I751 and SSN confusion? Need help to clarify

[jeff27 2]

Hello Visajourney members,

We have an interesting case - how does the I751 and SSN relate?  My wife (who is a permanent resident with a CR1 expiring 8/3/21 and immigrant visa expires 11/10/21) and I just returned to the US in June.  We would have came earlier but she received the wrong USCIS # so we had to wait for them to send another card with the correct number.  It arrived earlier this year where we had to get approved for the Returning Resident Visa (which included a physical, blood test and biometrics) since we were out of the US for more than 12months. 

 

When we arrived in June, we were informed both by USCIS and SSN to wait if her SSN card was going to arrive in a few weeks. Her SSN never came so we needed to request an appointment with the SSN office - its appointment is NOT until the end of July (1 week before her CR1 expires).  And without a SSN, we can NOT have a joint bank account.  We are turning in the I751 tomorrow

 

A few questions:

1) Are the I751 (to remove CR1 conditions) and SSN processed by different departments?

2) What happens if her CR1 expires before USCIS gets back to us?

3) She JUST had a biometrics, physical and blood test just to get back to the States for the Returning Resident Visa - does she need to do it again/pay for it again?

4) Do we really need an affidavit - that includes signatures and is notarized by 2 people?  (Especially when we JUST completed all the docs and exams for the Returning Resident visa)?

 

Thanks

Jeff

[Lil bear 4,228]

8 minutes ago, jeff27 said:

Hello Visajourney members,

We have an interesting case - how does the I751 and SSN relate?  My wife (who is a permanent resident with a CR1 expiring 8/3/21 and immigrant visa expires 11/10/21) and I just returned to the US in June.  We would have came earlier but she received the wrong USCIS # so we had to wait for them to send another card with the correct number.  It arrived earlier this year where we had to get approved for the Returning Resident Visa (which included a physical, blood test and biometrics) since we were out of the US for more than 12months. 

 

When we arrived in June, we were informed both by USCIS and SSN to wait if her SSN card was going to arrive in a few weeks. Her SSN never came so we needed to request an appointment with the SSN office - its appointment is NOT until the end of July (1 week before her CR1 expires).  And without a SSN, we can NOT have a joint bank account.  We are turning in the I751 tomorrow

 

A few questions:

1) Are the I751 (to remove CR1 conditions) and SSN processed by different departments?

2) What happens if her CR1 expires before USCIS gets back to us?

3) She JUST had a biometrics, physical and blood test just to get back to the States for the Returning Resident Visa - does she need to do it again/pay for it again?

4) Do we really need an affidavit - that includes signatures and is notarized by 2 people?  (Especially when we JUST completed all the docs and exams for the Returning Resident visa)?

 

Thanks

Jeff

I may just need more caffeine to assist my thinking ! but I’m struggling to understand your timeline .. maybe yuh could outline things a little more so we can get a better understanding .. 

Your profile timeline gives an approved immigration visa a couple of years ago .. did your wife enter the US using that visa and become an LPR with a conditional green card ? What date did she enter? Did she apply for and receive a SSN after entering ? When did she leave the US  after that ? When was the Returning resident permit issued .. when did she reenter the US?

 

SSN are issued by the SSA .. totally separate to the USCIS… being issued a SSN requires evidence of lawful residency .. ie. a valid GC. 

[USC4SPOUSE 506]

1 hour ago, Lil bear said:

I may just need more caffeine to assist my thinking ! but I’m struggling to understand your timeline .. maybe yuh could outline things a little more so we can get a better understanding .. 

Your profile timeline gives an approved immigration visa a couple of years ago .. did your wife enter the US using that visa and become an LPR with a conditional green card ? What date did she enter? Did she apply for and receive a SSN after entering ? When did she leave the US  after that ? When was the Returning resident permit issued .. when did she reenter the US?

 

SSN are issued by the SSA .. totally separate to the USCIS… being issued a SSN requires evidence of lawful residency .. ie. a valid GC. 

Yes, I am cross-eyed, too. And when did they get married? Why is she still a conditional resident? I am not following. 

[jeff27 2]

1 hour ago, Lil bear said:

I may just need more caffeine to assist my thinking ! but I’m struggling to understand your timeline .. maybe yuh could outline things a little more so we can get a better understanding .. 

Your profile timeline gives an approved immigration visa a couple of years ago .. did your wife enter the US using that visa and become an LPR with a conditional green card ? What date did she enter? Did she apply for and receive a SSN after entering ? When did she leave the US  after that ? When was the Returning resident permit issued .. when did she reenter the US?

 

SSN are issued by the SSA .. totally separate to the USCIS… being issued a SSN requires evidence of lawful residency .. ie. a valid GC. 

Thanks for your Fast reply!  Maybe just the answers for question 2-4 would suffice.

 

But to answer your questions:

-Yes, we married on Oct 31, 2017 in the US and then left the country. 

-Both of us returned on 8/3/19 where her immigrant visa was approved and we returned back to her country on 9/15/19.  We did NOT apply/receive a SSN for her at that time. Due to the pandemic, we stayed outside of the US for more than 12 months (plus USCIS had to correct and send her a new Green card which we only received in late Jan 2021). 

