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Help on Part 4 I-751 ROC

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Filed: Timeline

Hello,

My husband and I are filling out the I-751 and we have a question which is kind of silly, but we don't want to risk not doing it right.

In part 4 of the form, I, as the US citizen wife, need to fill out my name. Do I give my maiden name or do I use my married name? Thanks for any help!

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Hello,

My husband and I are filling out the I-751 and we have a question which is kind of silly, but we don't want to risk not doing it right.

In part 4 of the form, I, as the US citizen wife, need to fill out my name. Do I give my maiden name or do I use my married name? Thanks for any help!

Use whatever your legal name is. If you never legally changed your last name after marriage, then use your maiden name. If you did legally change your last name to your husband's last name (married name), then use that.

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  • 2 months later...

Quick question:

One the new i-751 application, are we to list children born in the US who do not require a ROC? It seems like they only want children listed who also need the ROC applied.

Am I wrong to infer this?

It says to list children. It does not state anywhere on the form that it only applies to those removing conditions as well. If you have a child, list them, regardless of their status.

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Filed: Citizen (apr) Country: India
Timeline

Quick question:

One the new i-751 application, are we to list children born in the US who do not require a ROC? It seems like they only want children listed who also need the ROC applied.

Am I wrong to infer this?

This part of the instructions are very clear - should add only those children, whose condition is being requested to be removed. You can read it it yourself at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Special Instructions :

Note on Filing Fee: Please include the base petition fee plus $85 biometric services fee for all conditional resident applicants. Each conditional resident child listed under Part 5 of this form who is a dependent seeking to remove their conditional status, is required to submit an additional biometric services fee of $85, regardless of age.

Do not send Change of Address Requests to the USCIS Lockbox facilities.

This page can be found at http://www.uscis.gov/i-751

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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This part of the instructions are very clear - should add only those children, whose condition is being requested to be removed. You can read it it yourself at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Special Instructions :

Note on Filing Fee: Please include the base petition fee plus $85 biometric services fee for all conditional resident applicants. Each conditional resident child listed under Part 5 of this form who is a dependent seeking to remove their conditional status, is required to submit an additional biometric services fee of $85, regardless of age.

Do not send Change of Address Requests to the USCIS Lockbox facilities.

This page can be found at http://www.uscis.gov/i-751

Maybe I'm wrong, but I interpret that paragraph as saying that if any of the children listed in part 5 are conditional residents and are removing their conditions, then an additional $85 biometrics fee needs to be included. To me, this paragraph is just about the biometrics fee and isn't actually stating that only conditional resident children are to be listed in part 5.

But, that's just my opinion...

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Filed: Citizen (apr) Country: India
Timeline

Maybe I'm wrong, but I interpret that paragraph as saying that if any of the children listed in part 5 are conditional residents and are removing their conditions, then an additional $85 biometrics fee needs to be included. To me, this paragraph is just about the biometrics fee and isn't actually stating that only conditional resident children are to be listed in part 5.

But, that's just my opinion...

With the old formed, I would disagree with you.

But with the new forms, it looks like you are right as there is a question "Is child applying with you?", which prevents any confusion that was with the old forms.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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With the old formed, I would disagree with you.

But with the new forms, it looks like you are right as there is a question "Is child applying with you?", which prevents any confusion that was with the old forms.

Even looking at the old form, it stated:

Part 5. Information About Your Children - List All Your Children

To me, that indicates, list them all, no matter their status. If USCIS wanted just the children that were removing conditions, then they would have specified that.

But, I understand the confusion though, as USCIS doesn't specify either that this means ALL children, regardless of status.

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Filed: Citizen (apr) Country: India
Timeline

Even looking at the old form, it stated:

Part 5. Information About Your Children - List All Your Children

To me, that indicates, list them all, no matter their status. If USCIS wanted just the children that were removing conditions, then they would have specified that.

But, I understand the confusion though, as USCIS doesn't specify either that this means ALL children, regardless of status.

Old form does not have the question "Is child applying with you?" but just "Living with you" and in few cases the applicants got RFEs asking for additional biometric fee for those children who do not require condition to be removed in the application.

When inquired, USCIS gave conflicting answers, and the consensus at that time was to ignore this part unless one has a child to get condition removed - it was a practice based on experience. Am glad that the new form removed this confusion.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

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Old form does not have the question "Is child applying with you?" but just "Living with you" and in few cases the applicants got RFEs asking for additional biometric fee for those children who do not require condition to be removed in the application.

When inquired, USCIS gave conflicting answers, and the consensus at that time was to ignore this part unless one has a child to get condition removed - it was a practice based on experience. Am glad that the new form removed this confusion.

Wow, weird. And as usual, sad that USCIS was never consistent with it. But glad that they seemed to fix that issue with this new form (hopefully).

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