I-751 for college student and moving mother

[luzviminda 0]

I'm a bit confused about our situation and I hope that you can answer my questions. Any and all advice is appreciated.

My mom is married to a USC and we are in the process of submitting the I-751 to CSC. We're about a month in and her GC expires in September but mine doesn't expire until April 2008. I am a minor, btw, turning 18 in about a week.

But, I am moving to another state for college and because of the insane fees we have to pay, my mother thought of moving to Texas where she has more contacts and was offered a better paying job. She's planning on moving to Texas when I leave for Rhode Island.

My stepdad, however, still has a stable job here and doesn't want to quit yet until my mom is settled in Texas and he can easily get a job there. So, in a few months time, he's either going to move to Texas, or my mom will call it quits and just come back to Nevada (where we live right now).

We do have to file the I-751 soon (as we're hoping to avoid the increase in fees) and we were wondering how the address problem is going to be resolved. Technically, my mom will be living in Texas and me in Rhode Island.

1.) Do I file with them when they file their I-751 or do I have to wait until -90 days of my GC's expiration date.

2.) Can we file the I-751 even though my parents are going to be living in separate states for a while?

3.) What address should we use and where should we file? I know that right now we should send our packet to CSC but if she moves to Texas, will she have to file at TSC?

4.) Is this going to reflect badly on their application? I've read in the forums that it is rare for interviews to be asked on I-751 apps but it still happens. If they do get asked for an interview, I know that they will probably have to go together but does that mean that I will have to fly in to go to the interview, too?

[pj1959us 0]

I'm a bit confused about our situation and I hope that you can answer my questions. Any and all advice is appreciated.

My mom is married to a USC and we are in the process of submitting the I-751 to CSC. We're about a month in and her GC expires in September but mine doesn't expire until April 2008. I am a minor, btw, turning 18 in about a week.

But, I am moving to another state for college and because of the insane fees we have to pay, my mother thought of moving to Texas where she has more contacts and was offered a better paying job. She's planning on moving to Texas when I leave for Rhode Island.

My stepdad, however, still has a stable job here and doesn't want to quit yet until my mom is settled in Texas and he can easily get a job there. So, in a few months time, he's either going to move to Texas, or my mom will call it quits and just come back to Nevada (where we live right now).

We do have to file the I-751 soon (as we're hoping to avoid the increase in fees) and we were wondering how the address problem is going to be resolved. Technically, my mom will be living in Texas and me in Rhode Island.

1.) Do I file with them when they file their I-751 or do I have to wait until -90 days of my GC's expiration date. You must wait until your 90-day expiration window before you can file to lift your conditions

2.) Can we file the I-751 even though my parents are going to be living in separate states for a while? Your mother must file within the 90-day expiration, even if she and her husband are not living together.

3.) What address should we use and where should we file? I know that right now we should send our packet to CSC but if she moves to Texas, will she have to file at TSC? She should file with the center where she is residing at the time of filing the I-751. Is she going to maintain a mailing address with your stepfather, or is she going to have her mail forwarded and consider herself "moved"? You didn't really explain when exactly you and your mother are moving. Since she wants to file before the fee increases, and she hasn't moved yet, then I would fill in the I-751 with her current information at the time of filing. If things work out for her in Texas, and your stepfather moves there, then change of addresses can be submitted as needed.

4.) Is this going to reflect badly on their application? I've read in the forums that it is rare for interviews to be asked on I-751 apps but it still happens. If they do get asked for an interview, I know that they will probably have to go together but does that mean that I will have to fly in to go to the interview, too? I don't know if it will reflect badly; if she notes the different address than her husband at the time of filing, I would certainly include an explanatory letter regarding their situation. I'm sure this kind of situation happens and if described as temporary due to her husband's circumstances, I'm sure it will be considered. But, if she hasn't even moved at the time of filing, she should include her current mailing info. Since I don't think you can even file your I-751 yet since your 90-day window has not arrived, I doubt that you would have to attend an interview, if in fact one is required.

My opinions are above in bold, after your questions.

Hope that helps!

PJ

Edited July 12, 2007 by pj1959us

[luzviminda 0]

Thank you for the answers.

We're moving on the last week of August and she's planning on filing before the end of this month.

I received my GC late but it was connected to my mom's AOS, too. (We all went to the interview with mine scheduled 30 minutes before theirs). My biometrics took forever to arrive and that's why mine was issued late.

Does this mean that I have to file my I-751 separately? If so, how will that work since I'm not the spouse of the USC and he never legally adopted me either. I read the instructions on the I-751 and they didn't say much about children filing separately.

