removal of conditions with kids

[litlemo-nosleep 0]

Hi All,

Its been a while since i've been on here but here's hoping i can get some much needed help again.

I am about to mail my I-751 to remove conditions, my 2 year gc runs out next month...yeah left it late again....

My question is....my 2 children came to the USA at the same time as me we filed paperwork at same time but they weren't approved till a few month after me...therefor their greencards dont expire till march 09,

I read somewhere that i could still file for removal for them at the same time as my I-751...can anyone confirm this and supply info on how to do it, or have i been a pure airhead and miss read somthing, and its not possible to do this?

Any help would be greatly appreciated

Many thanks, Litlemo

[Buttons 0]

I thought I read on the site if the gc were approved within 30 days of yours you could include them on your I-751 if not they need to file seperately

[sjoefl01 1]

I thought it was 90 days

[chuckb 0]

I thought it was 90 days

Either 30 days or 90 days is crazy. You should be able to file it all at the same time. Particularly since if you don't file together, you have to explain why you are filing for the children on a different petition. I think I would try to file it all together and then explain the situation if they have any questions. It's really the USCIS's fault not yours.

I don't know about you, but donating an additional $485 to the government to file an I-751 for the kids would not make me happy. Your records should show that you all filed together before, and therefore should be able to file together now.

All I can find on the USCIS site is that you need to file within 90 days prior to your Conditional Status expiring. It really doesn't say anything specific about when the derivates should file. Rightfully so if you filed the I-485's for them concurrently you should have all gotten the GC's together.

I think you fall into a "special" case. That's just not right.

Anyone have any better ideas? Mine were all together, so no problem. I can only offer an opinion...

[NickD 203]

From the I-751 instructions:

"Conditional Resident Children.

In Part 5 of this petition, please make sure to include any conditional resident children applying with you in order to havetheir conditional basis removed, or they may file separately.Please remember to provide their A-number."

"If you are a child filing separately from your parent, also submit your petition with a full explanation as to why you are filing separately, along with copies of any supporting documentation"

"All the information provided on this form, including addresses, are protected by the Privacy Act and the Freedom of Information Act. This information may be released to other government agencies. However, the information will not be released in any form whatsoever to a third party who requests it without a court order, or without your written consent. In the case of a child, the written consent must be provided by the parent or legal guardian who filed the form on the child's behalf"

Is the the information I can find regarding children of the conditional marriage, can somebody find anything else?

From the website for the I-751 form the only thing about children is:

"Special Instructions :

Note on Filing Fee:

Base petition fee plus $80 biometric services fee for all conditional resident applicants. Each conditional resident child listed under Part 5 of this form who is a dependent seeking to remove their conditional status, is required to submit an additional biometric services fee of $80, regardless of age."

For whatever reason, my step daughter's conditional green card came in 67 days later on my wife's, I did point that out in my cover letter and it went through with no problems.

Another fellow here where is daughter came in 94 days late was rejected, but I have no idea what he put in his cover letter.

In gathering proof that I was married to and living with my wife, I am the USC by the way, couldn't help but notice, they were not asking for proof that our daughter was living with us, did sent in a copy of her green card, in color, a copy of her driver's license, and her report card that had our address on it. Her name also appeared on our medical insurance card and auto insurance, so highlighted that as well, that is the only proof we had.

She did get a separate receipt with the one year extension notice, her biometrics appointment, and a letter from the USCIS indicating she was covered under her mother's application.

Can anyone find this 30 or 90 day rule in print anywhere on the USCIS site?

Another option offered in the I-751 instruction site is:

"

Use InfoPass to Make an Appointment.

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system,visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to setup your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office."

And put this question to them face to face, if you are lucky enough to get an officer that knows anything, or hire a really good family based immigration attorney. Did learn that some attorneys only deal with work visa's and the like and are not very good at family based laws or procedures.

My wife's last IO could barely speak English, wonder how she passed her citizenship interview?

[chuckb 0]

From the I-751 instructions:

"Conditional Resident Children.

"If you are a child filing separately from your parent, also submit your petition with a full explanation as to why you are filing separately, along with copies of any supporting documentation"

Is the the information I can find regarding children of the conditional marriage, can somebody find anything else?

Another fellow here where is daughter came in 94 days late was rejected, but I have no idea what he put in his cover letter.

Can anyone find this 30 or 90 day rule in print anywhere on the USCIS site?

This is what I was refering to earlier. I'd like to know why the 94 days guy was rejected. The instructions are not the law, I understand, but I'd like to see something in writing like you. Just to know for the sake of knowledge, if nothing else.

[sjoefl01 1]

Here is the law!!!

(2) Dependent children . Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751). (Amended 5/23/94; 59 FR 26587 )