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Ken and Inna

I sure could use some advice

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Filed: K-1 Visa Country: Ukraine
Timeline

My wife and step daughter came in under a K1 visa all went relatively fine up to entry. We filed for change of status on both of them at the same time, USCIS somehow managed to get their paperwork slit up and stuck in a endless loop, we had to contact our Senators office to get it straightened out, it turned out that my daughters paperwork was at USCIS in California and for some unknown reason my wifes had been sent to offsite storage. Finally with my Senators office prodding them they sent us our approval letters and green cards, however, the catch was that the green cards had different expiration dates, basically they said my wife was approved in May of 2007 and my daughter was approved in November....I just knew this was a problem waiting to happen the next time we had to deal with them. I called USCIS and talked to them for 3 hours without resoloution and called my Senators office and basically I was made to think everything was fine, the case is approve nothing more to do here.

Well two years later and I am applying for removal of conditions, what do ya know, they send my packet back to me and tell me that they can't apply together because their expiration date is more than 90 days apart...so basically they want me to file my wife and pay $545 and then my daughter later and pay an additional $545...this organization is either completely dysfunctional or a bunch of crooks. Has anyone had this experience? Any good advice on how to get this resolved? I do not think I should have to pay two fees because they can't or won't do their job with any degree of competence.

Thanks for any help you can give

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Filed: Citizen (apr) Country: Hungary
Timeline
I do not think I should have to pay two fees because...

Think again, my friend!

Two individuals, two cases, two application fees.

Since they were approved a few months apart, according to

that you have to file in two different dates.

Sorry...

I-751 Timeline

03-31-2008---Mailed I-751 Package to TSC

04-02-2008---NOA

04-09-2008---Transferred to VSC

05-06-2008---Biometrics

06-16-2008---Touched

08-05-2008---Touched

03-08-2009---Card Production Ordered

N-400 Timeline

03-11-2009---Mailed N-400 Package to Lewisville

03-20-2009---Letter Delivered

03-23-2009---NOA

04-24-2009---Request to FP Answered: NO FP NEEDED!!!

05-01-2009---Interview Letter Arrived

06-12-2009---Interview!!! (Rescheduled due to missing Driving Transcript...)

08-24-2009---2nd Interview - APPROVED!!!

09-30-2009---Oath Ceremony

US CITIZEN!!!!

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Filed: K-1 Visa Country: Philippines
Timeline

That is a bunch of B.S. they entered on the same date they should have same date on cards. but botipapa is right 2 different case to file fee.s and yes the corruption isnt just in countries outside usa they just hide it better here in the usa. good luck

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Filed: AOS (pnd) Country: Ukraine
Timeline

Ken -

I am having the same problem - read my post from the other day -(Advice Needed on I-751 Problem - Lawyer or Not?) - same kind of situation -

Entered together on K-1/K-2 etc -

Pisses the s--- out of me !

My wife (also from Ukraine as your wife) says at least in Ukraine you can confront the people that screwed up -

Good luck,

Paul

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Filed: K-1 Visa Country: Ukraine
Timeline

Maybe we need a class action law suit against USCIS to force them to stop these shady practices. If you file everything together and do your part correctly it is insane to have to pay for their blunders.

Ken -

I am having the same problem - read my post from the other day -(Advice Needed on I-751 Problem - Lawyer or Not?) - same kind of situation -

Entered together on K-1/K-2 etc -

Pisses the s--- out of me !

My wife (also from Ukraine as your wife) says at least in Ukraine you can confront the people that screwed up -

Good luck,

Paul

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Filed: Timeline

Nowhere does USCIS say it will process parent and child applications together. They are two applications and it is not uncommon for then to be approved at different time.

There is nothing you can do but pay the fee for both applications as others have to do. If it was a set of parents that were filing together they would have to each pay a fee and so should parent and child.

Everyone has to pay the fee set and yes it sucks and yes most feel they are being over charged for a poor service but it is "what is" if you want the benefits then saddly we have to pay for them.

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Kez/JWolf Nowhere does USCIS say it will process parent and child applications together

Here is the law. It says to me that the parent and child or children can all be on the same I-751 if the conditions are met, otherwise, they have to file separately.

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

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 )

Ken and Inna, I don't know why your files got processed the way they did. I thought your wife and step-daughter should be in the same file. It is probably too late, but you could have filed an I-90 to get another GC for your step-daughter due to USCIS error. No cost.

If you haven't returned the I-751, I would call the 800# and get and INFOPASS and explain the situation. I do not understand why they did not have the same dates on both GC's.

Good luck and let us know what is happening. Both my wife and step-daughter were issued GC's the same day and are both on the I-751.

Russian Fiancee - Moscow Embassy

1/27/06 Mailed I-129F to TSC and forwarded to CSC for K-1 & K-2 Visa

2/1/06 CSC received I-129F

2/7/06 Received NOA1 TSC

4/14/06 I-129F Approved

4/25/06 Received NOA2 TSC

5/12/06 Received at NVC

5/18/06 Mailed to US Embassy, Moscow

8/9/06 Physical Exams for K-1 & K-2

8/11/06 Interview Scheduled

8/11/06 VISA APPROVED

8/17/06 Visa Received

9/12/06 Flight from SVO

12/09/06 MARRIED

2/16/07 Mailed AOS, EAD, and AP

3/15/07 Biometrics scheduled (Had to Re-schedule)

3/22/07 Biometrics completed for K-1 & K-2

4/11/07 Received phone call from USCIS, Interview Scheduled, FBI check completed

4/16/07 AOS Interview, passed pending I-693A

4/16/07 Civil Surgeon completed I-693A, I-693A submitted to USCIS office

4/18/07 Notice mailed welcoming New Permanent Resident

4/19/07 Card production ordered for K-1 & K-2

4/25/07 2 Year Green Card Received dated 4/17/07

1/21/09 Mailed I-751 to VSC for K-1 & K-2

1/24/09 VSC Received I-751

1/31/09 I-797C, Notice of Action Received for Wife

2/20/09 Biometrics Letter Received for Wife, Appt 3/2/09 Completed

2/20/09 I-797C, Notice of Action Received for Step-daughter

2/24/09 Biometrics Letter Received for Step-daughter Appt 3/10/09 Completed

3/2/09 Mailed Wife's Passport to Houston for Renewal - Received 6/5/09

9/15/09 Interview at New Orleans Field Office

1/19/10 Eligible to file N-400 for Citizenship

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