I-751 for a 13 yr. old child

[adrianiux 0]

Hi again, after two years

I have to say this before for better understanding... My daughter and I filed the Petition for Alien Relative together (she is listed as my dependent child in every single document), we did our biometrics together. I got my conditional green card 90 days after we submitted that initial form and my daughter got hers 90 days after I got my conditional green card it means they approved our Petition in different times we never knew why.

I have recently submitted my I-751 where my dependent 13 yr. old daughter is listed again. I have sent two separated checks, one $545 (for myself) another one $80 (for my daughter). My check ($545) has been cashed and also got my Letter of extension now just waiting for my biometrics appointment letter.

Yesterday, I got my daughter's check back with a letter stating "The correct fee for this I-751 is $545. The dependent child adjusted into the United States after 90 days of the alien conditional resident parent's entry. Therefore, the dependent child must submit her own application."

Can anyone explain me what r they talking about? I've never heard something like this!!

I'm about to request an infopass, this is driving me crazy again.

[NickD 203]

Hi again, after two years

I have to say this before for better understanding... My daughter and I filed the Petition for Alien Relative together (she is listed as my dependent child in every single document), we did our biometrics together. I got my conditional green card 90 days after we submitted that initial form and my daughter got hers 90 days after I got my conditional green card it means they approved our Petition in different times we never knew why.

I have recently submitted my I-751 where my dependent 13 yr. old daughter is listed again. I have sent two separated checks, one $545 (for myself) another one $80 (for my daughter). My check ($545) has been cashed and also got my Letter of extension now just waiting for my biometrics appointment letter.

Yesterday, I got my daughter's check back with a letter stating "The correct fee for this I-751 is $545. The dependent child adjusted into the United States after 90 days of the alien conditional resident parent's entry. Therefore, the dependent child must submit her own application."

Can anyone explain me what r they talking about? I've never heard something like this!!

I'm about to request an infopass, this is driving me crazy again.

You only sent in one I-751 form with your daughters name on yours, but sent in two checks for $545.00 each? Believe we chatted about this, we were lucky because the same thing happened to us, but I had an immigration attorney at that time and he managed to get our daughter's initial green card in under 90 days, so our I-751 somehow got through with her name on it. Both my wife's and daughter's ten year cards are back in sync again like they should have been in the first place.

Seems like you have to do a separate I-751 on your daughter, don't even begin to ask me what kind of proof you have to send along with it, maybe somebody else knows, as the USC, I sure didn't marry my daughter unless you have to send the same proof you sent with your application with your spouse.

But you have to have that green card, I am already accustomed to getting screwed by our government, so would just hire an attorney and did to deal with the USCIS, they do that every day, and I don't.

[adrianiux 0]

Thanks NickD for your reply.

Yes, I sent one I-751 with my daughter's name included as dependent child, yes two checks but one check for $545 and the other one for $80 as they indicated. Now, they are asking me to pay $545 each, and submit her own form and her own evidence, I won't ask you what to send I'm sure only USCIS knows what they want as evidence for a 13 yr old kid.

I'm glad to know your family got their green card at the same time! It means a lot for everybody here.

I'll have my infopass this Monday, August 4, I'll keep you posted. I want to hear what are they going to say and hire an attorney if I need to.

Thanks again.

adrianiux

[NickD 203]

Thanks NickD for your reply.

Yes, I sent one I-751 with my daughter's name included as dependent child, yes two checks but one check for $545 and the other one for $80 as they indicated. Now, they are asking me to pay $545 each, and submit her own form and her own evidence, I won't ask you what to send I'm sure only USCIS knows what they want as evidence for a 13 yr old kid.

I'm glad to know your family got their green card at the same time! It means a lot for everybody here.

I'll have my infopass this Monday, August 4, I'll keep you posted. I want to hear what are they going to say and hire an attorney if I need to.

Thanks again.

adrianiux

Appears the fate of the child to stay in this country is solely dependent on the success of her parent to remain married, kind of treated like excess baggage. Ha, wonder if our marriage did end up in a divorce if I would be liable for child support payments even though the USCIS treats the child as an entity to the natural parent. Or better yet, if the immigrant parent wants to take off, but the child wants to stay with the step parent.

Well that didn't happen, but felt an obligation to provide some sort of proof that the child was here, she does have a different last name but legally could use her as a deduction on our IRS 1040 so submitted that with her name highlighted on the that form. Only other evidence, she was 16 and had a driver's license, so took all three of ours and made a color scanned print out hoping the USCIS would note all three addresses were identical. Then copied her report card that is mailed to us with her name and our address on it. But all the rest of the stuff was between her mother and me.

