Jump to content
Jean77

Waiver for joint filing due to deceased spouse

By Jean77 in Removing Conditions on Residency General Discussion

 Share

13 posts in this topic

Recommended Posts

Jean77 Newbie

Jean77   0

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Hi everyone! I just would like to ask some infos from you. My case is about waiver in filing jointly the form i-751 or removal of condition. My husband is already deceased. Am I to file the form i751 any time without waiting for the 90 days window period? or i still need to wait for 90 days window to file it? im confused and needs to understand clearly what the statement says in the instructions for the form i-751 in item#2 in When should I file the i-751? i called the USCIS and what the agent there said i still have to wait for the 90 days even if im applying for the waiver. but then the statement in the instructions for this form says differently. I asked to speak for an immigration officer but they were not able to return my call. I hope you can help me if you have any ideas. Thank you.

Jean77 Newbie

Jean77   0

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
  • Author
Posted

Thanks for the response. I even tried to ask a lawyer and they said the same thing I dont have to wait for the 90 days. He said I can file anytime. But when I called USCIS about this, they answered me differently. Thats why I got confused. Thanks again for the response.

jolyn69 Enthusiast

jolyn69   28

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted (edited)
On 2/15/2017 at 0:27 PM, Jean77 said:

Thanks for the response. I even tried to ask a lawyer and they said the same thing I dont have to wait for the 90 days. He said I can file anytime. But when I called USCIS about this, they answered me differently. Thats why I got confused. Thanks again for the response.

Sorry for your loss.we are in the same boat.when my husband passed away last october  2015 i called also to USCIS to find out if i can file i 751 but the response are same as yours.But i ask help to this forum (visa journey) and people said that no need to wait 90 days before the 2 year GC expired.. I filed my I 751 last april  29 ,2016 and i got approved  Feb.13.2017.Now what i do now is to wait my 10 years GC on my hand..Good luck

Edited by jolyn69
jolyn69 Enthusiast

jolyn69   28

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
On 2/16/2017 at 6:51 PM, Jean77 said:

So you mean sis Jolyn69 you did not wait anymore for the 90 days window when you submitted it? Thanks 

yeah.i never wait the 90 days window.just prepare all your documents especially the death certificate of your spouse. and you  can  file your i 751.removal of condition if all your documents are ready and complete.

jolyn69 Enthusiast

jolyn69   28

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
13 hours ago, Jean77 said:

May I ask when was suppose to be your green card should expire? I meant the 2 year GC. Thanks

my 2 year GC expired last nov,5 2016 but because i am under waiver ( deceased spouse) i submit my application april 29 2016 after i collect all documents i needed.

jolyn69 Enthusiast

jolyn69   28

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
9 hours ago, Jean77 said:

THanks. Now at least I have an idea that I did understand it right and that someone had done the process. Thanks for the infos, I really appreciate it. 

your welcome.I got my 10 year GC today.Goodluck for your journey

  • 1 year later...
Nilay89 Contributor

Nilay89   14

Posted
Filed: Citizen (pnd) Country: India
 Timeline
Posted
On 2/16/2017 at 8:45 PM, jolyn69 said:

Sorry for your loss.we are in the same boat.when my husband passed away last october  2015 i called also to USCIS to find out if i can file i 751 but the response are same as yours.But i ask help to this forum (visa journey) and people said that no need to wait 90 days before the 2 year GC expired.. I filed my I 751 last april  29 ,2016 and i got approved  Feb.13.2017.Now what i do now is to wait my 10 years GC on my hand..Good luck

did you finally end up getting your GC?

  • 2 weeks later...
TBoneTX Grand Master

TBoneTX   46,373

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Count two posts earlier and read what she said.

----

Old thread is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...