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Do I need to file to remove conditions?

By gringoconmexicana in Removing Conditions on Residency General Discussion

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gringoconmexicana Contributor

gringoconmexicana   2

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
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Hi. My wife was recommended for approval of a green card in January of 2009. The USCIS went ahead and lost that card for us, and has yet to send a replacement. In March 2009 the card was made, according to the E-mails USCIS sent me.

Now the USCIS is saying we need to apply to remove the conditions of the card they lost.

Does this sound right? If it is, it's going to cost us over $500, which we don't have and won't have any time soon.

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)
Hi. My wife was recommended for approval of a green card in January of 2009. The USCIS went ahead and lost that card for us, and has yet to send a replacement. In March 2009 the card was made, according to the E-mails USCIS sent me.

Now the USCIS is saying we need to apply to remove the conditions of the card they lost.

Does this sound right? If it is, it's going to cost us over $500, which we don't have and won't have any time soon.

They aren't asking you to "remove conditions on the card they lost", they're asking you to remove conditions on her conditional-LPR status which just happens to be the date on the first card... It should be the same date on the replacement card too, it should say "resident since" on it.

If you do not file for ROC in the 90 days before her 2 year anniversary of being a conditional LPR she will be given 30 days to leave the US, her LPR status will be cancelled. If she does not leave in the 30 days (unless you appeal it and of course pay the MANY fees associated there) she will be deported. You would have been told this when she got her GC. Either in the interview, or with the paperwork she received.

Edited by Vanessa&Tony

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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gringoconmexicana Contributor

gringoconmexicana   2

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted (edited)

They aren't asking you to "remove conditions on the card they lost", they're asking you to remove conditions on her conditional-LPR status which just happens to be the date on the first card... It should be the same date on the replacement card too, it should say "resident since" on it.

If you do not file for ROC in the 90 days before her 2 year anniversary of being a conditional LPR she will be given 30 days to leave the US, her LPR status will be cancelled. If she does not leave in the 30 days (unless you appeal it and of course pay the MANY fees associated there) she will be deported. You would have been told this when she got her GC. Either in the interview, or with the paperwork she received.

Thanks for the reply. Sounds like I'm going to have to pay the fee. I have no idea how that's going to happen, but I guess it has to. Then I'm sure the USCIS will lose the unconditional card as well or foul up something somehow. I don't trust that place at all. The whole immigration process with my wife has been a disaster.

Not that it matters, but USCIS never sent us any paperwork or a replacement card. All I've gotten are E-mails and a lot of crummy service over the phone and via InfoPass. They lost everything and have been giving us the runaround ever since. And, in the interview, all the lady said was she was recommending my wife for a temporary permanent resident card and that my wife hadn't yet been approved for that. She said nothing about what we'd have to file later. Of course, according to the E-mail I got from USCIS, we were approved that very day, not the day they sent the card to the printer and went ahead and lost it.

Oh, and I wouldn't have even got the info about needing to remove the conditions if somebody hadn't been nice enough to return said letter to the USCIS. You see, the USCIS originally sent that particular information to the wrong address.

If I thought it was going to be this big of a battle, we probably wouldn't have come here. I would have just become a Mexican citizen and only came to the U.S. to visit. Unfortunately, since coming back to the U.S., I've got myself a big fat piece of debt. If I ever pay it off, I'm going back to Mexico for sure.

Edited by gringoconmexicana
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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted (edited)

If I thought it was going to be this big of a battle, we probably wouldn't have come here. I would have just become a Mexican citizen and only came to the U.S. to visit. Unfortunately, since coming back to the U.S., I've got myself a big fat piece of debt. If I ever pay it off, I'm going back to Mexico for sure.

Sometimes we get wrapped up that we end up in debt... starting to think it's part of the american lifestyle. I recommend that you do as Vanessa says .. it's important that you pay the necessary fees to remove the conditions... EVEN if the GC was in your hand.. the ROC fees must be paid.

You can always file for bankruptcy if you think you're that behind.... seek a financial advisor if necessary.

All the best..!

Edited by RICARDO4EVA2

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted (edited)

For the $545.00 I-751 application, you will need to produce the $310.00 I-90. After all this time, I have doubts that the drones at USCIS will give you a replacement GC free of charge.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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gringoconmexicana Contributor

gringoconmexicana   2

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted

For the $545.00 I-751 application, you will need to produce the $310.00 I-90. After all this time, I have doubts that the drones at USCIS will give you a replacement GC free of charge.

I'm not sure what you mean by the I-90. Are you saying I need to have a copy of the green card, the I-90 application paperwork, or confirmation that the resident card was approved?

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Nordica Explorer

Nordica   0

Posted
Filed: Timeline
Posted (edited)

I'm not sure what you mean by the I-90. Are you saying I need to have a copy of the green card, the I-90 application paperwork, or confirmation that the resident card was approved?

You do need a copy of the card to file for ROC. However, if you do not currently have a card, I've been told they accept a copy of the USCIS receipt letter that says you applied for a replacement. So no, you won't get around filing the I-90 for the replacement card first. (And the extra $310.)

Edited by JustMeNow
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gringoconmexicana Contributor

gringoconmexicana   2

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
  • Author
Posted

You do need a copy of the card to file for ROC. However, if you do not currently have a card, I've been told they accept a copy of the USCIS receipt letter that says you applied for a replacement. So no, you won't get around filing the I-90 for the replacement card first. (And the extra $310.)

I have the receipt letter for the I-90.

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w8inglongtime Community Regular

w8inglongtime   29

Posted
Filed: Citizen (apr) Country: Ghana
 Timeline
Posted

I have the receipt letter for the I-90.

If have the receipt, then do what JustMeNow suggested earlier. You typically need a copy of the conditional green card to file I-751 but in your case, all you have is the I-90 receipt which is acceptable.

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