questions about removing conditions

[Cathi 5,746]

Hi Everyone,

It is time for us to remove conditions and I have a few questions.

1. On the form I-751 it asks to list children. I am the petitioner, do we list my children from my first marriage on the form? Or are they looking for names of children that we would be removing conditions for if we had any(we don't and it seems that is what they are asking but I want to be 100% sure).

2. We recently moved and bought a home, my name(the petitioner)is not on the mortgage as my husband(the beneficiary) applied for the mortgage on his own(we wanted to take advantage of first time home buyers program and grants as I have bought homes in the past before my hubby was here in the US). Should I still send evidence that he bought the home? (I am sending copies of joint insurance and utility bills from both the old address and the new home with both our names on it).

3. At our previous address we rented but we were tenants at will, no lease. I will get a letter from my former landlord stating the dates we lived there. I lived there for 2 years prior to my husband coming to the US. Should I have the landlord put the dates that my husband and I lived there together or the total time I rented both before and after he moved here(does that make sense?)?

Thanks everyone, I'm sure I'll be back with more questions later

Cathi

Edited August 9, 2014 by mimolicious

[Dave&Roza 748]

Hi Everyone,

It is time for us to remove conditions and I have a few questions.

1. On the form I-751 it asks to list children. I am the petitioner, do we list my children from my first marriage on the form? Or are they looking for names of children that we would be removing conditions for if we had any(we don't and it seems that is what they are asking but I want to be 100% sure).

2. We recently moved and bought a home, my name(the petitioner)is not on the mortgage as my husband(the beneficiary) applied for the mortgage on his own(we wanted to take advantage of first time home buyers program and grants as I have bought homes in the past before my hubby was here in the US). Should I still send evidence that he bought the home? (I am sending copies of joint insurance and utility bills from both the old address and the new home with both our names on it).

3. At our previous address we rented but we were tenants at will, no lease. I will get a letter from my former landlord stating the dates we lived there. I lived there for 2 years prior to my husband coming to the US. Should I have the landlord put the dates that my husband and I lived there together or the total time I rented both before and after he moved here(does that make sense?)?

Thanks everyone, I'm sure I'll be back with more questions later

Cathi

We also moved from AOS to ROC and I bought the house so only my name was on the title. You might check the purchase documents and see if they listed him on the Deed of Trust. I included that with our application. I only included items that had both of our names on it: bank statements from every quarter, credit card statements from every quarter, brokerage statements from every quarter, insurance with both our names on the statement, listing her as emergency contact, joint tax returns, learner's permit showing the same address as my DL. I did not bother with the old apartment lease or any of that. We did complete the AR-11 and I-865 for address change for her and myself and I included that proof.

Some of the bank statements had the old address, so I figured that was good enough to show we both lived there before moving to the house. If you have wills or medical power of attorney, or durable power of attorney, include that. I included her as beneficiary on life insurance and IRAs. I included boarding passes of trips we took together and a few photos of those trips. It was not as much as the original K-1 package, but it covered from day of marriage to day we submitted the application.

I sent it via next day with the USPS to the PO box and waived the signature requirement. It was processed very quickly compared to what I read here on VJ about a week or more. The check was cashed tthe next day and we received the NOA1 in 3 days. It is going to a PO box so why require a signature?

Good luck,

Dave

[Pitaya 2,577]

You ask a very good question. Actually, you also pointed out some of the "vagueness" of the 'new' Form I-751 and associated instructions. Looking at the form on page 3, Part 4, under the Information about your Children section, it does say to "List All Your Children (Attach other sheets if necessary)." Then later on Line 6 [12,18, 24, 30] asks if " Is child applying [for ROC] with you?" However, in the form instructions on Page 1, "Who May File Form I-751." it does mention that you should list dependent children who acquired conditional resident status (CRS) with you, and how to handle the processing for dependent children who acquired CRS after you. Based upon the vague instructions, I would only include those dependent children who acquired CRS with you and handle other dependent children who acquired CRS after you as described in the instructions. I would be inclined not to mention any children from a previous marriage.

Not trying to hijack your thread, just relating my own current confusion/issue with the same vague instructions and the new form. My (now 21 year old) stepson is listed in the same Part 4, Information about your Children section. He lives with us and is applying with us on this petition. However, looking over the 'new' I-751 form, I can't seem to find a place requiring my stepson's signature. Am I correct in assuming that his signature is not required on the petition? Like you, just want to be submit a complete petition. I am inclined to assume his signature is not necessary.

Heck, in a couple of years, perhaps both of our families will look back on this immigration journey with wonder. Wondering how we made it all happen? BTW, the new house looks great. If you are like us, the folks at the local Lowe's and Home Depot seem to know us on a first name basis.......

Good luck on your immigration journey.

Edited August 10, 2014 by A&B

[mymarriagejourney 113]

I didn't list my children from a previous marriage, even though they do reside with us on a shared custody basis.

Also, I would have your landlord state the entire length of the residence, and note when your husband moved in.

For the new house, I would provide homeowner's insurance or other such documents that show both of your names associated with the residence (you already have the utilities, it seems). Often, while the mortgage is in one person's name, the deed can still have both names on it.

