I-751 Petition to Remove GC Conditions Pending

[Jamesguamsi 1]

I have a friend who is filling his I-485 and I-130 who doesn't have a sponsor, can I sponsor him if my I-751 is pending and does that affect me negatively?

Thanks for anticipated response.

[zkt101 38]

As long as you meet the income requirement, but be aware USCIS might issue REF for your 10 year green card, thus delay your friend's application.

[EM_Vandaveer 2,408]

You can, provided that your income is above 125% of the poverty line for your household count +1 (the intending immigrant).

It will not affect you negatively.

As long as you meet the income requirement, but be aware USCIS might issue REF for your 10 year green card, thus delay your friend's application.

Why would they? There is no rule saying that conditional permanent residents cannot sponsor.

[Jamesguamsi 1]

Thanks guys, I feel better knowing it wouldn't after my application

[zkt101 38]

You can, provided that your income is above 125% of the poverty line for your household count +1 (the intending immigrant).

It will not affect you negatively.

Why would they? There is no rule saying that conditional permanent residents cannot sponsor.

Who said conditional green card holder cannot sponsor? Having said that, USCIS have the right to verify that the sponsor is legal resident, and is very likely to do so. If you failed to remove condition on green card, you are not legal resident, thus ineligible as a definition of a sponsor.

Edited June 8, 2016 by zkt101

[Jamesguamsi 1]

I submitted my I-751 ontime it's been pending for almost 2years. Had my final interview in Feb then Biometrics in March.

Waiting anxiously for their approval.

[EM_Vandaveer 2,408]

Who said conditional green card holder cannot sponsor? Having said that, USCIS have the right to verify that the sponsor is legal resident, and is very likely to do so. If you failed to remove condition on green card, you are not legal resident, thus ineligible as a definition of a sponsor.

Except he filed his I-751 thus did not fail to remove conditions.

OP, assuming you are still married to your USC spouse, you should file your N-400, that would force USCIS to adjudicate your I-751.

[zkt101 38]

Except he filed his I-751 thus did not fail to remove conditions.

OP, assuming you are still married to your USC spouse, you should file your N-400, that would force USCIS to adjudicate your I-751.

He neither fails nor completes his removal of conditional status. What if his I-751 drag on for another year, and his friends I-485 is approved pending the REF for the 10 year green card? There will certainly be a delay in the approval of his friend's AOS until proof of sponsor's legal residence is received.

[EM_Vandaveer 2,408]

He neither fails nor completes his removal of conditional status. What if his I-751 drag on for another year, and his friends I-485 is approved pending the REF for the 10 year green card? There will certainly be a delay in the approval of his friend's AOS until proof of sponsor's legal residence is received.

Where in the I-864 instructions does it say that conditional permanent residents can't sponsor? Conditional permanent residents are legal permanent residents therefore they can sponsor.

OP is a conditional permanent resident while his I-751 is pending, however long it is pending. Proof of his legal status is in the first year the expired GC & the one-year extension letter, after that an I-551 stamp in the foreign passport can be obtained through Infopass.

Edited June 8, 2016 by EM_Vandaveer

[zkt101 38]

Where in the I-864 instructions does it say that conditional permanent residents can't sponsor? Conditional permanent residents are legal permanent residents therefore they can sponsor.

OP is a conditional permanent resident while his I-751 is pending, however long it is pending. Proof of his legal status is in the first year the expired GC & the one-year extension letter, after that an I-551 stamp in the foreign passport can be obtained through Infopass.

I already answered your questions in detail.

Edited June 8, 2016 by zkt101

[EM_Vandaveer 2,408]

I already answered your questions in detail.

No, you have not.

OP IS a legal permanent resident, therefore he can sponsor. End of story.

You keep saying he needs a 10-year Green Card. He does not.

[Jamesguamsi 1]

Thanks for your responses, you guys are the best. My case has been pending for 2 years so I created a UCSC Service request, I received a mail yesterday indicating that my application was still pending and will receive a decision from USCIS within 120 days.

USCIS is committed to adjudicating immigration application in a timely manner, effectively and in the order it was recieved. We hope this information was helpful. My question is my case has been pending for 2 years already how much longer does it need to take?