I am So Confused!!!!!!!

[raphael7546 0]

I am so confused!!! When my husband & I had our AOS interview back in March 2006. The officer told us to call the Salt Lake Office to arrange an interview to remove conditions for November 07. nothing was said of sending in forms or anything.

In looking over the guides it states we have to send in form I-751. In the guides there is an area that's really confusing me.

it's this in bold type:

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

Our 2nd anniversary was August 4th. We didn't know that we had to send this 90 days BEFORE our 2nd anniversary. I haven't been sent any letter from immigration stating they are starting removal proceedings against me.

I am freaking out here!!! Is the guide wrong? My Greencard doesn't expire till Feb 15 2008.

[Marilyn. 340]

the 2nd anniversary of your green card .. not your marriage...

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires......

.......within the 90-day period before your second anniversary as a conditional resident

so you should send off the form anytime between November 17th, 2007 and the day your card expires...

Edited August 16, 2007 by MarilynP

[raphael7546 0]

So I'm ok to file november then?

Also, my Canadian Passport expired. I need to get a new one, but I hear that it's taking over 3months to get one if you live out of country. Do I have to have a valid passport to file the removing conditions or just when it's time for the interview?

God! I hate all this paperwork! No wonder there's so many illegals here!! It's so confusing & expensive!!

[Marilyn. 340]

So I'm ok to file november then?

Also, my Canadian Passport expired. I need to get a new one, but I hear that it's taking over 3months to get one if you live out of country. Do I have to have a valid passport to file the removing conditions or just when it's time for the interview?

God! I hate all this paperwork! No wonder there's so many illegals here!! It's so confusing & expensive!!

you don't need a valid passport to file to remove conditions...

and in all likelihood you probably won't have an interview.... they do sometimes happen but they are very rare...

I would recommend starting to collect evidence of your marriage.. like joint bills etc.... you will need to send that in with the form...

[Marilyn. 340]

just to give you an idea this is what we included in our package ....

copy of baby's hospital certificate

copy of baby's death certificate

copy of rental agreement

copy of car insurance

copy of one recent joint tax form

copy of 401K that states that I am the primary beneficiary

copy of health care statement showing that I am covered under hubby's health care insurance

copy of one recent gas bill

copy of one recent phone bill

copy of one recent cable bill

copy of recent bank statements

copy of paper showing that hubby added me to his bank account

Copy of some bills (Sirius, Netflix etc) with just hubby's name and our address on it

Copy of some bills with just my name on it and our address (recent electric bill etc..)

Some envelopes with both our names and address on them...

I just sent in the most recent bill for each utility.... The phone and gas were in my name but I added hubby's name, the electric company didn't let me add my hubby's name...... and I just included the most recent bank statement.... and the application that we filled out to add me to hubby's account...

[Nancy2015 2]

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions.

You should file 90 days before you green card expires.

Also, the officer was incorrect - you shouldn't call USCIS and arrange an interview, you should mail I-751 and evidence to your Service Center. MarylinP gave you a great list of what can be submitted as evidence, so all you need to do is to collect some paperwork, fill out the form, attach payment and mail it at the end of November

[raphael7546 0]

Thanks for your quick reply guys! You've really calmed my fears.

One problem though. We are in the process of refinancing the mortgage. My name isn't on it.Hopefully he can add me. When my hubby tried to add me to the utility bills they wouldn't let him. We don't have a land line phone , just pay as you go cell phones. I don't have a car so no car loan or insurance. Hoping to get one but not till next year. My 11 yr old daughter flies down here for visits and stays with us,( she was here for the summer. Just left yesterday) Would sending her flight iteneray help? We usually buy her flight online.

We have 2 years of Joint taxes filed. So I have that. He is on my health care program from work. I'm on his health care program from the Military. He is also the benificery to my 401 K & insurance from work.

We have a joint savings/checking account. Plus I also have my own Visa Card under just my name. We have lots of mail addressed to us both and separately. I get a TON of junk mail sent to me all the time. Lots of Clothing Catolgues etc...

I guess if need be, I could get my boss to write a letter stating she knows us both and she knows where I live cuz she's driven me home from work many times.

I have a few friends that could also attest to where I live and that they know my husband & me as a couple. Would that help?

We just had family portraits done which will be ready next Wednesday. I could include some of those.

I don't know what else I could send.

[Kathryn41 3,205]

If he is in the military do you have your military identification card as a military spouse? That will list him as your sponsor and both of your names will be on it.

[raphael7546 0]

If he is in the military do you have your military identification card as a military spouse? That will list him as your sponsor and both of your names will be on it.

Yep, I have a card with my picture on it from the Air Force, says Military Spouse right on it.His name & social security number are on it too.

[Nikita2Charles 32]

Since you mentioned march 06, you can apply 90 days before the expiration date on your green card, normally it's the interview date when the green card was issue. It also the date that's on your current green card.

let say march 17 08, so you can send the removal of condition form by mid to the end of December as long as you are within that 90 days window. The earlier, the better I don't know how fast is Nebraska, but CSC has been kicking those I-751 really fast, we got the 10year GC, 2 days before the current one expires, we had already received the 1year extension letter.

[NYPeach 13]

We didn't have a ton of financial 'comingling' either, so we sent many pictures of my husband's children visiting us and my family, child support payments for his kids on my credit card, flight itineraries booked by me for his children, my name on the UK phone card for his children's use, cards from his kids to my mother (their new grandma), things like that that showed intermingling of the families.

You can add bills/copies of your driver's licenses that show you reside at the same address.

The military spouse card sounds good.