Edited August 10, 2014 by mymarriagejourney

[Cathi 5,746]

We also moved from AOS to ROC and I bought the house so only my name was on the title. You might check the purchase documents and see if they listed him on the Deed of Trust. I included that with our application. I only included items that had both of our names on it: bank statements from every quarter, credit card statements from every quarter, brokerage statements from every quarter, insurance with both our names on the statement, listing her as emergency contact, joint tax returns, learner's permit showing the same address as my DL. I did not bother with the old apartment lease or any of that. We did complete the AR-11 and I-865 for address change for her and myself and I included that proof.

Some of the bank statements had the old address, so I figured that was good enough to show we both lived there before moving to the house. If you have wills or medical power of attorney, or durable power of attorney, include that. I included her as beneficiary on life insurance and IRAs. I included boarding passes of trips we took together and a few photos of those trips. It was not as much as the original K-1 package, but it covered from day of marriage to day we submitted the application.

I sent it via next day with the USPS to the PO box and waived the signature requirement. It was processed very quickly compared to what I read here on VJ about a week or more. The check was cashed tthe next day and we received the NOA1 in 3 days. It is going to a PO box so why require a signature?

Good luck,

Dave

Yes I am sending a lot of evidence with both our names, but my name doesn't appear anywhere on the deed or anywhere in any of the mortgage paperwork. We ave joint utilities from both addresses that I am sending, joint insurance. life ins with me as beneficiary, drivers licenses showing same address, car payment with both out names, bank statements, the list goes on.

[Cathi 5,746]

You ask a very good question. Actually, you also pointed out some of the "vagueness" of the 'new' Form I-751 and associated instructions. Looking at the form on page 3, Part 4, under the Information about your Children section, it does say to "List All Your Children (Attach other sheets if necessary)." Then later on Line 6 [12,18, 24, 30] asks if " Is child applying [for ROC] with you?" However, in the form instructions on Page 1, "Who May File Form I-751." it does mention that you should list dependent children who acquired conditional resident status (CRS) with you, and how to handle the processing for dependent children who acquired CRS after you. Based upon the vague instructions, I would only include those dependent children who acquired CRS with you and handle other dependent children who acquired CRS after you as described in the instructions. I would be inclined not to mention any children from a previous marriage.

Not trying to hijack your thread, just relating my own current confusion/issue with the same vague instructions and the new form. My (now 21 year old) stepson is listed in the same Part 4, Information about your Children section. He lives with us and is applying with us on this petition. However, looking over the 'new' I-751 form, I can't seem to find a place requiring my stepson's signature. Am I correct in assuming that his signature is not required on the petition? Like you, just want to be submit a complete petition. I am inclined to assume his signature is not necessary.

Heck, in a couple of years, perhaps both of our families will look back on this immigration journey with wonder. Wondering how we made it all happen? BTW, the new house looks great. If you are like us, the folks at the local Lowe's and Home Depot seem to know us on a first name basis.......

Good luck on your immigration journey.

Feel free to hijack my thread, I love to hear other's experiences. The form is VERY confusing, I understand why people get their packages rejected or request for evidence, I swear they try to confuse us on purpose.

Yeah Home Depot know us on a first name basis. as well.. Last week my husband fell off the roof trying to clean the moss that's growing up there, so now the paramedics know him on a first name basis too...hahaha.

I didn't list my children from a previous marriage, even though they do reside with us on a shared custody basis.

Also, I would have your landlord state the entire length of the residence, and note when your husband moved in.

For the new house, I would provide homeowner's insurance or other such documents that show both of your names associated with the residence (you already have the utilities, it seems). Often, while the mortgage is in one person's name, the deed can still have both names on it.

Yeah the deed doesn't have my name on it, it's a New Hampshire Housing Loan and they don't list the spouse on the deed like with a conventional mortgage.

[Dave&Roza 748]

Yeah the deed doesn't have my name on it, it's a New Hampshire Housing Loan and they don't list the spouse on the deed like with a conventional mortgage.

What about the "Deed of Trust" or the piece of paper that shows there is a loan on the property. My wife was not listed on the Deed but she was listed on the Deed of Trust and I printed that out to show that she lived and was financially responsible for the house until the loan is paid off. Most mortgage companies do that to avoid a surviving spouse from being able to say the house is theirs and yet the mortgage company has a lien against the other spouse's claim on the property. Worth a shot. I just did a Clerk of the Recorder search on our property and it came up.

Dave

Edited August 10, 2014 by Dave&Roza

[Cathi 5,746]

What about the "Deed of Trust" or the piece of paper that shows there is a loan on the property. My wife was not listed on the Deed but she was listed on the Deed of Trust and I printed that out to show that she lived and was financially responsible for the house until the loan is paid off. Most mortgage companies do that to avoid a surviving spouse from being able to say the house is theirs and yet the mortgage company has a lien against the other spouse's claim on the property. Worth a shot. I just did a Clerk of the Recorder search on our property and it came up.

Dave

as I said before, no where does my name appear on anything whatsoever in all of the mortgage, deed or loan paperwork. Nothing

[tuckin14 58]

I would make sure to explain why your name is not on the home purchase/loan documents.

USCIS is interested in substance more than form. If there are 20 things they would look at, and you have 2 you don't have and have a plausible reason, I think you'll be fine. It's when you have 2 and have a "plausible" reason for the other 18 that you're likely to be in trouble.

[imse82 45]

Like other mentioned I wont worry about the mortgage papers just make sure to provide other evidences focus on checking/saving account statements and utility bills that show both of your names if you have any. If they ask about the mortgage (most likely they won't) tell them why your name is not on the papers and it will be fine.