751 Reject - Child's Green Card not same date as Mom

[Danny&Adri 1]

Mom and son entered US on a K1 and K2 visa on 10/15/06. After the marriage, we filed the 485 forms for both on the same day and in the same package. Both received their biometrics appointments on the same day.

The green card was sent for the son about 15 days prior to mom's. No big deal, so we thought...

We submitted our I-751 form and it was rejected and returned almost without comment, noting the check amount was wrong. We double checked the amount, called USCIS offices and talked with two different people ensuring us the check was right and that we should resubmit the paperwork with a letter asking a supervisor to review. We did.

Today, Saturday, we've received the rejection NOA and returned package again. They have noted that the child can only be included on the same I-751 form if the child received the green card "concurrent with or within 90 days after the parent." They want us to resubmit the forms again, with multiple I-751 forms.

Issue 1 - (minor considering) is there a way to appeal this. It doesn't seem 'fair' to me that I have to pay an extra $465.

Issue 2 - I'm concerned that this refiling will cause green cards to expire. For my wife and her job, is there something we can do to ensure all is still okay with her job.

Thanks for any thoughts or suggestions.

Dan

[Killer_Clown_2009 0]

I have heard of this before, but usually with the child being a CR 90 days after the parent. I just sent in my form, my green card expired on 05/14/2009 and my son's will expire on 08/29/2009, so I am fully expecting them to force me to file seperately for my son. All because of a two week difference in the 90 day period. I did send his biometric check seperately, just in case it somehow delayed me.

Personally I feel that it is a rip off, so if they do try to make me do that, I intend to contact my Senator's office and see if they can help me out. Seeing as my application probably won't be approved prior to my son's greencard expiring, I don't see any reason why they can't do them together.

[payxibka 10,047]

check should be for $625 ($465 fee + $80 + $80 biometrics)

You should be correct with a filing where the child is included

Edited May 16, 2009 by payxibka

[Killer_Clown_2009 0]

I really think that because the mother and child are within 90 days of each other, that the application should be accepted jointly. The dates ARE within 90 days of one another, even if the childs card came first. It really shouldn't matter. It sounds like they are nit picking to make some extra money.

I would contact your congressional office and see if they can straighten this out. That or send the application back in with a letter indicating that child and the mother are both in the 90 day period and you would like their application to be accepted.

Edited May 16, 2009 by jane2005

[Dakine 26]

Mom and son entered US on a K1 and K2 visa on 10/15/06. After the marriage, we filed the 485 forms for both on the same day and in the same package. Both received their biometrics appointments on the same day.

The green card was sent for the son about 15 days prior to mom's. No big deal, so we thought...

We submitted our I-751 form and it was rejected and returned almost without comment, noting the check amount was wrong. We double checked the amount, called USCIS offices and talked with two different people ensuring us the check was right and that we should resubmit the paperwork with a letter asking a supervisor to review. We did.

Today, Saturday, we've received the rejection NOA and returned package again. They have noted that the child can only be included on the same I-751 form if the child received the green card "concurrent with or within 90 days after the parent." They want us to resubmit the forms again, with multiple I-751 forms.

Issue 1 - (minor considering) is there a way to appeal this. It doesn't seem 'fair' to me that I have to pay an extra $465.

Issue 2 - I'm concerned that this refiling will cause green cards to expire. For my wife and her job, is there something we can do to ensure all is still okay with her job.

Thanks for any thoughts or suggestions.

Dan

It sucks but I wouldn't fight it. I'd send in 2 separate I-751s in the same envelope with 2 $545 checks. BE SURE you submit before your kids GC expires. Has to be RECEIVED at USCIS before GC expiration. NOT mailing date.

Edited May 16, 2009 by Haole

[Danny&Adri 1]

check should be for $625 ($465 fee + $80 + $80 biometrics)

Yep, that's the amount we had but it got sent back twice.

It sucks but I wouldn't fight it.

I'm going to "fight" it a little, at least call them and ask. Maybe call my Senator as jane2005 suggested. I think that will be mostly to gripe as I have little faith in the government's ability to actually give a flip.

However, I'm not going to risk it by letting the date get too close. I will probably end up sending the multiple forms and the extra $$$.

Edited May 17, 2009 by Danny&Adri

[payxibka 10,047]

check should be for $625 ($465 fee + $80 + $80 biometrics)

Yep, that's the amount we had but it got sent back twice.

It sucks but I wouldn't fight it.

I'm going to "fight" it a little, at least call them and ask. Maybe call my Senator as jane2005 suggested. I think that will be mostly to gripe as I have little faith in the government's ability to actually give a flip.

However, I'm not going to risk it by letting the date get too close. I will probably end up sending the multiple forms and the extra $$$.

I will be curious to the result as I will be doing this in September for my wife and kid....

[Danny&Adri 1]

I will be happy to keep you all informed as to what I find out and how it goes.

During this whole multi-year process the visajourney community has been so very, very helpful. Thanks to you all.

Edited May 17, 2009 by Danny&Adri

[Kathryn41 3,205]

Just out of curiousity - to whom did you make out the cheque? There was an application in a similar situation to yours earlier this year that was sent back and said the cheque was wrong even though the amount was correct. It turned out they had written the cheque to USCIS instead of US Department of Homeland Security. Could this be the problem with yours as well? It certainly should have been accepted for both mother and child as their green cards were approved within 90 days of each other.

[Killer_Clown_2009 0]

I'm glad you are going to fight it a bit. Like someone says it sucks. And you probably will have to fork out the extra cash, but it's good to go down fighting.

[Danny&Adri 1]

Check is made out properly to Department of Homeland Security.

Apparently child has to be within 90 days after mother and cannot be 90 days before; at least according to the response on the NOA. (They cited 8CFR Sec 216.4, but I do not even know where to look up this particular code reference to double check if they are correct.)

I called the USCIS this morning and got some person that just acted like a robot... not thought... just kept saying, well you've got to do what it says on the form. When I asked how to appeal, they said there is no appeal process because the application was never considered to have been received.

[JERIII 8]

Check is made out properly to Department of Homeland Security.

Apparently child has to be within 90 days after mother and cannot be 90 days before; at least according to the response on the NOA. (They cited 8CFR Sec 216.4, but I do not even know where to look up this particular code reference to double check if they are correct.)

I called the USCIS this morning and got some person that just acted like a robot... not thought... just kept saying, well you've got to do what it says on the form. When I asked how to appeal, they said there is no appeal process because the application was never considered to have been received.

Unfortunately, they are correct:

8 Code of Federal Regulations § 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

...

(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).

[Danny&Adri 1]

Update: Our plans are to:

• just pay the extra bucks and file separately (DONE.)
• once the conditions are removed, send inquiry to ??? to get response on why if mother and child file for green card in same "packet" that the child's was issued first, causing this problem,
• forward that response to our Senator attempting to get refund (HA HA - yeah, right!) and explain how we think the regulation is in error to see if it can be changed so future folks will not have this same issue.

Thanks to all for the input.