- She applied (which included physical, blood test, biometrics) and was approved for a Returning Resident Visa on 5/14/2021 and entered the US on 6/14/21. At this time, we were informed to wait a few weeks for the SSN to arrive and if it did not, to call SSN.  If did NOT come after 3 weeks, so we just scheduled a SSN appointment for late July 2021 (though her LPR says CR1 expiring 8/3/21).  

 

So what would happen if we turned in the I751 tomorrow (7/14/21) and we didn't hear back from USCIS before her CR1 visa expires?

Thanks

Jeff

[USC4SPOUSE 506]

44 minutes ago, jeff27 said:

Thanks for your Fast reply!  Maybe just the answers for question 2-4 would suffice.

 

But to answer your questions:

-Yes, we married on Oct 31, 2017 in the US and then left the country. 

-Both of us returned on 8/3/19 where her immigrant visa was approved and we returned back to her country on 9/15/19.  We did NOT apply/receive a SSN for her at that time. Due to the pandemic, we stayed outside of the US for more than 12 months (plus USCIS had to correct and send her a new Green card which we only received in late Jan 2021). 

- She applied (which included physical, blood test, biometrics) and was approved for a Returning Resident Visa on 5/14/2021 and entered the US on 6/14/21. At this time, we were informed to wait a few weeks for the SSN to arrive and if it did not, to call SSN.  If did NOT come after 3 weeks, so we just scheduled a SSN appointment for late July 2021 (though her LPR says CR1 expiring 8/3/21).  

 

So what would happen if we turned in the I751 tomorrow (7/14/21) and we didn't hear back from USCIS before her CR1 visa expires?

Thanks

Jeff

Alright, I am just going to chime in here @jeff27 if that is OK.

 

10-31-17 - you got married in the US and left US.

08-03-19 - returned to US with CR-1 

09-15-19 - Left US. Did not apply/receive SSN. 

01-00-21- Received new green card. (This should have been a 10 year green card and not a 2 year conditional green card.)

05-14-21 - Approved for SB-1 visa 

06-14-21 - Entered US with SB-1 visa. Been married for almost 4 years. She should have been classified as IR-1 and not CR-1.

 

If I am understanding correctly, you had been married for longer than two years when she was approved for SB-1 visa, right? Then, upon entering the US on 05-14-21, she should have been classified as IR-1 (Immediate Relative) and not CR-1 (Conditional Resident).

The green card she has right now shows an expiration date of 8-3-21 because it was approved 8-3-19 when she entered the US with the CR-1 and at that point, you had not been married for 2 years. 

 

I do not think that you need to file for removal of conditions. You may have to file the same form you filed to get that initial green card upon entering the US. 

Edited July 14, 2021 by USC4SPOUSE

[USC4SPOUSE 506]

@jeff27 just to finish my thought here. Your spouse should have been classified as IR-1 when she last entered the US in 05/2021. Because you have now been married longer than 2 years, she is eligible for a permanent 10 year green card. You do not need to file the I-751. I believe you need to file the I-90.

 

Hopefully, others can weigh in. Thank you!

[Villanelle 4,122]

10 hours ago, USC4SPOUSE said:

@jeff27 just to finish my thought here. Your spouse should have been classified as IR-1 when she last entered the US in 05/2021. Because you have now been married longer than 2 years, she is eligible for a permanent 10 year green card. You do not need to file the I-751. I believe you need to file the I-90.

 

Hopefully, others can weigh in. Thank you!

NO.

 

Subsequent entries does not remove the 'removing of conditions' obligation nor does obtaining a replacement greencard. She entered in 2019. She was given a conditional card. She needs to remove conditions. The fact that she spent time overseas and obtained a returning residents visa is irrelevant, in fact the whole 'returning' bit of 'returning resident' means she is returning on the resident visa she has/had vs getting a new one. A new visa would have given her the 10yr card because it would have been issued after 2yr marriage. Does that all make sense? 

[Villanelle 4,122]

13 hours ago, jeff27 said:

 

 

A few questions:

1) Are the I751 (to remove CR1 conditions) and SSN processed by different departments?

They are processed by 2 different gov agencies. SSA and USCIS. Have nothing to do with each other.

 

 

13 hours ago, jeff27 said:

2) What happens if her CR1 expires before USCIS gets back to us?

Of course it will expire. ROC processing takes 1-2 years on average. When you file you get a NOA extension letter. You can show your expired card +NOA and it is proof of status for work and travel for 18 months. If your ROC is not approved when that expires you can get a 551 stamp for proof of status.

13 hours ago, jeff27 said:

3) She JUST had a biometrics, physical and blood test just to get back to the States for the Returning Resident Visa - does she need to do it again/pay for it again?

None of that is part of the ROC process. You should browse the ROC subforum for more information about ROC in general as it seems you are unaware of what is and isnt required. 

13 hours ago, jeff27 said:

4) Do we really need an affidavit - that includes signatures and is notarized by 2 people?  (Especially when we JUST completed all the docs and exams for the Returning Resident visa)?

