File together or seperate?

[Karl and Olga 3]

Hopefully a veteran VJ'er can help me with this situation.

I married a wonderful woman from Ukraine in 2011 via K-1. She came to me with her two children - now my beautiful step children.

Filed all paperwork for AOS on time, but the kids applications got seperated from my wife's after an RFE (reason not important).

My wife received her green card on September 6th, 2012 and the kids were just approved yesterday January 15th, 2013 (card production ordered).

Here is my question: When it comes time to remove conditions for my wife (90-day period starts on June 8th, 2014) can I file for the kids removal at the same time? Their 90-day mark doesn't start until October 17th, 2015.

Has anyone had to deal with this situation before?

Any advice on this is greatly appreciated!!!

[bt1 42]

Hopefully a veteran VJ'er can help me with this situation.

I married a wonderful woman from Ukraine in 2011 via K-1. She came to me with her two children - now my beautiful step children.

Filed all paperwork for AOS on time, but the kids applications got seperated from my wife's after an RFE (reason not important).

My wife received her green card on September 6th, 2012 and the kids were just approved yesterday January 15th, 2013 (card production ordered).

Here is my question: When it comes time to remove conditions for my wife (90-day period starts on June 8th, 2014) can I file for the kids removal at the same time? Their 90-day mark doesn't start until October 17th, 2015.

Has anyone had to deal with this situation before?

Any advice on this is greatly appreciated!!!

The rules are quite simple: you cannot file 90 days preceding the date the green card was issued. So, if the children's issue date is different from their mothers, then they cannot file at the same time. Actually, you could wait to file for everyone together (90 days before the children's), but then you are risking having your wife out of status, and that's not a good thing. You will have to file separately, but that doesn't really matter, it's not a big deal!

[bigdog 376]

The rules are quite simple: you cannot file 90 days preceding the date the green card was issued. So, if the children's issue date is different from their mothers, then they cannot file at the same time. Actually, you could wait to file for everyone together (90 days before the children's), but then you are risking having your wife out of status, and that's not a good thing. You will have to file separately, but that doesn't really matter, it's not a big deal!

Rules

[Karl and Olga 3]

The rules are quite simple: you cannot file 90 days preceding the date the green card was issued. So, if the children's issue date is different from their mothers, then they cannot file at the same time. Actually, you could wait to file for everyone together (90 days before the children's), but then you are risking having your wife out of status, and that's not a good thing. You will have to file separately, but that doesn't really matter, it's not a big deal!

OK - so then I will have to pay $505 fee plus $85 biometric for my wife, then 4 months later I will have to pay $1010 plus $170 biometric for my kids - Is this correct?

If I was able to file them all together it would be just $505 (for Mom; kids would be free) plus $235 biometric ($85 x 3) .

So for me, it is a big deal.

[Gary and Alla 3,694]

OK - so then I will have to pay $505 fee plus $85 biometric for my wife, then 4 months later I will have to pay $1010 plus $170 biometric for my kids - Is this correct?

If I was able to file them all together it would be just $505 (for Mom; kids would be free) plus $235 biometric ($85 x 3) .

So for me, it is a big deal.

The children must have received their conditional resident status within 90 days of the mother or they have to file separately. We had a similar situation (reason not important, as you note) One of our sons did ROC with Alla the other had to do it separately.

When you file for the children you will pay ONE petition fee for the children and 2 biometrics fees. This is going to cost you an extra $505, you would pay the biometrics fees in any case. If the children are under age 13 there is no biometrics fee

When you file their separate I-751 be sure to include an explanation as to why you did not file their petition together with the mother or the petition will be rejected. Yes, you read that right. You MUST attach an explanation as to why you are following the rules. You must also attach evidence that the mother has had her conditions removed (or is in process of that) and that your marriage relationship to the mother is still in effect

[roytmini 0]

Hopefully a veteran VJ'er can help me with this situation.

I married a wonderful woman from Ukraine in 2011 via K-1. She came to me with her two children - now my beautiful step children.

Filed all paperwork for AOS on time, but the kids applications got seperated from my wife's after an RFE (reason not important).

My wife received her green card on September 6th, 2012 and the kids were just approved yesterday January 15th, 2013 (card production ordered).

Here is my question: When it comes time to remove conditions for my wife (90-day period starts on June 8th, 2014) can I file for the kids removal at the same time? Their 90-day mark doesn't start until October 17th, 2015.

Has anyone had to deal with this situation before?

Any advice on this is greatly appreciated!!!

I did ran into problem also... I file my stepson change in status way behind her mom but at the time of the interview K2 , we were told to file the lifting of condition at the same time... Part 5 of I71, prior to sending the application i called uscis and onfirm if i can file at the same time and the answer is Yes, i took the person id number and name just in case. I hope it will go through.

[Gary and Alla 3,694]

I did ran into problem also... I file my stepson change in status way behind her mom but at the time of the interview K2 , we were told to file the lifting of condition at the same time... Part 5 of I71, prior to sending the application i called uscis and onfirm if i can file at the same time and the answer is Yes, i took the person id number and name just in case. I hope it will go through.

Interesting since it goes against the instructions. Please keep us informed if you actually are able to lift conditions together.

Just to be clear, was the original AOS (green card) for your step son APPROVED more than 90 days after your wifes green card was approved. THAT is the crucial factor, NOT when you filed the I-485. What are the issue dates on the green cards? Are they MORE than 90 days apart?

Also, be aware that if a USCIS employee has given you wrong information, it does not change the law or requirements. They will not make an exception because someone there "told you wrong".

[roytmini 0]

Interesting since it goes against the instructions. Please keep us informed if you actually are able to lift conditions together.

Just to be clear, was the original AOS (green card) for your step son APPROVED more than 90 days after your wifes green card was approved. THAT is the crucial factor, NOT when you filed the I-485. What are the issue dates on the green cards? Are they MORE than 90 days apart?

Also, be aware that if a USCIS employee has given you wrong information, it does not change the law or requirements. They will not make an exception because someone there "told you wrong"

Why would the Immigration Officer tells us to do so if they lie, 2 interviews on 2 seperate occasions, 2 different person, same advice to file at the same time.... now if they don't know the rules then there is something wrong with their SYSTEM.

And when i called USCIS she put me on hold for a few minutes to check and then asked me if they both came at the same time and i answered YES and i explained that the Green card has different expiration date more than 90 days apart and replied main thing they came at the same time....

I send the copy of their passport arrival date at the same time.

[VanessaTony 3,567]

Why would the Immigration Officer tells us to do so if they lie, 2 interviews on 2 seperate occasions, 2 different person, same advice to file at the same time.... now if they don't know the rules then there is something wrong with their SYSTEM.

And when i called USCIS she put me on hold for a few minutes to check and then asked me if they both came at the same time and i answered YES and i explained that the Green card has different expiration date more than 90 days apart and replied main thing they came at the same time....

I send the copy of their passport arrival date at the same time.

For the same reason other people are wrong - they don't know or understand the rules. The form instructions are quite clear http://www.uscis.gov/files/form/i-751instr.pdf page 1. Sure I'd hope you're correct but most likely it'll be returned. Make sure you keep an eye on the expiration dates of your kids cards.

[Karl and Olga 3]

And when i called USCIS she put me on hold for a few minutes to check and then asked me if they both came at the same time and i answered YES and i explained that the Green card has different expiration date more than 90 days apart and replied main thing they came at the same time....

I send the copy of their passport arrival date at the same time.

Yes - please keep in touch with me, as I am VERY interested to hear if your ROC applications are approved (and I sincerely hope that they will be!!!).