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yaya

Should I include my child when apply for removing condition?

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My daughter applied seperately and received her conditional green card about 9 months' later than mine. I am about to apply for removing my condition but not sure if I can include her in my petition. Or she has to wait till 90 days before the expiration of her card to apply for I-751 seperately? If she has to file seperately, do we still submit those documents (my joint account with my husband, affidavite from two people, etc.) for her???

Thank you! ~YaYa

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Filed: Country: Belarus
Timeline

Your daughter must must file her I-751 separately 90 days before her card expires. Unfortunately 9 months difference in your and her Conditional Green Card is outside of the 90 day window that allows her to be included on your joint I-751. So she must file separately.

I would assume that you will most likely be issued your 10 year Green Card before she needs to file her own I-751. Since her residency is tied to you, a copy of your 10 year Green Card would be sufficient as evidence to lift conditions on her residency.

That is my opinion. We filed my wife's daughter together on our joint I-751, but her daughter's Conditional Green Card was issued within the 90 day window of my wife's Conditional Green Card.

"Credibility in immigration policy can be summed up in one sentence: Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave."

"...for the system to be credible, people actually have to be deported at the end of the process."

US Congresswoman Barbara Jordan (D-TX)

Testimony to the House Immigration Subcommittee, February 24, 1995

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As a note, you do have to put her name on your petition no matter what. But if she got her approval more than 90 days after you, they won't count her as being included in the application and she'll have to file her own I-751 90 days before her card expires (the second option on the application "I am a conditional resident child who was not able to be included on my parent's application" is the one she'd choose).

Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

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