Can a CR2 live independently from their parents

[Drake651 0]

I’m currently 18, and I moved to America in march of 2022. 
 

I have to file to remove conditions in about 1 month and I’m running into a problem.

 

My parents moved to Brazil permanently, effectively abandoning the green cards. 
 

I’ve built a life here by myself, I’m married and I have a job and everything.

 

I’ve talked to a person that prepares the forms to be sent to the USCIS. They’ve never seen a case like mine. 
 

I’m wondering if anyone knows another about this. Can I file separately? Can I file at all by myself?

 

 

[JeanneAdil 6,579]

Married to USC?

 

[Drake651 0]

1 minute ago, JeanneAdil said:

Married to USC?

 

Yes

[Vickys_Mom 230]

Do you need to apply for Selective Service?

 

Regards,

Vicky's Mom

[Pinkrlion 2,724]

You are 18 and legally an adult. You should be able to file ROC and your evidence will be based on school and current marriage since 2022. 

[mnk 62]

Are your parents still married?

 

Yes, you would file your own I-751. The key here is that you would still need to show that the qualifying marriage is/was bona fide, that is, your parents’ marriage. Whether they live in the US or not isn’t really relevant to your I-751 since you are filing separately, as long as you can provide evidence that they still have a valid marriage. Your marriage also isn‘t relevant to the conditional residency, so don’t worry about providing evidence for that in this I-751 beyond just your marriage cert to establish marital status. 

Edited November 29 by mnk

[Family 4,064]

You need to file your own I-751 . Filing must be:

1. Joint ( so your USC stepfather signs the application) and you include parent’s marriage cert, and extensive records from date of entry 2022 to now that proves parental relationship .

School records, tax returns of USC stepfather that show you as dependent or letter explaining failure to file. Medical records that list parents , bank records and any mail that show shared address. 
 

It does sound as if there was SOME period after you entered that mom and stepfather lived in the US ..with you. 
 

2. Detail and evidence that your USC stepfather maintained a parental relationship with you AFTER they left you alone in the US. So phone calls, emails, birthday cards, money transfers . ..AND a Letter from USC stepfather in support of Joint I-751. 
 

3. On the last page of I-751 write a short paragraph that quotes the linked ref and state you are a CR 2 and must file independent of your mother ( name and A#) due to reasons beyond your control …(A VAGUE detail here )example..as you are uncertain if mom will timely file due to parents extended overseas stay.
 

 

https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-2

Children Who Must File a Separate Petition

A CPR child who is unable to be included in the parent’s Form I-751 must file a separate Form I-751. Some examples of a CPR child needing to file a separate Form I-751 include but are not limited to:

• The child obtained CPR status more than 90 days after the CPR parent;  
• The child’s CPR parent died before filing Form I-751; or 
• Any other circumstances preventing the child from being included in the Form I-751 of the parent or stepparent. ^[16]

CPR children who must file a separate Form I-751 may do so at any time, even before the 90-day period preceding the second anniversary of obtaining CPR status, as long as the child is not subject to a final order of removal.