Filing a Separate I-751 for K-2

[raymaga 25]

Hi Everyone:

I am starting the paperwork for my K-2 daughter's (19 years old) Removal of Conditions application, and need some advice from others who have filed separately.

Some background:

My daughter received her K-2 Visa almost one year after my K-1 Visa.

My daughter entered the U.S. more than one year after I did.

My daughter received her Conditional GC more than one year after I did.

I have already received my 10-yr card, and could not include her on my I-751 application.

On Form I-751, In Part 2, Basis for petition (check one)......

B) says "I am a child who entered as a conditional permanent resident and I am unable to be included in a joint petition to remove the conditional basis of are alien's permanent residence (Form I-751) filed by my parent(s)."

Firstly, that sentence doesn't even make sense.

Secondly, my daughter did NOT enter as a conditional permanent resident, she entered as a K-2 Visa holder.

Do I still check B)?

And what evidence do I send along with her application? There is no marital evidence to send for her, as she is not the one who married the U.S. citizen.

Any advice would be greatly appreciated.

Rayma

[raymaga 25]

The two B) in my previous post should have been the letter "b".

[eau_xplain 2]

Hi Rayma,

I hope somebody whose child submitted the I-751 separately from the immigrant parent will reply to this.

However, looking at the form option ( b ) is the only one that would most fit your child's situation. As to supporting documents, you would submit basically the same proof that was sent for your I-751, updated to show more current bills and statements.

[aussie girl 1]

The two B) in my previous post should have been the letter "b".

We recently filed my 19 yr old son's separate I-751. VSC received the package on July 17 and check was cleared on the 25th. We have not received any NOA yet.

The I-751 package we sent was exactly the same as what we filed last April 30 for our joint I-751 with updated bank statements etc. My son got his conditional PRC 100 days after I got my conditional PRC. During our joint filing we actually included my son in the application and included a check for the Biometrics and after 4 weeks we got a blue letter with the check enclosed. The blue letter stated the following :

'According to 8CFR Sec 216.4, "son's name" cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child not having acquired conditional resident status concurrently with the parent. 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 of the parent.

Each child 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 with the proper fee of $275.00.'

In my son's I-751 form for Part 2. Basis for petition - we selected option B - I am a child who entered as a conditional permanent resident and is unable to be included... and we enclosed a copy of the blue letter in the package. Here is the cover letter we enclosed:

USCIS Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001

RE: I-751 PETITION TO REMOVE CONDITIONS OF STATUS ON:

(CR7 VISA) Firstname Middlename Lastname, A#999-999-999

Dear USCIS examiner:

Enclosed please find my separate I-751 petition for removal of conditions of permanent resident status. My parents initially included me in their Joint I-751 petition but we got a blue letter advising us that I should file separately as per 8CFR Sec 216.4 I did not acquire my permanent resident status on the same date that my mother acquired her permanent residence status or within 90 days.

Please also find 1 check, consisting of the amount of $275.00 for the fee of this petition and the biometric services. We are all happily living together and I request that this petition be accepted for removal of conditions.

Enclosed also please find the following documents (copies of some of the evidence submitted by my parents in their Joint I-751 petition) to verify the status of their marriage and ongoing relationship:

· Signed I-751 form

· Copy of my (Firstname MiddleInitial Lastname) permanent resident card A# 999-999-999 (front and back);

· Copy of my mother’s (Mother's firstname) permanent resident card A# 888-888-888 (front and back);

· Copy of the identity pages of my passport;

· Copy of the Notice of Action regarding 8CFR Sec 216.4 and the postal envelope and rejected check payment;

· Copy of 5 notarized letters written by U.S. citizen friends and family, attesting to my parent’s relationship and marriage;

· Copy of my parent’s joint 2005 Federal tax return with W2s;

· Copy of my parent’s joint 2005 Maryland resident tax return;

· Copy of my parent’s form 4868 joint application for automatic extension of our 2006 tax return;

· Copy of W2s both my parent’s - (petitioning parent's name and parent's name);

· Copy of rental/lease contract for 'current address' showing we leased the house together;

· Copy of Maryland State driver’s licenses for both of my parents showing a common address;

