how can anyone call a ten year card "permanent"? Certainly reason to apply for USC, now that is permanent. Having that I-751 reminder hanging on my refrigerator door for 21 months was bad enough, 117 months is unthinkable.

Was also a reminder not only to share my life, but my possessions as well, but if a marriage does go sour, really don't need all that legal stuff, the state will make damn sure you share all of our possessions even though you are no longer sharing your life. But the USCIS doesn't know that, they have some strange idea, they are the only lawmakers in this country.

Not only to they forget about state laws, but also completely forgot what they put you through for the AOS and the I-751, especially that I-864. If anything nasty happens to your spouse that leaves them with a precondition, can get kicked off your health insurance policy and you can't even apply for Medicaid, what else is there? But with the N-400, the USCIS doesn't know a damn thing about you, so you start the entire process again.

But once it's over, it's over, including the I-864. Really not a very well thought out system, but that is the way it is. And trying to maintain a foreign passport while you are living here?

As a LPR your greenccard expires, not your status. And you don't need your spouse to apply for a new greencard, just like you don't need your spouse to apply for citizenship if you've been a LPR for more than five years. I'm not sure about Medicare, but as a LPR I'm paying Social Security. And I know quite a few LPRs who have been living in the States for many years and who are doing just fine. They are even able to renew their foreign passports. ;)

With all that said, yes, citizenship has many advantages. But it's not something you must have (and you won't get called for jury duty as a LPR either ;) ). And for some people applying for American citizenship means giving up their old citizenship if their home country doesn't allow dual citizenship. You never know what reasons a person has to choose one way or the other.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...