Regarding 'no reminder notice' from USCIS

[Knobby_Wheezer 0]

In the Guides at the clickable link that goes here http://www.visajourney.com/forums/index.ph...p;page=751guide there is a statement (apparently gotten from USCIS somewhere) that there will be no reminder of having to file an I-751. I have attached a pic (with necessary alterations). These few sentences were on a much larger sheet of paper, but I didn't upload the big blankness that was underneath.

The statement runs:

"At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition."

[v333k 59]

In the Guides at the clickable link that goes here http://www.visajourney.com/forums/index.ph...p;page=751guide there is a statement (apparently gotten from USCIS somewhere) that there will be no reminder of having to file an I-751. I have attached a pic (with necessary alterations). These few sentences were on a much larger sheet of paper, but I didn't upload the big blankness that was underneath.

The statement runs:

"At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition."

There are a variety of answers. Some people do get a notice, and others don't. USCIS clearly states that it is not their responsibility to remind you and it is your job to file for ROC. Not sure if you are asking a question or just stating some facts about this.

[Knobby_Wheezer 0]

Stating facts.

[TracyTN 237]

Agreed - I'd say your chances are about 50/50 as to whether or not you'll receive such a letter. I think the guide should stay as is unless/until the rate of folks getting the letter comes close to 100%. Not sure if that's what you were asking or?

[Bobby+Umit 161]

In the Guides at the clickable link that goes here http://www.visajourney.com/forums/index.ph...p;page=751guide there is a statement (apparently gotten from USCIS somewhere) that there will be no reminder of having to file an I-751. I have attached a pic (with necessary alterations). These few sentences were on a much larger sheet of paper, but I didn't upload the big blankness that was underneath.

The statement runs:

"At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition."

Curious - on the link provided by Captain Ewok to the USCIS - it states that above.

However, a quick check of the FAM Chapter 25 Petitions for Removal of Conditions on Conditional Residence shows this:

The Marriage Fraud Amendments of 1986 require that a conditional permanent resident be notified of his or her obligations under the law at specified points:

• At the time an alien acquires conditional permanent residence through admission to the U.S. with an immigrant visa or adjustment of status under section 245 of the Act, the Service shall notify the alien of the conditional basis of the alien's status. The Service will notify the alien of the requirements for removal of the conditions within the ninety days immediately preceding the second anniversary of the date the alien was granted status, and will inform the alien that failure to apply for removal of the conditions will result in automatic termination of the alien's lawful status in the U.S. This notification is done (either verbally or in writing) by the inspector or adjudicator who admits or adjusts the alien to conditional resident status .

• Approximately 90 days before the second anniversary of the date on which the alien obtained conditional permanent residence, the Service must (attempt to) notify the alien a second time of the requirement that the alien and petitioning spouse must file a petition to remove the conditional basis of the alien's lawful permanent residence. The notification will be mailed to the alien's last known address. However, failure on the part of the Service to provide notification (which can occur, for example, if the alien fails to notify the Service of a change of address) does not relieve the alien and the petitioning spouse of the requirement to file a joint petition within 90 days preceding the second anniversary date of the alien's conditional status. This notification is done on an automated basis by the Immigration Marriage Fraud Amendments System . (This system is known in some offices as IMFAS (“im-FASS”) and in others as MFAS (“MAY-fiss”).)

So this is probably a disconnect between policy and updating of their website.

[Knobby_Wheezer 0]

What's "FAM?"

[Bobby+Umit 161]

What's "FAM?"

Actually - that should be AFM

Adjudicator's Field Manual (Some references are Field Abjudicator's manual FAM)

It's the public version of the manual USCIS uses to look at immigration cases - interesting read.

Edited January 15, 2010 by Bobby+Umit

[TracyTN 237]

Curious - on the link provided by Captain Ewok to the USCIS - it states that above.

However, a quick check of the FAM Chapter 25 Petitions for Removal of Conditions on Conditional Residence shows this:

So this is probably a disconnect between policy and updating of their website.

Thanks so much for quoting the FAM. I could never find where it said that they wouldn't remind you - though I remembered that being their M.O. What you posted pretty much contradicts that, although it does seem that they are failing to do what they said they'd do (notify us) - at least in many cases.

I still think it's best to err on the side of caution and tell people in the guide here that they will NOT be reminded - unless and until they are willing to approve late filers whose excuse is they filed late because they did not receive a reminder from the Service.

Edited January 15, 2010 by TracyTN

[Bobby+Umit 161]

Thanks so much for quoting the FAM. I could never find where it said that they wouldn't remind you - though I remembered that being their M.O. What you posted pretty much contradicts that, although it does seem that they are failing to do what they said they'd do (notify us) - at least in many cases.

I still think it's best to err on the side of caution and tell people in the guide here that they will NOT be reminded - unless and until they are willing to approve late filers whose excuse is they filed late because they did not receive a reminder from the Service.

Concur - notice in the AFM statement - USCIS is careful to cover themselves that it's your problem if you don't get the notification...

[TracyTN 237]

[thongd4me 69]

Actually - that should be AFM

Adjudicator's Field Manual (Some references are Field Abjudicator's manual FAM)

It's the public version of the manual USCIS uses to look at immigration cases - interesting read.

I'm sure there are free copies available but these guys are trying to get a jump on that: Coming Attractions

[Bobby+Umit 161]

I'm sure there are free copies available but these guys are trying to get a jump on that: Coming Attractions

LOL - $150.00 for a resource that is free, online, updated when needed, and easier to search...