I-751 rejected *sigh*

[pj1959us 0]

Today we got a "REJECTION NOTICE" letter dated 7-25.

It states: Your Form I-751 or Form I-829 and its supporting documents are attached. It is rejected for consideration by the Immigration and Naturalization Service for the following reason(s).

Refer to attachment.

You must resubmit your form within the required filing period. Return this letter and all attachments with your response.

Well, of course neither the I-751 and its supporting documents nor the "attachment" referred to in the letter were included. David called the 800# and after finally reaching someone, was told he must schedule an Infopass appointment and speak to an immigration officer.

We are only guessing but can only think it would be 1) the fact that David never made a copy of the police certificate when he went through the K-1 and they didn't accept my letter of explanation regarding it, or 2) that since Chris is 22 years old that he must file separately. I know of another VJ member that did submit the I-751 with the child over 21 on the form and it was processed alright but since when has consistency been a catch-word? If it's because of the old police certificate, we're basically screwed getting a new copy of it back by the 22nd (when their 2-year card expires). We hope that at the Infopass, if Chicago has his file there, that he can obtain a copy of it (dare to dream). Well, if it is that, and he can't get a copy from Chicago. all we can do is try to obtain it from the UK again, file it late with an explanation and proof that we did try to file it in time and hope that it still gets processed and they don't get kicked out of the US.

The rep at the 800# did say that sometimes they do send the documents separately so we are at least hoping we get the stupid thing back in the mail shortly so we know what's going on.

If, if, if. If we at least knew the reason I would feel a little better.

All for now.

PJ

[NYPeach 13]

Oh #######.

I hope it's something easily fixed and not the worst case scenario. It must be so frustrating not knowing what the issue is.

Only USCIS would say refer to attachment and think it's perfectly normal to send the attachment in a separate package.

[pj1959us 0]

Thanks for the words of kindness and support, Peach. It's really appreciated!

We received the original submission and reason for rejection today. It was reason number 2...it is because Chris is over 21 years of age and the form states he must submit his own petition (even though he arrived with David on his K-2 and adjusted status before he turned 21).

Thankfully, it's the easier solved of the two and we can now cancel Tuesday's appointment with Immigration and get these re-done. UGH...I cringed thinking of a new packet to do now and adjusting the original of David's due to the new requirements. More xeroxing; hope the scanner holds up!!!

So...to those of you that might encounter this situation with a child that is 21 at the time of removing conditions: I know VJ member peejay was successful (with the TSC) in including his stepdaughter (who was at least 21) on his wife's petition. However, we were not (through the NSC).

As always, it's a guessing game. All I can recommend is send the petition in (flip a coin and decide how to submit!) early in the 90 day window to allow plenty of time in case it gets rejected!!!! I would certainly try with getting away with paying only an additional biometric fee at the beginning...who knows, you might get lucky!

PJ

[aussie girl 1]

Thanks for the words of kindness and support, Peach. It's really appreciated!

We received the original submission and reason for rejection today. It was reason number 2...it is because Chris is over 21 years of age and the form states he must submit his own petition (even though he arrived with David on his K-2 and adjusted status before he turned 21).

Thankfully, it's the easier solved of the two and we can now cancel Tuesday's appointment with Immigration and get these re-done. UGH...I cringed thinking of a new packet to do now and adjusting the original of David's due to the new requirements. More xeroxing; hope the scanner holds up!!!

So...to those of you that might encounter this situation with a child that is 21 at the time of removing conditions: I know VJ member peejay was successful (with the TSC) in including his stepdaughter (who was at least 21) on his wife's petition. However, we were not (through the NSC).

As always, it's a guessing game. All I can recommend is send the petition in (flip a coin and decide how to submit!) early in the 90 day window to allow plenty of time in case it gets rejected!!!! I would certainly try with getting away with paying only an additional biometric fee at the beginning...who knows, you might get lucky!

PJ

We submitted our joint petition I-751 and included my son (he's not 21 yet) but he got his GC over 90 days after mine. They accepted our application but just sent us back the biometric check for my son with a blue letter stating my son has to file separately. I'm surprised they did not do the same to yours and instead rejected your application and returned the whole package.

[diadromous mermaid 36]

Thanks for the words of kindness and support, Peach. It's really appreciated!

We received the original submission and reason for rejection today. It was reason number 2...it is because Chris is over 21 years of age and the form states he must submit his own petition (even though he arrived with David on his K-2 and adjusted status before he turned 21).

Thankfully, it's the easier solved of the two and we can now cancel Tuesday's appointment with Immigration and get these re-done. UGH...I cringed thinking of a new packet to do now and adjusting the original of David's due to the new requirements. More xeroxing; hope the scanner holds up!!!

So...to those of you that might encounter this situation with a child that is 21 at the time of removing conditions: I know VJ member peejay was successful (with the TSC) in including his stepdaughter (who was at least 21) on his wife's petition. However, we were not (through the NSC).

As always, it's a guessing game. All I can recommend is send the petition in (flip a coin and decide how to submit!) early in the 90 day window to allow plenty of time in case it gets rejected!!!! I would certainly try with getting away with paying only an additional biometric fee at the beginning...who knows, you might get lucky!

PJ

We submitted our joint petition I-751 and included my son (he's not 21 yet) but he got his GC over 90 days after mine. They accepted our application but just sent us back the biometric check for my son with a blue letter stating my son has to file separately. I'm surprised they did not do the same to yours and instead rejected your application and returned the whole package.

folks,

Unless there is some change in process that I am not familiar with, there is protocol that determines if K-2 beneficiaries' I-751 are to be included with the original K-1 petitioner's or not.

