I-751 for removal of conditional status and must submit each individually

[nenescotty 0]

In 2011, my 3 children and I arrived in the USA on the the same day, 9/9/2011, under K1 & K2 visas. I then proceeded and married my fiancee. We then proceeded to file for individual adjustment of status I-485 for each child and me, and all forms were mailed together in the same envelope and all 4 scheduled biometrics were performed on the same day also. After the the I-485 was approved for me, 12/13/2012, it took over 105 additional days for USCIS to process and approve my childrens but theirs were approved approxiamately 105 day after, on the same day, 3/30/2013. Since this has happened USCIS will not allow me to petition my children on the same I-751 for removal of conditional status and must submit each individually. I know I am not an attorney but the children were not separated from their mother at any time during any of the processes but since USCIS for whatever reason could not process the childrens adjustment of status I-485 (conditional permanent resident card) within 90 days of my I-485 issuance. Does anyone know of this ever happening? When I called about this to USCIS the agent I was referred to me gave this statement, "the only issue disqualifying you from submitting your children is their CPR (conditional permanent residence) was not approved by USCIS within the required 90 days of my CPR." I asked if USCIS had approved it on the 89th day after my approval then would I be able to include my children, he stated, "yes." I know life is not fair but this does not seem logical to me since my children did not come to this country at a later date but we were all bought her together by my husband. Any insight on this issue I have would greatly appreciated. Thank you!

[Dave&Roza 748]

In 2011, my 3 children and I arrived in the USA on the the same day, 9/9/2011, under K1 & K2 visas. I then proceeded and married my fiancee. We then proceeded to file for individual adjustment of status I-485 for each child and me, and all forms were mailed together in the same envelope and all 4 scheduled biometrics were performed on the same day also. After the the I-485 was approved for me, 12/13/2012, it took over 105 additional days for USCIS to process and approve my childrens but theirs were approved approxiamately 105 day after, on the same day, 3/30/2013. Since this has happened USCIS will not allow me to petition my children on the same I-751 for removal of conditional status and must submit each individually. I know I am not an attorney but the children were not separated from their mother at any time during any of the processes but since USCIS for whatever reason could not process the childrens adjustment of status I-485 (conditional permanent resident card) within 90 days of my I-485 issuance. Does anyone know of this ever happening? When I called about this to USCIS the agent I was referred to me gave this statement, "the only issue disqualifying you from submitting your children is their CPR (conditional permanent residence) was not approved by USCIS within the required 90 days of my CPR." I asked if USCIS had approved it on the 89th day after my approval then would I be able to include my children, he stated, "yes." I know life is not fair but this does not seem logical to me since my children did not come to this country at a later date but we were all bought her together by my husband. Any insight on this issue I have would greatly appreciated. Thank you!

If you look at the section of who must file fior the I-751 instructions it clearly states that if the dependant children abtained conditional LPR status within 90 days of you doing so, you can include them in part 4. If not, you must submit a seperate I-751 for those children. I realize you should be able to file a single I-751 for everybody and save the $505 filing fee for the children, but the instructions are quite clear.

Good luck,

Dave

[Pitaya 2,577]

Due to the apparent USCIS mis-processing circumstances, I would suggest that you contact the DHS Ombudsman for possible assistance: http://www.dhs.gov/topic/cis-ombudsman

Good luck on your immigration journey.