Can't Trust USCIS

[raymaga 25]

Okay, here's the scenario and I need some advice as to what you would do in our situation.

I (K-1) became a CPR in December, 2004.

My daughter (K-2) became a CPR in February, 2006.

At my daughter's AOS interview (in February, 2006), the Officer doing the interview told us that I could add her name to my Removal of Conditions application (Form I-751).

I will be applying for the I-751 this September (3 months short of December, 2006), but my daughter won't have had her CPR status for the 2 years like you're supposed to.

I asked the Officer to clarify this for me, and she said, yes, I could add her to my application.

So, do I trust the USCIS Officer's advice and send in my application with my daughter's name added to it or should I just apply for her Removal of Conditions separately when she has been a CPR for 2 years (less the 3 months)? It would be nice to do both of them together if possible, but I don't want to hold up my application because I included my daughter.

It seems that every single Officer you speak to about any immigration issues, you'll get a different answer. Do they really know what they're talking about? I'm stumped as to what I should do.

[meauxna 15]

Did you read tamz' topic, current today, two lines down from yours?

http://www.visajourney.com/forums/index.php?showtopic=13946

I think your answer is there; there is also a link to the USCIS page that answers your question.

(you're wise to question what you heard)

[Yodrak 7]

raymaga,

What you should do is edit the advice you gave to tamz in the post that meauxna references.

Yodrak

Okay, here's the scenario and I need some advice as to what you would do in our situation.

I (K-1) became a CPR in December, 2004.

My daughter (K-2) became a CPR in February, 2006.

At my daughter's AOS interview (in February, 2006), the Officer doing the interview told us that I could add her name to my Removal of Conditions application (Form I-751).

I will be applying for the I-751 this September (3 months short of December, 2006), but my daughter won't have had her CPR status for the 2 years like you're supposed to.

I asked the Officer to clarify this for me, and she said, yes, I could add her to my application.

So, do I trust the USCIS Officer's advice and send in my application with my daughter's name added to it or should I just apply for her Removal of Conditions separately when she has been a CPR for 2 years (less the 3 months)? It would be nice to do both of them together if possible, but I don't want to hold up my application because I included my daughter.

It seems that every single Officer you speak to about any immigration issues, you'll get a different answer. Do they really know what they're talking about? I'm stumped as to what I should do.

[tamz 0]

raymaga,

What you should do is edit the advice you gave to tamz in the post that meauxna references.

Yodrak

huh? I'm lost now...

[Yodrak 7]

tamz,

You asked if your daughter could be included on your I-751 for removal of conditions. Raymaga replied in the affirmative. However, you had not provided enough information to answer either 'yes' or 'no'.

Ironically, if your situation is like raymaga's the answer is 'no', your daughter must apply independently.

Yodrak

raymaga,

What you should do is edit the advice you gave to tamz in the post that meauxna references.

Yodrak

huh? I'm lost now...

[tamz 0]

Ok, What additional info is needed to get the proper advice?

-my daughter entered the US on K-2 when I entered on K-1.

-my daughter was granted CPR same day as I was granted CPR.

-my daughter will be 9 years old when we remove conditions.

Any other info needed?

tamz

[Yodrak 7]

tamz,

You didn't mention either of these things in your post asking the question. You said she was a K2, but you didn't say when she entered or, most important, when she was granted LPR status.

Yodrak

Ok, What additional info is needed to get the proper advice?

-my daughter entered the US on K-2 when I entered on K-1.

-my daughter was granted CPR same day as I was granted CPR.

-...

Any other info needed?

tamz

Edited May 17, 2006 by Yodrak

[Sweetgirl 0]

tamz,

You didn't mention either of these things in your post asking the question. You said she was a K2, but you didn't say when she entered or, most important, when she was granted LPR status.

Yodrak

Ok, What additional info is needed to get the proper advice?

-my daughter entered the US on K-2 when I entered on K-1.

-my daughter was granted CPR same day as I was granted CPR.

-...

Any other info needed?

tamz

HI! You should defenetely include the name of your daughter in the I-751 application its a mandatory.

If you read the form I-751 ,there is a question in one of the paragraph of Part 5 there ,where you must name all of the children you have and if you don;t mention that you have kids in the application it will be considered that you;ve commited a fraud as you've made a false misrepresentation in the legal document.

There is no way that its gonna delay your case if you include the name of your daughter in the application!

Read the form I-751

Good luck!

Sincerely.

[raymaga 25]

I might have confused everyone with my original post.

My situation is not like Tamz because her daughter got her visa at the same time as her Mom and they both got the CPR status on the same day.

My daughter got her visa after me and got her CPR status a lot later than I did.

My question, I guess, was do I trust what I was told at my daughter's AOS interview by the Officer that I can include her on my Removal of Conditions application when my daughter won't have had her CPR status for two years (but I will have because I got my GC long before her)?