If you achieved permanent resident status at the same time as your K-1 parent, or within 90 days afterwards, then your K-1 parent may file a joint Form I-751, Petition to Remove the Conditions of Residence, and include you.

If you achieved permanent resident status more than 90 days after your K-1 parent, you may file your own Form I-751, Petition to Remove the Conditions on Residence.

[pj1959us 0]

folks,

Unless there is some change in process that I am not familiar with, there is protocol that determines if K-2 beneficiaries' I-751 are to be included with the original K-1 petitioner's or not.

If you achieved permanent resident status at the same time as your K-1 parent, or within 90 days afterwards, then your K-1 parent may file a joint Form I-751, Petition to Remove the Conditions of Residence, and include you.

If you achieved permanent resident status more than 90 days after your K-1 parent, you may file your own Form I-751, Petition to Remove the Conditions on Residence.

Well, all I know is...it's been rejected because of his age. I have it in front of me; it was handwritten under Other.

We all were confused when 21 year old K-2s were being denied adjustment of status because they turned 21 before the AOS was adjudicated even though they met all other requirements. Yet it has happened....more than once. The legal mess those poor souls have been put through isn't worth it to me. Sure, it will be paying for 2 people when I shouldn't (or have historically to my knowledge ever been), and at the higher fees. What else to do except submit 2 separate I-751s? I can't take a chance on not filing within the 90 day window.

I did look this up in 8 CFR 216: Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR216.4]

[Page 391-393]

TITLE 8--ALIENS AND NATIONALITY

CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

PART 216_CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS--Table of

Contents

Sec. 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(a) Filing the petition--

(1) General procedures. Within the 90-day period immediately preceding the second anniversary of the date on which

the alien obtained permanent residence, the alien and the alien's spouse who filed the original immigrant visa petition or fiance/fiancee petition through which the alien obtained permanent residence must file a Petition to Remove the Conditions on Residence (Form I-751) with the Service. The petition shall be filed within this time period regardless

of the amount of physical presence which the alien has accumulated in the United States. Before Form I-751 may be considered as properly filed, it must be accompanied by the fee required under Sec. 103.7(b ) of this chapter and by documentation as described in paragraph (a)(5) of this section, and it must be properly signed by the alien and the

alien's spouse. If the joint petition cannot be filed due to the termination of the marriage through annulment, divorce, or the death of the petitioning spouse, or if the petitioning spouse refuses to join in the filing of the petition, the conditional permanent resident may apply for a waiver of the requirement to file the joint petition in accordance

with the provisions of Sec. 216.5 of this part. Upon receipt of a properly filed Form I-751, the alien's conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition.

(2) Dependent children. Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751).

It mentions "dependent children". A 22 year old apparently would not fall within the guidelines of being a dependent child, which I guess is their loophole. Loopholes are bad.

I know others have been successful when submitting an I-751 for a spouse and a 21 or older stepchild. We were not unfortunately. I have no idea whether I will be an individual situation...or if this will become a trend as the 21-year-old-AOS fiasco has.

PJ

[NYPeach 13]

(2) Dependent children. Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751).

It mentions "dependent children". A 22 year old apparently would not fall within the guidelines of being a dependent child, which I guess is their loophole. Loopholes are bad.

Looks like he converted from a 'child' to a 'son' in the interim.

Definition of a Child

The immigration law defines a “child” as an unmarried person under the age of 21 (a minor)

Definition of a Son or Daughter

An unmarried “son or daughter” is a person who was once a “child” but who is now 21 years of age or older. A “married son or daughter” is a person who has a recognized parent-child relationship, but who is also married, regardless of age.

Very annoying (and expensive) for you. Glad you can fix this pretty easily though.

[pj1959us 0]

(2) Dependent children. Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751).

It mentions "dependent children". A 22 year old apparently would not fall within the guidelines of being a dependent child, which I guess is their loophole. Loopholes are bad.

Looks like he converted from a 'child' to a 'son' in the interim.

Definition of a Child

The immigration law defines a “child” as an unmarried person under the age of 21 (a minor)

Definition of a Son or Daughter

An unmarried “son or daughter” is a person who was once a “child” but who is now 21 years of age or older. A “married son or daughter” is a person who has a recognized parent-child relationship, but who is also married, regardless of age.

Very annoying (and expensive) for you. Glad you can fix this pretty easily though.

I think so too, Peach. I admit I haven't come across a great many in this situation, but do know that it was processed before (with the 21 year old on the same I-751). In light of what I read though, I wouldn't be surprised if this doesn't happen more often.

It does annoy me, because I was originally going to submit them separately, then I read of 1) succesfully got 10 GC for wife and stepdaughter 21 on same I-751 and 2) one in a similar situation who got their I-751 rejected because they *did* submit them separately.

Nothing left to do but pay it. I do wish I had had a chance to submit the darned things earlier in the 90 day window...it would have saved a little bit not having to pay the new fees. *shrug* Oh, well. Except I just found out that Chris had received a ticket that I must now get a copy of (that he no longer has of course). Geez!!! Can I have some cheese with my w(h)ine?

I'm certainly thankful at this point that it was the easier fix of the two....of course, that's not to say we won't get an RFE for the police certificate! David's brother is visiting this week and I'm going to ask him to take the forms/identifcation back with him so he can submit the darned 10 pounds for a new certificate. It's worth it for peace of mind so we'll have it at the ready!

[mawilson 2,133]

Why did you send in your I-751 (removal of conditions form) when you haven't even got your conditional green card yet?

[pj1959us 0]

Why did you send in your I-751 (removal of conditions form) when you haven't even got your conditional green card yet?

They received their conditional green cards in 2005.