· Copy of my Maryland State driver’s license showing I live with my parents;

· Copy of my parent’s Account Summary Information for joint accounts in Bank of America;

· Copy of some of my parent’s joint checking bank statements;

· Copy of a letter from the Department of the Treasury addressed to both of my parents;

· Copy of Tax refund check sent to my parents by the Comptroller of MD after a review of parents’s 2000 Tax return was declared resolved;

· Copy of current GEICO car insurance coverage document and some payment reminder for previous months;

· Copy of utility bills for 'current address' addressed to both my parents (parent's name);

· Copy of Maryland Certificate of Title for two of our cars owned by both of my parents;

· Copy of a letter mailed to my parents by car financing company (name of Finance company);

· Copy of Confirmation Letter of Benefits, health and life insurance from (Employer Company name) showing both my parents (First names of parents) had designated each other as a beneficiary and included me.

· Copy of renter’s insurance statement;

· Copy of my FAFSA application and/or Student Aid Report showing (mother's name) as mother and (father's name) as stepfather;

· Copy of some of my (son's first name) school papers and tax return showing I lived with my parents; and

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Sincerely,

FName MName LName

I hope this helps. I will keep posting what happened next.

[yaya 0]

Thank you so much, Aussie Girl! I have the same issue with my kid's case. I will have to apply for I-751 seperately in the coming Nov as well. I really appreciate the detailed information you provided here. Yes please keep us posted with your progress and I wish you the best luck!

And best wishes and good luck to Raymaga too!

But still I am not very sure if it's ok if I will just include a copy of the letters (attesting to my parent’s relationship and marriage) I submitted for my case last year (allmost a year old) or I should have these papers updated with recent dates. (It's kind of painful thing to get this done again isn't it.)

[raymaga 25]

Thank you so much aussie girl for the very detailed response. I really do appreciate it.

I had no idea I would have to submit all the same documents that I submitted for my own I-751 application. I was only going to submit copies of my daughter's GC, driver's licence, college transcripts, bank statement, and our 2006 income tax return (showing her as our dependent) as well as her own 2006 W2's and income tax return.

I am now in the process of assembling my own Naturalization application (which I will submit in a couple of weeks) and then have to submit my daughter's I-751 in November.

Will this immigration paperwork ever end??????

Thanks again, and I look forward to seeing how your son's case progresses.

Good luck.

Edited August 22, 2007 by raymaga

[aussie girl 1]

Thank you so much aussie girl for the very detailed response. I really do appreciate it.

I had no idea I would have to submit all the same documents that I submitted for my own I-751 application. I was only going to submit copies of my daughter's GC, driver's licence, college transcripts, bank statement, and our 2006 income tax return (showing her as our dependent) as well as her own 2006 W2's and income tax return.

I am now in the process of assembling my own Naturalization application (which I will submit in a couple of weeks) and then have to submit my daughter's I-751 in November.

Will this immigration paperwork ever end??????

Thanks again, and I look forward to seeing how your son's case progresses.

Good luck.

Hi

Just wanted to let you know that today August 24 (exactly 39 days from the day VSC received the I-751 package for my son) we received the ASC Appointment Notice for my son's biometrics which is schedule on 09/07/2007. We didn't get the NOA letter which should extend my son's PRC for 1 year yet. My son's PRC expires on October 6, 2007.

Also, I just wanted to say that we only sent the exact copies of document with some updates to the financial papers but excluded the pictures, cards received from family and friends and airline tickets. We only decided to send the same documents because we really didn't know what should be sent and we couldn't find any other documentation or instructions for children filing separately. Our reasoning was that if my son got his PRC on the exact same date or within 90 days, the papers or documents that is included in our Joint I-751 would be the same documents they would be using to adjudicate my son's removal of condition. So when we sent the papers for my son, we pretended we were sending the I-751 Joint petition with my son except the I-751 forms have checked some items applicable to my son's case only. That is how we looked at the situation. Seems it worked.

Thanks also for your good and kind wishes for my family. I hope everything works out fine with your daughter's too. And Good luck and smooth process to your US citizenship application. I will doing the same in 9 months.

Cheers,

Aussie Girl