Filing for removal of status for step-children who live in another state

[phd1974 17]

Hi all,

 

in 2016, I was the petitioner to bring over my wife's (who is in the process of having her conditions removed) 3 children. They all received their 2 year conditional cards. After being here in my state and going to school for a year, they did not like it here. Meanwhile, my wife's mother (the children's grandmother) was married to another person in another state and came over on her own process. For the summer, we sent the kids to visit her in the other state ... where they actually stayed (and felt better) for the time being. They enrolled in school the following school year and everything while me and my wife stayed where we were at. After 2 months into the school year, family issues came up and we decided that it was better for my wife to be with the children and that we both should move to the other state so the children would be with us and close to their grandmother. One problem --- I just renewed a 1 year lease for the place we were staying at and I could not get out of it. So instead of both of us going to the other state, she went and I stayed behind. My lease is up in August, but it is now time to submit the 751 forms to remove conditions for the kids. When I send it in, I (the original petitioner for the kids to come over) will still be here in my state, while the kids are in another state.

 

My question is: Do I still need to file as if I'm filing from my state ... OR do I need to file as if I am filing from the state the children currently live in?

[Foreign Fantasy 52]

Did you update their addresses as they moved?

[Ontarkie 14,225]

The place your wife and kids live at,  are you on that lease too? If not start making that your primary resident. Get things sorted out now and file from that State.

 

You only stayed were you are at because of the lease, but you are all still together.  Couples live apart all the time for some reason or another. You just need to show that you are still in fact a couple even apart. 

 

So bills and what not in new State to show you all there. 

Lease

DL of all with the same address. 

You know all the things you would show normally just make sure they show that both of you at both places. 

 

PS I'd move now, you can just leave the apartment empty till you give it up completely. You're already paying(?) for two places as it is now. 

Edited May 31, 2018 by Ontarkie

[phd1974 17]

Well that is the issue I guess. The kids moved in with their grandmother and her husband so my name is not on the lease or any bills related to them staying there. I cannot afford to pay 2 rents at the same time, that is why I am still here - otherwise, I would have moved already and left an empty apartment here. I do still have evidence of my wife still here with mail still being received here, her cell phone bills, a shared bank account ... but for the kids, nothing.

[phd1974 17]

1 hour ago, Foreign Fantasy said:

Did you update their addresses as they moved?

I have not.

[Ontarkie 14,225]

yes a bit harder that way.

 

Just start transfering all the info/bills to the new address and then your inlaws if you will be staying there too can write up a lease of sorts to say that you all rent a space (if anything is payed, or help out in such a way.) It's fine if you haven't been there the whole time. I'm sure she visits you and you visit her and the kids there. You just need to connect the dots to show you needed to stay behind for financial reasons but are very much still a family. 

 

Are they all on your insurance?

Like I said You would show proof of being at both places. Junk mail,  Post cards,  credit/debit card receipts for anything that you paid where she's at and she paid where you're at.

 Are you on the Schools info for a contact person? 

How about doctors, do they have you listed as someone to contact? 

 

When do you have to file? Push it back as close as you can to August for your move but I really don't think it will be an issue. Just get a few things for the kids records like doc's and school showing you as another contact. They mostly look at the mother's proof. I don't think we sent in too much other then a few medical receipts for the kids, maybe some school records. But I don't think we did as I pulled them from school after a few days of moving here. 

 

Personally I would file in the State you are moving too. You are only where you're at for a few months longer. Although it is both of your primary resident atm, with your wife's stuff still going there. You don't want any mail getting lost after you move. 

 

[phd1974 17]

4 hours ago, Ontarkie said:

yes a bit harder that way.

 

Just start transfering all the info/bills to the new address and then your inlaws if you will be staying there too can write up a lease of sorts to say that you all rent a space (if anything is payed, or help out in such a way.) It's fine if you haven't been there the whole time. I'm sure she visits you and you visit her and the kids there. You just need to connect the dots to show you needed to stay behind for financial reasons but are very much still a family. 

 

Are they all on your insurance?

Like I said You would show proof of being at both places. Junk mail,  Post cards,  credit/debit card receipts for anything that you paid where she's at and she paid where you're at.

 Are you on the Schools info for a contact person? 

How about doctors, do they have you listed as someone to contact? 

 

When do you have to file? Push it back as close as you can to August for your move but I really don't think it will be an issue. Just get a few things for the kids records like doc's and school showing you as another contact. They mostly look at the mother's proof. I don't think we sent in too much other then a few medical receipts for the kids, maybe some school records. But I don't think we did as I pulled them from school after a few days of moving here. 

 

Personally I would file in the State you are moving too. You are only where you're at for a few months longer. Although it is both of your primary resident atm, with your wife's stuff still going there. You don't want any mail getting lost after you move. 

 

Yes, it is harder. That is why i asked here. since I do not have an address in the other state, I will see what bills I can get to go to the kids grandparents house - wont be much since all my bills are related to my place here (electric, gas, etc). I doubt that I could be put on their lease at this point.

 

Yes, I do make the trip there and back and she does as well (long road trips and Greyhound buses). The thing is, we are still very much together and plan to be for a long time, I would just hate for something like this to mess up the children's chances to get their 10-year card declined ... and thus forcing my wife to leave the country with the children.

 

BUT, you know what? I just thought of this: I submitted my wife's paperwork to remove conditions in September 2017 ... it has been 8-9 months and we are still waiting on any interview (if any). If the same time-table holds true, it would be at least February or March of 2019 before we heard anything back from them. I may not have to worry about it if I plan to move in August of this year and still have 6-7 months or more of being a family together before any word of an interview. Do you think I might be pushing it .... or you think I should be ok and be able to explain if an interview comes up, without much worry. This is assuming that I still have some mail going to the grandparent's house.

 

 

[Ontarkie 14,225]

Oh heck you already filed for ROC. I missed that somewhere. 

 

You should be fine. You just submit anything and everything showing your marriage even between two places. You will be able to get the rest if needed after the move. 

[phd1974 17]

No, you read right ... it's my wife's ROC that was already processing .... it's the children's I was worried about since they have not been here since the summer of 2017.