FORM I751- ADJUSTMENT OF STATUS

[WhatAWait! 31]

Hello Guys, 
I am preparing to file for my wife's condition of residency removed and filling the form I751. I have a few questions - I hope this forum will help me with the answers. 
 

On the form part 4 and part 5 are confusion. Can any one kindly provide some guidance?  On part 4 is it asking about the spouse info who is the basis of this application? And on the part 5 is it asking for the petitioners child- in my case my wife? Or is  it asking for all the children - including the step children?

Thanks
 

[powerpuff 6,697]

~ Moved from K1 Forum to Removing Conditions on Residency as the question is about I-751 ~

[Rocio0010 5,579]

Part 4, relationship:

for your wife it would be 1A- spouse.

 

Part 5: USCIS doesn’t distinguish “children” from “stepchildren “, so in part 5 she’d list ALL children (bio or not). She’d mark “yes “ for each child applying with her, and “no” for the rest.

[WhatAWait! 31]

Thank you for your advice. I remember filling the form for her green card and at that from it specifically asked to put all the children name bio or not. 

What about the other information  section of Part4? Is it asking for my information? I am the US citizen and she is filling jointly with me to remove the condition. 

[arken 4,197]

 

If you are filling the form for her, pretend you are her and then life will be easy. Part 4 asks about info of the spouse of the conditional resident. That would be your USC spouse which is you when not pretending.

[WhatAWait! 31]

What about the fee, It seem like my spouse would not need to pay for the biometric since I am a US citizen. Also do I pay two times the fee for the I751 since we are filling for my wife as well as her child? 
 

[arken 4,197]

2 minutes ago, WhatAWait! said:

It seem like my spouse would not need to pay for the biometric since I am a US citizen.

The instructions says otherwise.

Conditional Resident. Each conditional resident and conditional resident dependent included in the principal petitioner’s Form I-751 is required to submit a biometric services fee with this petition, in addition to the required filing fee.

 

4 minutes ago, WhatAWait! said:

Also do I pay two times the fee for the I751 since we are filling for my wife as well as her child?

Depends when the child's GC was issued. Form Fee is per form.

From instructions: 
If you have dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 in order to request that the conditions on their status be removed as well. If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed.

 

[Crazy Cat 41,845]

21 minutes ago, WhatAWait! said:

What about the fee, It seem like my spouse would not need to pay for the biometric since I am a US citizen. Also do I pay two times the fee for the I751 since we are filling for my wife as well as her child? 
 

That is incorrect.  You misread the instructions.  You must include the biometrics fee. 

Edited November 9, 2021 by Crazy Cat

[Knome 245]

15 hours ago, WhatAWait! said:

Hello Guys, 
I am preparing to file for my wife's condition of residency removed and filling the form I751. I have a few questions - I hope this forum will help me with the answers. 
 

On the form part 4 and part 5 are confusion. Can any one kindly provide some guidance?  On part 4 is it asking about the spouse info who is the basis of this application? And on the part 5 is it asking for the petitioners child- in my case my wife? Or is  it asking for all the children - including the step children?

Thanks
 

We are including names of both  biological child as well as step child.

We are also paying fee a total of $765 ( $595 + biometric fee for both k1 child and wife $85 +$85)

[WhatAWait! 31]

Just curious, My wife would have lived here for 3 years by January 10th 2022,  She has held her Green card for 2 years.  Based on the USCIS website, her residency duration in the US fulfils the requirement for being eligible to apply for naturalization- N 400. My question is can we directly file form N 400 and skip I751? The fee for both is incredibly high. Please guide me. 

[da95826 387]

1 hour ago, WhatAWait! said:

My wife would have lived here for 3 years by January 10th 2022,  She has held her Green card for 2 years.  Based on the USCIS website, her residency duration in the US fulfils the requirement for being eligible to apply for naturalization- N 400. My question is can we directly file form N 400 and skip I751? The fee for both is incredibly high. Please guide me. 

No you can not skip the ROC, if you have a conditional green card you MUST 100% file an i751 first. 

 

She is not eligible to file for n400, to file under the 3 year rule you must have your green card for 3 years and be married to a US citizen spouse. You must be both married to a US spouse and have your green card for 3 years.

 

If you are married to an USA spouse you can file for naturalization 1 year after you file your i751 application.

 

Those issued a 10 year unconditional green card also need to wait 3 year from issuance of the green card and need to be married to an US citizen for the same 3 year before they can file for naturalization.