Who fills out I-751?

[JLN7124 0]

This may seem like a dumb question but I'm not sure if just my husband should fill this out (he is applying for the residency) or if I'm required to fill one out as well since we're filing jointly? Thanks.

[John24689 0]

The non-immigrant (GC holder) fills out the form and the USC signs it under the non-immigrant's signature.

[lucyrich 20]

Assuming the couple is still married, it will be one jointly filed petition. You'll both sign it with your original signatures. As to who fills in each of the blanks, and who prepares the supporting evidence, it's the same as when you file a joint tax return. You can give the job to the spouse with the most aptitude, or the one who hasn't cooked dinner this week, or the one who dislikes paperwork the least, or the one who feels it's most important. Or you can share the job, splitting it up however the two of you like.

[lucyrich 20]

Oh, but one additional point. As you read the I-751, the words "You" and "Your" always refer to the immigrant, not to the USC spouse.

[cherr1980 1]

A green card holder is an immigrant.

A tourist is a non immigrant.

It is the GC holder responsability to file the I-751 regardless if is going to be a joint filing or not. Who fill it up is up to you, one can fill it up and the other can review to be sure is accurate. The most important part is that you both most sign it (if it's jointly) and you INCLUDE the necesary evidence, whithout that is an incomplete package.

The non-immigrant (GC holder) fills out the form and the USC signs it under the non-immigrant's signature.

[John24689 0]

Point to be made. The K-1 and K-2 are non-immigrants and not immigrants.

One reference is on the instructions for the I-129F. Filing Limitations on K Nonimmigrant Petitioners

Immigrants come into the US on their own through other procedures. K's are Nonimmigrants.

Someone correct me if I am wrong, but I don't think so. I learned this a few years ago and then knew the difference.

[lucyrich 20]

Point to be made. The K-1 and K-2 are non-immigrants and not immigrants.

One reference is on the instructions for the I-129F. Filing Limitations on K Nonimmigrant Petitioners

Immigrants come into the US on their own through other procedures. K's are Nonimmigrants.

Someone correct me if I am wrong, but I don't think so. I learned this a few years ago and then knew the difference.

Yes, someone on a K-1 or K-2 visa is technically a non-immigrant, but only until the day adjustment of status is completed. Once they are granted conditional LPR status, they are considered immigrants. See INA 101(15) and INA 101(20).

This thread is talking about removal of conditions. Removal of conditions is only done by people after they have received their conditional green card. Such a person would be an immigrant.

[John24689 0]

lucyrich, thanks for the clarification.

[JLN7124 0]

Thanks for the quick answers

[NickD 203]

Technically anyone can fill out the form, can even pay an immigration attorney to fill it out, but since there is a zillion dollar fine and life in prison, the person signing it better make darn sure all the information is correct. If an attorney fills it out a CG-28N goes along with it. My attorney told me was no advantage for us to have him fill it out, matter of fact as screwed up as the USCIS is with the I-751, felt it he didn't want any part of it, but he checked ours over for free.

"I certify, under penalty of perjury of the laws of the United States of America, that this petition and the evidence submitted with it is all true and correct. If conditional residence was based on a marriage, I further certify that the marriage was entered in accordance with the laws of the place where the marriage took place and was not for the purpose of procuring an immigration benefit. I also authorize the release of any information from my records that the U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit sought."

Both the conditional card holder and the spouse sign below the above statement. As the USC spouse, I filled out the form since I spent a lot of time in the military, working with the IRS, EPA, DNR, DOT where you couldn't if blow your nose before filling out a form. But my wife read the contents on a printed out copy very carefully, and we both wondered if I forgot to dot an "I" or cross a "T", if we could share a prison cell together.

We did have problems with this section:

"Part 5. Information about your children. List all your children."

It's not all of your children, only the child that came with the parent and also received the conditional card. We were equally concerned if our conditional card daughter would also be included. Oh, we also sent in any evidence we had on her, like her grade transcripts and a copy of her driver's license that showed she shared the same address as ours. We didn't have much more than that.

Our attorney advised us to carefully organize our evidence as loose sheets can get lost, so we made subfolders, by memory.

Cover letter, listing applicants with full names and alien numbers and the enclosed evidence.

Copies of Permanent Resident Cards (Wife's and daughters

Joint Taxes

Joint Property.

Joint Banking

Joint Insurance

Joint Miscellaneous like photos, driver's licenses, anything that showed we shared a common address, this included our daughter, and family photos. Tossed in a color copy of my Veteran of Foreign War ID card for the fun of it.

All in a single binder and we also highlighted all the key information showing the names and addresses.

While the USCIS did indeed misplace our application, with the aid of our senator, they did find it, but did not lose sheets of evidence, this has happened to friends of ours. Lack or loss of evidence was not our problem.

And of course, the USCIS does not contact you if you forget to send in your I-751, nor do they contact you if they misplace your file, but will contact you if they have your file, but misplaced some of your loose sheet evidence.

Part 1. Information about you. Applies to the conditional green card holder along with all the questions.

We realized our entire future of living and working together depended on filing the I-751 accurately