[luzviminda 0]

About our mailing address, well, we've always maintained a PO Box because my mom doesn't trust apartment mailboxes and I'm pretty sure we will be maintaining that one even after she moves to Texas and I move to RI.

[pj1959us 0]

Thank you for the answers.

We're moving on the last week of August and she's planning on filing before the end of this month.

I received my GC late but it was connected to my mom's AOS, too. (We all went to the interview with mine scheduled 30 minutes before theirs). My biometrics took forever to arrive and that's why mine was issued late.

Does this mean that I have to file my I-751 separately? If so, how will that work since I'm not the spouse of the USC and he never legally adopted me either. I read the instructions on the I-751 and they didn't say much about children filing separately.

In her circumstances then, since she is moving after the I-751 is filed, I would use her current address/mailing info.

As far as I know, if your GC doesn't expire at the same time as hers, even though the AOS was connected with hers (were she and you a K-1/K-2?), you can't submit the I-751 until your own 90-day window. I haven't known anyone's GCs to be approved separately in that way (except for K-2 Follow To Joins) but I have only known for the 90-day window to be considered when the I-751s are submitted.

I would be afraid that her I-751 would be rejected if she tried to lift the conditions on yours along with hers, since the expirations are different. You will still be listed on her form, but she would not include the copy of your GC with it, or the bios fee (which the form explains to do when you are lifting the conditions on any child's GC). It probably wouldn't hurt to include a letter explaining your circumstances as well. Nor would it hurt to possibly have an initial appointment with an immigration attorney to ensure what I am thinking is correct! As I said, I haven't really ever encountered two concurrent AOS situations with different GC approval dates, except for the follow-to-join K2s who do have to submit their I-751 separately.

So, if it turns out you would file the I-751 separately, you would merely check the box that refers to you filing separately and enclose a letter as to why you were unable to lift conditions at the same time as your mother. It doesn't matter if you are/aren't the spouse or child of the USC...the lifting of conditions is just dependent (as far as I am aware) of your 90-day window of the conditional GC.

About our mailing address, well, we've always maintained a PO Box because my mom doesn't trust apartment mailboxes and I'm pretty sure we will be maintaining that one even after she moves to Texas and I move to RI.

I wouldn't be concerned if she hasn't even moved yet when she submits the I-751. As I said, address changes just need to be submitted once a move is made and that can be done later.

[luzviminda 0]

No, we're not K1 or K2.

They were married in 2004 and we were interviewed in September 2005. Both of us were approved then and she received her GC soon thereafter. However, something went haywire when my biometrics were taken because it took so long for my GC to arrive. It eventually arrived on April 2006 (thus the April 2008 expiration date).

Also, I was looking through my records and I didn't see a piece of paper that gave me the window of time that I can apply to remove the condition on my GC. (My mom did. It was a half sheet of paper that basically said that she would have to file her I-751 between June and September of this year.) I received the welcome letter saying that they will be sending my CGC soon, though, and when I received my GC, the paper it was attached to said that I would need to apply to remove conditions when the 90-window starts.

Thank you SO MUCH for all the help. We were going to file the I-751s together to lift both mine and my mother's at the same time and it's a really good thing that we haven't sent it out yet or else hers could have been rejected.

[pj1959us 0]

No, we're not K1 or K2.

They were married in 2004 and we were interviewed in September 2005. Both of us were approved then and she received her GC soon thereafter. However, something went haywire when my biometrics were taken because it took so long for my GC to arrive. It eventually arrived on April 2006 (thus the April 2008 expiration date).

Also, I was looking through my records and I didn't see a piece of paper that gave me the window of time that I can apply to remove the condition on my GC. (My mom did. It was a half sheet of paper that basically said that she would have to file her I-751 between June and September of this year.) I received the welcome letter saying that they will be sending my CGC soon, though, and when I received my GC, the paper it was attached to said that I would need to apply to remove conditions when the 90-window starts.

Thank you SO MUCH for all the help. We were going to file the I-751s together to lift both mine and my mother's at the same time and it's a really good thing that we haven't sent it out yet or else hers could have been rejected.

Your GCs will tell you the approved date; you will need to look at them both and see if they actually have the same approval date and apply within the 90-day window for each. Hers could be rejected if you try to lift the conditions on yours and it isn't due yet, I would think. As I said, though, it would be a good idea to verify it with an immigration attorney.

However, if you both have the same approved date on your GCs then yes, you would apply together. I'm not quite clear by your post if you found out that you do actually have the same expiration or not since you said you "were both approved then". Check your cards to be safe. Just because your card arrived later doesn't necessarily mean you were approved on different dates.