It didn't seem possible that I could apply for my daughter's Removal of Conditions when she only got her GC in Feb. 2006, but I was told that I could.

So, if you were me, would you go by the advice of the USCIS officer and add my daughter to my application or just do my own application now and do my daughter's after she has had her GC for 2 years?

WHY DO THOSE USCIS OFFICERS TELL PEOPLE INCORRECT INFORMATION?????? (And this wasn't on the misinformation hotline.... this was the Officer at my daughter's AOS interview).

[sparkofcreation 0]

I might have confused everyone with my original post.

My situation is not like Tamz because her daughter got her visa at the same time as her Mom and they both got the CPR status on the same day.

My daughter got her visa after me and got her CPR status a lot later than I did.

My question, I guess, was do I trust what I was told at my daughter's AOS interview by the Officer that I can include her on my Removal of Conditions application when my daughter won't have had her CPR status for two years (but I will have because I got my GC long before her)?

It didn't seem possible that I could apply for my daughter's Removal of Conditions when she only got her GC in Feb. 2006, but I was told that I could.

So, if you were me, would you go by the advice of the USCIS officer and add my daughter to my application or just do my own application now and do my daughter's after she has had her GC for 2 years?

WHY DO THOSE USCIS OFFICERS TELL PEOPLE INCORRECT INFORMATION?????? (And this wasn't on the misinformation hotline.... this was the Officer at my daughter's AOS interview).

Rayma,

I can't find where it was answered (maybe on Tamz's post--so you may want to look there), but: you can include your daughter *if* her AOS granted within 90 days of yours. Otherwise you file 90 days before her 2 years expires.

There is a box you will check on hers that says "I am a child who entered as a conditional permanent resident and I am unable to be included in a joint petition to remove the conditional basis of an alien's permanent residence (Form I-751) filed by my parent(s)."

You do include her in the part where it tells you to list all your children, obviously. But she won't be eligible for lifting conditions yet.

Hope that helps!

Edit: here it is: http://www.uscis.gov/graphics/howdoi/remCond.htm in the third bullet point of the first section.

Edited May 18, 2006 by sparkofcreation

[tamz 0]

Yodrak-

That info was in my timeline

tamz,

You didn't mention either of these things in your post asking the question. You said she was a K2, but you didn't say when she entered or, most important, when she was granted LPR status.

Yodrak

Ok, What additional info is needed to get the proper advice?

-my daughter entered the US on K-2 when I entered on K-1.

-my daughter was granted CPR same day as I was granted CPR.

-...

Any other info needed?

tamz

[Yodrak 7]

raymaga,

For the same reason that we VJ'ers do - we're well meaning and want to be helpful, but we don't always have the correct information.

I saw a post by an immigration attorney just this morning on the Usenet newsgroup < alt.visa.us.marriage-based > that I loved. Your question provides an excellent opportunity to quote it.

"I'm relying on the REGULATIONS which have the effect of LAW. You are quoting from INSTRUCTIONS, and from a notoriously unreliable

source at that." The source being the USCIS.

Yodrak

....

WHY DO THOSE USCIS OFFICERS TELL PEOPLE INCORRECT INFORMATION?????? (And this wasn't on the misinformation hotline.... this was the Officer at my daughter's AOS interview).

tamz,

Nice place for it.

But it wasn't in your post with the question, and the correct answer to the question depended on it.

Yodrak

Yodrak-

That info was in my timeline

tamz,

You didn't mention either of these things in your post asking the question. You said she was a K2, but you didn't say when she entered or, most important, when she was granted LPR status.

Yodrak

Ok, What additional info is needed to get the proper advice?

-my daughter entered the US on K-2 when I entered on K-1.

-my daughter was granted CPR same day as I was granted CPR.

-...

Any other info needed?

tamz

Edited May 18, 2006 by Yodrak

[raymaga 25]

raymaga,

For the same reason that we VJ'ers do - we're well meaning and want to be helpful, but we don't always have the correct information.

I saw a post by an immigration attorney just this morning on the Usenet newsgroup < alt.visa.us.marriage-based > that I loved. Your question provides an excellent opportunity to quote it.

"I'm relying on the REGULATIONS which have the effect of LAW. You are quoting from INSTRUCTIONS, and from a notoriously unreliable

source at that." The source being the USCIS.

Yodrak

....

WHY DO THOSE USCIS OFFICERS TELL PEOPLE INCORRECT INFORMATION?????? (And this wasn't on the misinformation hotline.... this was the Officer at my daughter's AOS interview).

Yodrak:

Boy, isn't that the truth!!!!!!

I think I've decided that there's no point in including my daughter on my application because, even if it were to get approved, I would forever be worrying that some day they would discover she didn't have her Conditional GC for 2 years and there would end up being some kind of negative consequence. So, I'll send mine in this summer and wait until later to send hers in separately.

Thanks for the input.

Rayma