Received entire I-751 package back

[dcl766 0]

My USC friend called today and said they received their whole ROC package back saying that his step-daughter must file separately from her mother.

I haven't seen the letter yet but I know his wife and her daughter received their CPR cards at exactly the same time, so I know she is not outside the 90 day window as stated in VJ's guide:

7.4) ..How to we file for lifting of conditions for my K2 child?

A..If your K2 achieved permanent resident status at the same time as the K1, or within 90 days afterwards, then include them on the joint petition. If the K2 achieved permanent resident status more than 90 days after the K1, or if the parents are NOT filing a joint petition (due to termination of the marriage), the K2 will file their own I-751.

Until I see the letter I won't know for sure but can anyone tell me where on the I-751 instructions/form/or the USCIS website that backs up what it says in the guide? I know I have seen it before but I have looked and don't see it written anymore.

Thanks for your help!

Dave

[Jasman0717 9]

So they have to mail two different packets?

[dcl766 0]

So they have to mail two different packets?

Apparently yes. My friend is over right now and they got their entire packet back with a handwritten note on a form stating "child must file separately because they entered before the parent".

The note appears to be written by a five-year old, but other than that here are the facts:

-The K-1 parent and K-2 child entered the USA on the same day, 11/30/2004.

-The K-1 parent and K-2 child applied for AOS at the same time.

-The K-2 child was approved first (huh?) and her CPR card has a resident date of 01/18/2006.

-The K-1 parent was approved second (huh again?) and her CPR card has a resident date of 01/23/2006.

So the question is are they saying they have to file separate because the K-2 child received her approval before the K-2 and that the "within 90 days rule" only applies if she is approved after the K-1 parent or;

Whoever processed the application doesn't know what they are talking about and assumed since the K-2's card was issued prior to the K-1's that she also entered the USA prior to the parent and therefore must file separately?

Any suggestions would be appreciated!

Thanks, Dave

Edited December 16, 2007 by dcl766

[jsnearline 2]

If the expirations on the green cards are different then yes they need to file separately. It doesn't matter that they arrived in the US at the same time. What matters is when they were granted conditional residence.

[dcl766 0]

If the expirations on the green cards are different then yes they need to file separately. It doesn't matter that they arrived in the US at the same time. What matters is when they were granted conditional residence.

Thanks for your response!

I guess I could understand except why am I thinking this is just another money maker for the USCIS? I mean, they filed for AOS at the same time but the K-2 was approved first...how could that be? Isn't the K-2 a "supplement" to the priority K-1 application?

Either way I think USCIS isn't making sense...am I surprised? Absolutely not.

[jsnearline 2]

Is it possible since both petitions were sent together that the K2 was sent before the 90 day window opened for that one?

[dcl766 0]

Is it possible since both petitions were sent together that the K2 was sent before the 90 day window opened for that one?

No, the K2 expiration date is 01/18/2008 and the K1 expiration date is 01/23/2008 and the application was mailed to USCIS on November 3rd, 2007. Furthest amount of time would have been 82 days for the K1 filling.

Edited December 16, 2007 by dcl766