Lifting of Conditions for K-2

[sunandmoon 450]

my wife received her green card in Sept 07, so will be able to file to lift conditions in June. Our daughter was not issued her green card till 7 weeks after my wife. My question is can we file a joint petition with our daughter in June or would we have to wait till the 90 days before the expiration of our daughters green card to file a joint petition? anyone who has had a similar situation?

[YuAndDan 153]

The K-2 is included in this removal, when they remove conditions is based on their parent, not on the expiration of the K-2's green-card.

So add the child to the application add $80 additional for the child's biometric.

MORE: http://www.uscis.gov/files/form/I-751instr.pdf

Edited June 2, 2009 by YuAndDan

[sunandmoon 450]

Thanks YuandDan

from VJ:7.4) ..How to we file for lifting of conditions for my K2 child?

A..If your K2 achieved permanent resident status at the same time as the K1, or within 90 days afterwards, then include them on the joint petition. If the K2 achieved permanent resident status more than 90 days after the K1, or if the parents are NOT filing a joint petition (due to termination of the marriage), the K2 will file their own I-751.

since our daughter's GC was issued within 90 days of my wife, I knew she could be included in the joint petition. I just wasn't sure if we could do it in June or had to wait till the 90 days before daughter's GC expired.

thanks again.

[Killer_Clown_2009 0]

There is a question on the I-751 form where you list children of the applicant. It's Part 5 (List all your children). Put the child's name and A # in there and include an extra $80.00 for the biometrics. Make sure you include a copy of the child's green card with your evidence. That's all you need to do.

Edited June 3, 2009 by Killer_Clown_2009

[Killer_Clown_2009 0]

Sorry, I didn't quite read your question correctly. I hope someone else can give you the correct answer.

[Immigrant2009 0]

There is a question on the I-751 form where you list children of the applicant. It's Part 5 (List all your children). Put the child's name and A # in there and include an extra $80.00 for the biometrics. Make sure you include a copy of the child's green card with your evidence. That's all you need to do.

Hi Killer_Clown_2009,

Please don't answer the question If you don't know it or didn't understand the question. No advice is better than Bad/Wrong advice. Hope you didn't mind it.

Thanks

Edited June 3, 2009 by Immigrant2009

[sunandmoon 450]

found this on the USCIS website:

§ Sec. 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). (Amended 5/23/94; 59 FR 26587 )

perhaps this wording could be included in the VJ guide. then again, maybe I'm the only one confused as to the date could file when child has different green card issue date.

[Killer_Clown_2009 0]

There is a question on the I-751 form where you list children of the applicant. It's Part 5 (List all your children). Put the child's name and A # in there and include an extra $80.00 for the biometrics. Make sure you include a copy of the child's green card with your evidence. That's all you need to do.

Hi Killer_Clown_2009,

Please don't answer the question If you don't know it or didn't understand the question. No advice is better than Bad/Wrong advice. Hope you didn't mind it.

Thanks

Excuse me, but I didn't give wrong or bad advice (I'll leave that to you). Please tell me how my instructions are "wrong" or "bad". That is exactly how you fill out the form if you are adding in a child who needs their condtions removed.

Edited June 4, 2009 by Killer_Clown_2009

[Killer_Clown_2009 0]

Thanks YuandDan

from VJ:7.4) ..How to we file for lifting of conditions for my K2 child?

A..If your K2 achieved permanent resident status at the same time as the K1, or within 90 days afterwards, then include them on the joint petition. If the K2 achieved permanent resident status more than 90 days after the K1, or if the parents are NOT filing a joint petition (due to termination of the marriage), the K2 will file their own I-751.

since our daughter's GC was issued within 90 days of my wife, I knew she could be included in the joint petition. I just wasn't sure if we could do it in June or had to wait till the 90 days before daughter's GC expired.

thanks again.

You could try filing in June and send in one check for $625.00. If they won't process the application, because the daughter's 90 day window is not open yet, then they will return your package and check, because it is not in the right amount. Based on the instructions, I would guess that it is ok to file based on your spouses 90 day window or they would have added in something about waiting for the child's 90 day window.

[Immigrant2009 0]

There is a question on the I-751 form where you list children of the applicant. It's Part 5 (List all your children). Put the child's name and A # in there and include an extra $80.00 for the biometrics. Make sure you include a copy of the child's green card with your evidence. That's all you need to do.

Hi Killer_Clown_2009,

Please don't answer the question If you don't know it or didn't understand the question. No advice is better than Bad/Wrong advice. Hope you didn't mind it.

Thanks

Excuse me, but I didn't give wrong or bad advice (I'll leave that to you). Please tell me how my instructions are "wrong" or "bad". That is exactly how you fill out the form if you are adding in a child who needs their condtions removed.

I have a feeling you love to pick on me for some reason. Can you please tell me what is it. I don't respond to a thread i have no clue about. Where folks share theories, idea i also share mine, but as far answering is concerned, I try not to do it.

I put myself in the shoes of PO/person asking the question always, I have been doing that. So If today I gave some one bad advice tomorrow someone will do the same to me.

"What goes around, comes around".

So please, let's not do this. You have picked on me in 2-3 threads and I don't mind it, but I have a feeling you have something against me, which I am eager to know.

Thanks

[vjb 1]

You can apply within your wifes 90 day window so long as your childs GC expires within 90 days of hers. You do not have to wait for your childs 90 day window.