step daughter now 21 yrs old

[Dakine 26]

Be sure to let us know how that phone call goes for you. I tried that and was told that under no conditions could 2 people get 2 green cards on one I751 with 1 fee. They don't care what the CFR says. They don't care what the instructions say. It aint gonna happen.

You have to pay an additional $80 biometric fee for the child.

[cooper 0]

Be sure to let us know how that phone call goes for you. I tried that and was told that under no conditions could 2 people get 2 green cards on one I751 with 1 fee. They don't care what the CFR says. They don't care what the instructions say. It aint gonna happen.

You have to pay an additional $80 biometric fee for the child.

I submitted a check for $625.00..included bio fee for both people. Just as it says to do on the I-751 instructions page.

[diadromous mermaid 36]

That's right.

See this,

TITLE 8 - ALIENS AND NATIONALITY

CHAPTER I - DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER B - IMMIGRATION REGULATIONS

PART 216 - CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS

216.4 - Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(a) Filing the petition(1) General procedures. Within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained permanent residence, the alien and the alien's spouse who filed the original immigrant visa petition or fiance/fiancee petition through which the alien obtained permanent residence must file a Petition to Remove the Conditions on Residence (Form I751) with the Service. The petition shall be filed within this time period regardless of the amount of physical presence which the alien has accumulated in the United States. Before Form I751 may be considered as properly filed, it must be accompanied by the fee required under 103.7(B) of this chapter and by documentation as described in paragraph (a)(5) of this section, and it must be properly signed by the alien and the alien's spouse. If the joint petition cannot be filed due to the termination of the marriage through annulment, divorce, or the death of the petitioning spouse, or if the petitioning spouse refuses to join in the filing of the petition, the conditional permanent resident may apply for a waiver of the requirement to file the joint petition in accordance with the provisions of 216.5 of this part. Upon receipt of a properly filed Form I751, the alien's conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.

(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 I751).

From CFR Title 8, 216.4

New update. I received a NOA today from the VSC. It says nothing about the daughter being 21 now and connot be included. It states they she cannot be included because according to section 216.4 of CFR8 she cannot be included because she didnt receive her conditional green card on the same date or within 90 days of her mother. Both went to the interview for the conditional card at the same time.

The daughters card was issued 12/20/06 and mothers card 12/26/06, are they telling me that because the daughters card was issued before my wifes that this is why she canot be included?

Her card was issued first and not on the same day or within 90 days of her mothers?

What should I do now?

[sjoefl01 1]

My first check was $625. It was returned for incorrect fee. When I submitted again I wrote 3 checks so they understoof the fees. 1 for the fee and 1 for each bio. That is when I got the letter that Cooper got saying that they had to have gotten the green cards within 30 days of each other. The third time I destroyed those checks and sent new ones. That was returned because they claimed the application did not have an original signature. That is when I called and they gave me the bad information. I sent the last application off and sent a copy of the package to my Senator. He opened an inquiry. That is when they lied to him. Now we have another NOA for my wife and still nothing for my stepdaughter. I am waiting a little while to see what happens when they schedule bio.

The problem is not the fees. The problem is that USCIS is incorrectly telling people that they can't file together because their green cards were granted more than 90 days apart from each other.

Be sure to let us know how that phone call goes for you. I tried that and was told that under no conditions could 2 people get 2 green cards on one I751 with 1 fee. They don't care what the CFR says. They don't care what the instructions say. It aint gonna happen.

You have to pay an additional $80 biometric fee for the child.

[cooper 0]

I called the customer service center today. They said that there should not be any problems if my stepdaughter arrived at the same time, she was not sure why they sent the application back. She told me to resend the same application, not a new one, with the same check, and to make copies of the I-94 when they first arrived in the US and also copies of all the approval notices we have during the process, I-485, I-765 and the letters received when we went to the interview for the conditional green cards stating that both were now LPR as of 12/26/2006. She said the typo for the issues date on my stepdaughters card of issue date 12/20/2006 should not have caused any problem. Also called the Kentucky Senators office in Louisville. They were very helpful. I faxed copies of the application and copies of green cards to them today. The case worker said she would call me back today and let me know if there was any other problem and told me not to worry, that all seemed in order and that the VSC made a mistake. If the Senator needed to get involved, he would do so immediately.

I'll let everyone know what happens. I am resending the application today overnight mail.

[sjoefl01 1]

Goof deal. Sounds like you are doing what you can anyway. Hopefully they will get on with it. I don't understand why they are kicking out these applications. It sure is frustrating. We are still waiting on the bio letters to see if they are straight with my stepdaughter.

[cooper 0]

Update today.

I had the KY Senators office get involved. They spoke with the VSC 5 times before the problem was fixed. Seems that in the computer system it showed my stepdaughters card being issued 5 days before my wifes. They said that since it was issued not on the same day or within 90 days after my wifes card that she could not be included on the I-751. I had to send copies of I-94 cards and K-1,K-2 visas with entry stamps and copies of all appointments showing they both arrived in the US together to the senators office and they faxed all to the VSC. The officer at the VSC finally figured out it was a typo on the stepdaughters card. The VSC said to send back the original I-751 to the attention of a special officer and the app will be processed asap. They also said that it didnt matter that she is 21 yrs old now as long as she entered the US with my wife and was under 21 at that time and that she can be included with my wifes I-751.