Is I-751 all I need to file?

[rtheman 0]

Hi all,

So my wife has been carrying the Temporary Residence Alien card since Mar,2006 which means (according to rules of I-751 to file w/in 90 days of the card's expiration date) that we should file the I-761 during Dec'07 - late Feb'08... Is that how you all have been doing it?

and is that all we need to remove her conditions? Such that we fill out the forms, attached 2 passport photos, include the check ($275 total), send it certified mail to Vermont office, then finally hope for the best? Because right now we are talking to the same lawyer that prepared our case for Adjustment of Status and if I-761 is all we need, we can save a few bucks this time around.

Lastly, USCIS (just phoned them) said that one can apply for US citizenship after being a perm residence (even including the temp. res alien) for 3 years, one can apply for US Citizenship; does that mean we'd then file for another set of forms (N-400 I believe) around Mar'09?! Which means more money?

Thank you all in advance for your advice.

-Rich

[eau_xplain 2]

Rich,

Yes, the only Form you send in to apply for removal of conditions is the I-751. A lot of VJers applied on their own without using a lawyer. Just be sure to include all evidence of your marriage and conjoined lives (especially finances).

As long as your wife remains married to you, she is eligible to apply for citizenship 90 days before the 3rd anniversary of her green card. She doesn't have to apply for it if she does not want to. Or she can apply for it later if it's too soon for her. It's not mandatory at all.

[Kez/JWolf 6]

Hi Have a read of the guide.... it will tell you exactly how to file for lifting conditions.... its a little more than just filing the form but easy to do yourself...

http://www.visajourney.com/forums/index.ph...p;page=751guide

As for citizenship yes you can file 90 days before the 3rd anniversary of becoming a LPR...

Read this pinned post about becoming a citizen... http://www.visajourney.com/forums/index.php?showtopic=311

Hope this helps

Kez

[YuAndDan 153]

Yes to the first part, need to file within 90 days before the card's expiration.

Passport photos not needed for I-751, but keep in mind the fee will probably be much higher after the increases that are proposed go into effect, so the $275 is the fee now, not later.

http://www.visajourney.com/forums/index.ph...p;page=751guide

http://www.uscis.gov/files/article/04_08_02Photo_flyer.pdf (I-751 is not listed)

You have the time right for the soonest for naturalization.

[rtheman 0]

Thanks guys for the QUICK responses! So it sounds like all I need to remove her Conditional status is to:

a. file the I-751 w/in the 90 days period (still few months early for us)

b. include the appropriate fees

c. no need for photos (since Biometrics will take care of that and fingerprints)

d. Most importantly, include evidences such as Tax returns transcripts, statements (i.e bank, utilities), House Deeds

Question now is, how do I get the Tax return Transcript? I see from other post to call local IRS, but where do I find their information? I'm located at northern VA area.

If all these are true, this process is a 'cake walk' compare to Adj of Status or filing for the K1 visa!!!

[Kez/JWolf 6]

The transcript can be ordered by completing a Form 4506-T (PDF) or calling (800) 829-1040 and following the prompts in the recorded message. There is no charge for the transcript and you should receive it in 10 business days from the time we receive your request. Tax return transcripts are generally available for the current and past three years. If you need a statement of your tax account which shows changes that you or the IRS made after the original return was filed, you must request a "Tax Account Transcript". This transcript shows basic data including marital status, type of return filed, adjusted gross income, taxable income, payments and adjustments made on your account.

Hope this helps

Kez

[YuAndDan 153]

Question now is, how do I get the Tax return Transcript? I see from other post to call local IRS, but where do I find their information? I'm located at northern VA area.

http://www.irs.gov/faqs/faq1-6.html

[rtheman 0]

So here's quick tales to tell / laugh depending on your sanity level at this point....

We've filed K1 and AOS with a lawyer, so naturally we called the same lawyer for Removing Conditions on her Residency Card. Questions we've got are, "Is the I-751 the only thing we need to do at this stage? Are there anything forms or steps we need to do?" Her responds is simply Pay us a $500 retainer fee, and we'll take care of what she needs to do. In addition, we are also responsible for the application fees.

Another 'gimik' the lawyer tried on me is that one has to follow the application CAREFULLY, which is what we do best. But my question is that it seems like what we've talked about above listed out all that I need to do.

Therefore, my questions / confirmation to you all is that it sounds like the I-751 is the only thing I need to fill out and send into St. Albans, Vt office (we live in Virginia), while including evidence of relationship in addition to the I-751 itself (i.e. no passport photos, just include check w/ proper amount)