Edited July 12, 2007 by pj1959us

[luzviminda 0]

Sorry for being so confusing.

I just checked and hers expires on September 2007 while mine expires on April 2008. I also read info I found on the USCIS website that pretty much said that I would have to file separately since my expiration date falls more than 90 days from my mom's.

They said to supply a letter saying why I wasn't able to file along with my mom's as well as "any supporting documentation".

What does that mean? What other documentation could I supply?

I won't be covered in my stepdad's insurance anymore since I will be starting college and I elected to just get insurance through the university because that was cheaper. I was never covered under my mom's. Do I need to send in the same paperwork they sent (or will be sending soon) when they apply for my mom's I-751 or is this going to be totally independent on their case?

What if they get rejected? Does that mean that mine is automatically rejected too and that I will be going through removal proceedings along with my mom?

[pj1959us 0]

Sorry for being so confusing.

I just checked and hers expires on September 2007 while mine expires on April 2008. I also read info I found on the USCIS website that pretty much said that I would have to file separately since my expiration date falls more than 90 days from my mom's.

They said to supply a letter saying why I wasn't able to file along with my mom's as well as "any supporting documentation".

What does that mean? What other documentation could I supply?

I won't be covered in my stepdad's insurance anymore since I will be starting college and I elected to just get insurance through the university because that was cheaper. I was never covered under my mom's. Do I need to send in the same paperwork they sent (or will be sending soon) when they apply for my mom's I-751 or is this going to be totally independent on their case?

What if they get rejected? Does that mean that mine is automatically rejected too and that I will be going through removal proceedings along with my mom?

Okay, I'm glad you were able to confirm you should file later.

As far as supporting documentation along with your letter, I would probably have your mom make an additional copy of whatever she submits for you to submit with your own petition. When they see the expiration date on your card then it will also support why you had to file separately and the same documents will confirm the evidence for your own (since it is based on your mother's).

You mentioned that your AOS was dependent upon hers...if that is the case then yes, if for some reason her request to lift conditions is denied, then yours would be as well. As long as she submits enough evidence of a bona fide relationship then neither she nor you should have any problems.

I wouldn't worry yourself too much...you've gotten this far and as long as your mother submits the documents requested this is normally just a formality. Just get a copy of what your mother submits and keep it safe for when the time comes for you to submit your I-751. This includes a copy of whatever is submitted after the original I-751 (address changes, etc).

Just concentrate on your college, otherwise!

[aussie girl 1]

Sorry for being so confusing.

I just checked and hers expires on September 2007 while mine expires on April 2008. I also read info I found on the USCIS website that pretty much said that I would have to file separately since my expiration date falls more than 90 days from my mom's.

They said to supply a letter saying why I wasn't able to file along with my mom's as well as "any supporting documentation".

What does that mean? What other documentation could I supply?

I won't be covered in my stepdad's insurance anymore since I will be starting college and I elected to just get insurance through the university because that was cheaper. I was never covered under my mom's. Do I need to send in the same paperwork they sent (or will be sending soon) when they apply for my mom's I-751 or is this going to be totally independent on their case?

What if they get rejected? Does that mean that mine is automatically rejected too and that I will be going through removal proceedings along with my mom?

Hi Luzviminda,

My 19 year old son (he turned 19 last June 30) is in the same situation as you. He got his GC because of my marriage to his USC stepfather. His GC process was connected to mine and applied as a concurrent application. However, I got my GC on June 24, 2005 and he got his on October 6, 2005 also because of some hiccups that delayed his GC approval. Anyway, when we filed for my removal of condition on May 2, I still included my son in the application even though his GC date was over 90 days from mine. I was hoping they would accept it but we got a blue letter with the check returned for my son's biometrics. The letter states my son has to file separately. And now, I am also at a lost on what to include and how to file the I-751 for my son. He can file anytime after July 6 so this weekend I will concentrate on the package to send with his I-751.

I plan to just send exactly the same evidences as what I sent for my removal of condition filing. Hopefully, it will be okay. I will post and let you know what happens next. I wish I can help you but I am also at a lost because the form I-751 does not say much about the dependents filing separately. But, I just want to tell you not to worry too much. Take care and congratulations for your opportunity to go to college. My son was also lucky like you, he is on college break at the moment and will be back this fall. You and I have the same name and I am also a Pinay.

Aussie girl

[luzviminda 0]

Thank you for sharing, aussie girl and I wish you the best luck on your and yours son's I-751s.

It's always nice to know that you're not alone on the same boat. And to think that we share the same of so much.