 

Affidavits are considered secondary evidence. You can include them if you like but they should not be your main evidences. Here is a somewhat recent post about how to assemble ROC evidences with less then traditional evidences.  It is not a problem to not have a joint bank account. You need to show shared finances not a shared account. 

 

[Lil bear 4,228]

38 minutes ago, Villanelle said:

NO.

 

Subsequent entries does not remove the 'removing of conditions' obligation nor does obtaining a replacement greencard. She entered in 2019. She was given a conditional card. She needs to remove conditions. The fact that she spent time overseas and obtained a returning residents visa is irrelevant, in fact the whole 'returning' bit of 'returning resident' means she is returning on the resident visa she has/had vs getting a new one. A new visa would have given her the 10yr card because it would have been issued after 2yr marriage. Does that all make sense? 

That’s what I was thinking. Had she applied for a new  IR visa then the successful application would have resulted in a 10yr non conditional GC. But as she returned in the existing “visa” through the SB1 application , then she still needs to go through ROC

[Rocio0010 5,579]

2 hours ago, Villanelle said:

NO.

 

Subsequent entries does not remove the 'removing of conditions' obligation nor does obtaining a replacement greencard. She entered in 2019. She was given a conditional card. She needs to remove conditions. The fact that she spent time overseas and obtained a returning residents visa is irrelevant, in fact the whole 'returning' bit of 'returning resident' means she is returning on the resident visa she has/had vs getting a new one. A new visa would have given her the 10yr card because it would have been issued after 2yr marriage. Does that all make sense? 

Thank you for putting it that way. I had to read the original post like 3 times to understand the timeline. I did have coffee but like for hours ago lol.

[arken 4,197]

The expiry date of SB-1 visa has no meaning now that she is already in the US. Forget about everything she went through or docs she submitted to get SB-1 visa. That was just to be able to come to the US.
 

Now that she is in the US, she is continuing in the status she was in prior to leaving the US, and that is the conditional resident. So she needs to file for ROC before conditional GC expires with the required evidences.

 

SSN is a different story. If she checked the SSN application on DS260, just wait for a bit. If not received in a few weeks, apply at a nearby SSA.

[arken 4,197]

3 hours ago, Lil bear said:

That’s what I was thinking. Had she applied for a new  IR visa then the successful application would have resulted in a 10yr non conditional GC. But as she returned in the existing “visa” through the SB1 application , then she still needs to go through ROC

I don't think she can just apply for a new immigrant visa to get the 10 yr GC. They would have to go through a new petition. Returning on SB-1 visa seems a better option that starting a new i130.

[Lil bear 4,228]

12 minutes ago, arken said:

I don't think she can just apply for a new immigrant visa to get the 10 yr GC. They would have to go through a new petition. Returning on SB-1 visa seems a better option that starting a new i130.

If she had relinquished the GC while overseas using  I407, she could have then applied for an immigrant visa again from outside USA. She would have been granted a 10 yr card on entry But by getting the SB1 and returning into the US using that ,she must now go through ROC 

[USC4SPOUSE 506]

This is all so interesting. Thank you everyone for clarifying. It was not an easy timeline to follow.  

[Scandi 4,166]

17 hours ago, jeff27 said:

Hello Visajourney members,

We have an interesting case - how does the I751 and SSN relate?  My wife (who is a permanent resident with a CR1 expiring 8/3/21 and immigrant visa expires 11/10/21) and I just returned to the US in June.  We would have came earlier but she received the wrong USCIS # so we had to wait for them to send another card with the correct number.  It arrived earlier this year where we had to get approved for the Returning Resident Visa (which included a physical, blood test and biometrics) since we were out of the US for more than 12months. 

 

When we arrived in June, we were informed both by USCIS and SSN to wait if her SSN card was going to arrive in a few weeks. Her SSN never came so we needed to request an appointment with the SSN office - its appointment is NOT until the end of July (1 week before her CR1 expires).  And without a SSN, we can NOT have a joint bank account.  We are turning in the I751 tomorrow

 

A few questions:

1) Are the I751 (to remove CR1 conditions) and SSN processed by different departments?

2) What happens if her CR1 expires before USCIS gets back to us?

3) She JUST had a biometrics, physical and blood test just to get back to the States for the Returning Resident Visa - does she need to do it again/pay for it again?

4) Do we really need an affidavit - that includes signatures and is notarized by 2 people?  (Especially when we JUST completed all the docs and exams for the Returning Resident visa)?

 

Thanks

Jeff

You can absolutely have a joint account without an SSN, we got one with Bank of America without issues. Choose a Bank that is immigrant friendly.

 

1. USCIS and SSA are not the same agency. An SSN has nothing to do with the ROC (other than that you fill it out on the form if you have one). Go to the SSA and get a SSN of you don't have one, but for USCIS it's not needed.

 

2. Her conditional greencard will expire, ROC takes 1-2 years to process. She will receive an extension letter that is valid for 18 months.

 

3. That has nothing to do with DHS (USCIS), that's a DOS thing. She will need to pay for biometrics like everyone else. 

 

4. Affidavits of a bonafude marriage is one of the weakest evidence you can send, hopefully you have a ton of good evidence to send instead. Affidavits are not needed at all.