Should I file I-751 separately? (from K-1 and K-2)

[rica30 0]

Hello!

My green card is going to expire on Sept. 21 so I am about to send out my documents for I-751 Petition to Remove Conditions on Residence. I came here with my daughter and she entered with a K-2 visa. She still hasn't gotten her Green card (long story) and we are working with a lawyer now for her adjustment of status.

My question is, do I need to file a separate I-751 for her? Or should I wait to file for her removal of condition until she actually gets a green card.

Right now, I only made an I-751 for myself and included our daughter's name/ information on the part they asked for "Information about your children" .

_____________________

One more thing,

If my GC expires on Sept. 21, what do I use as a form of ID here in the US? Just my passport then?

Thank you!

[Hypnos 6,576]

She cannot file for RoC until she is a conditional permanent resident. You cannot file her I-751 (jointly with yours, or separately by herself) until she has filed an I-485 and had it approved,

[lost_at_sea 995]

One more thing,

If my GC expires on Sept. 21, what do I use as a form of ID here in the US? Just my passport then?

Thank you!

Depends what you need the ID for. If you want to leave the USA and return and you're wondering what to use, you'll need both the expired GC and the NOA1 letter they will mail to you for RoC stating that your expiry date has been extended for 1 year. You can use the same combination of GC and NOA1 letter for work status approval, too.

[rica30 0]

She cannot file for RoC until she is a conditional permanent resident. You cannot file her I-751 (jointly with yours, or separately by herself) until she has filed an I-485 and had it approved,

That's what I thought... We are working with a lawyer on our 4-year-old daughter's status since it got a little complicated.

The same lawyer if offering to work on my papers "for free" but I would rather work on it without legal assistance. He called and was persistent to help and I was firm with my answer. However, he did mention that I must let the USCIS know that we are working on our daughter's AOS and show them a copy of the receipt etc. and that in my form I-751: (my lawyers email) -

"As we discussed on the phone, please note that, when you prepare the Form I-751, that on page 3 of the form (Part 4 Child 1 - Question 6 Is child applying with you?) you must answer this question Yes."

What should I do now? I'm so confused and I really prefer to work on my papers with the help of my husband and my fellow VJers.

[Hypnos 6,576]

IANAL, but I would answer that question "No" because the child is not applying for RoC, they're applying for AoS (if you are still in the middle of filing their I-485).

I'd suggest speaking to another attorney, and/or posting at http://www.avvo.com where you can get lawyer answers for free.

Edited September 5, 2015 by Hypnos