Applying for removal but.....

[diana9199 0]

Hi all. Its been a long time since I have come here and I need some feedback on filling out I-751. Should we do a affadavit? If so, is there a place to get an affadavit form?

I was granted conditional residence on June 7/05. I have never received my green card. Its been half a year now since I contacted INS about this and I just spoke again with them. They stated a letter was sent but was not received. We moved across country 3 weeks later. Our neighbors were watching our mail to see if anything showed up. Nothing. Our change of address with the post office did not take effect until the end of June. I sent in a change of address once we arrived at our new place. I do have a letter to send in with my I-751 that I received from the INS yesterday since I don't have a card to photo copy and send in. This has been my only nightmare besides one trip on return at the airport.

Do we have to attend a meeting for the conditional to be removed?

Thanks,

Diana

[raymaga 25]

I'm not sure what kind of affidavit you are asking about. Do you mean an affidvait from friends that can state that your marriage is bona fide? They are not a necessity, they are simply one of the forms of evidence that you can use to prove you do indeed have a bona fide marriage. You can also use joint financial documents instead.

Why did you wait so long after being approved for your GC and then not receiving it, to contact USCIS? The GC is the only way you have of proving your status in the U.S. It is very important that you have the GC in your possession at all times.

Most people are not required to attend an interview for the Removal of Conditions, but some do. Usually, you just go for your biometrics, they take your picture and fingerprints, and the 10-yr. GC is sent to you in the mail. Occasionally, an interview is requested.

[eau_xplain 2]

One of the documents required to be attached to your I-751 (Removal of Condition) application is a photocopy of the front and back of the green card. You could have a problem if you did not get yours. Did you at least get a Welcome Letter or notice of approval? I don't know if it's worth to be more aggressive about getting your actual green card at this point since you are about to apply for removal of conditon. Hopefully someone else can give you better advice.

[diana9199 0]

I'm not sure what kind of affidavit you are asking about. Do you mean an affidvait from friends that can state that your marriage is bona fide? They are not a necessity, they are simply one of the forms of evidence that you can use to prove you do indeed have a bona fide marriage. You can also use joint financial documents instead.

Why did you wait so long after being approved for your GC and then not receiving it, to contact USCIS? The GC is the only way you have of proving your status in the U.S. It is very important that you have the GC in your possession at all times.

Most people are not required to attend an interview for the Removal of Conditions, but some do. Usually, you just go for your biometrics, they take your picture and fingerprints, and the 10-yr. GC is sent to you in the mail. Occasionally, an interview is requested.

I was told that they could be behind. I do have a letter from the conditional interview that states I was granted. At the bottom of the letter states 6-8 months to get your card. Between moving, my mother dying of cancer, my father dying months later, I just forgot about the Gc. I will have extra documentation to send with my I-751 to show I never received my Gc. Thanks all.

[tweety 1]

Here are some examples of affidavits for the evidence:

http://www.visajourney.com/examples/I-751_support.doc

Remember they are only examples of what people may write. Taylor the affidavits to reflect your own unique situation and circumstances.

[hcj 0]

You don't need a new affidavit of support -- the old one is still in effect until you become a citizen, earn 40 quarters of work, leave the US permanently, or die.

As for affidavit from friends attesting to your relationship -- that is optional. There has been discussion on this in the past, pros and cons, a search should turn up some relevant threads for you. My personal opinion is that it depends on what else you are sending. If your other evidence is very strong, IMHO there is no need to include affidavits. If your other evidence is weak, I think affidavits can help.

There is no affidavit form (no official one anyway) but you need to follow the instructions in I-751:

"The original affidavit must be submitted and also contain the following information regarding the person making the affidavit:

his or her full name and address;

date and place of birth;

relationship to you or your spouse, if any;

and full information and complete details explaining how the person acquired his or her knowledge."

Basically you have them write a letter with the above info and telling about how they have observed you interacting as a married couple or why they believe you are in a marital relationship. The affidavit letter should be notarized.

As for whether you will be called for an interview -- most are approved without interview, some are called for an interview.

[Abygail 0]

I know you mentioned having extra documents to include showing you never received the original greencard; if you haven't filed for the I-90, you might have time to still get the NOA from it to include with your I-751 submission. From recently looking at the instructions (you probably noticed my thread on my husband losing his gc), I also noticed a category that might apply to your situation:

If you are filing for the following reasons, the base application fee of $190 is not required. The biometrics fee of $70 is not required. Please note: These reasons are not available through the E-Filing system. Please review the Special Instructions if you are filing for these reasons.

My authorized card was never received.

Just a thought, and good luck!