Her mother was concerned as to whether she would be included or not as she was treated as an entirely different person when they first came here, assured her she was and even had our immigration attorney check over our evidence and application before we sent it in. But we did receive five letters in the mail shortly after. Each had their own receipt with the one year extension notice, their own biometrics appointment, same day but four hours apart, but they did let us do those together at the field office, and the fifth letter was to our daughter notifying her that she was covered under the I-751 application of her mother.

Am assuming you will have to send in the same proof with hers as you did on your application with perhaps additional letters of affidavits for her, but I asked our friends and relatives to also mention her name plus any additional proof that she lives with you.

When time was running out was under the impression she needed a current valid foreign passport for that I-551 stamp to stay here legally, wasn't aware of the I-94 with two passport photos at that time. So we made that long trip to Chicago to renew her passport, Venezuela didn't want to issue her a passport, and why not, she is here. Without even thinking just snapped back, we are only here to make a lot of money, own property in Venezuela, and we plan on going back. They did issue her a passport, but sure hit home the awkward position this country puts us in.

When we got home that night, dead tired, got the mail and two letters from the USCIS were in there, both their ten year cards, again in separate envelops. But what an ordeal we went through. Was planning on making an infopass appointment as soon as I got home to get those stamps.

Feel it's a lot easier to prove you are not married than you are. Just need a copy of your divorce, a marriage certificate means nothing to the USCIS.

[lucyrich 20]

Yesterday, I got my daughter's check back with a letter stating "The correct fee for this I-751 is $545. The dependent child adjusted into the United States after 90 days of the alien conditional resident parent's entry. Therefore, the dependent child must submit her own application."

Can anyone explain me what r they talking about? I've never heard something like this!!

It means what it says. The law says that every alien spouse, son or daughter who got conditional status as a result of the marriage has to have a petition to remove the conditional status within the 90 day period before the second anniversary of obtaining status. You file within 90 days before your second anniversary of getting status, and your daughter files within 90 days before the second anniversary of your daughter obtaining status.

It seems really weird that, after they've judged your marriage to be bona fide for the purpose of YOUR status, they would have to look at it again for the purpose of your daughter's status, but that's the way Congress, in their infinite wisdom, wrote the law. The USCIS folks don't have a choice of whether or not to follow the direction of Congress.

It's only possible to include a dependent child on the same petition with the parent if the dependent child obtained status at close to the same time as the parent.

When you send the petition for your daughter, you will send basically the same info you sent for your own petition, perhaps updated slightly with some more recent documents covering the time after you filed your first I-751.

[NickD 203]

but that's the way Congress, in their infinite wisdom, wrote the law.

Still trying to get a handle on this as to who is writing the law, but do not feel it's congress. Ha, if memorizing those 96 questions is difficult try an memorized the 1525 different government agencies we have today let alone what they are doing. In the automotive design field, for one example, constant conflicts between the DOT, DOE, and EPA, attempt to please one and breaking rules of the other two kind of thing. Have to contact my senator or congressman quite frequently on various law, usual response is, I didn't know about that but will check into that for you. For most of them, still waiting.

The executive branch is that who appoints the leaders of these various agencies, I won't have any comment of who is in charge of the FAA and FCC right now because they won't be positive. But you probably heard on the news where inspectors were instructed to turn their heads.

The INS did request from congress in 1988 to form the I-751 process, but feel it was pretty much up to that agency to determine the guidelines, both my congressman and senator are on appropriation committees to approve many of their budgets, but sure they don't look at them line by line.

Senator Feingold made the news by being the only senator to vote against the APA, his reason, he was the only one that read it. Was fun to help my wife with the civics test, could read the Declaration of Independence and the US Constitution with all the amendments in less than 15 minutes. Today, couldn't cover all the laws and agency laws in a lifetime, getting way too complicated. Need an attorney? Have to find one that specializes.

[adrianiux 0]

Hi, I know I promised to keep you updated, so here I go.

My husband and I went together to the Sacramento office. The officer basically said that he is going to review why our papers were not approved at the same time, since we filed together. He asked us to wait 3 weeks for his "investigation". My daughter's paperwork is in Saint Louis mine is in Washington, he has to have both files together to figure this out.

Of course he said he is going to call us... This is the 3rd week...

adrianiux

[Bulanglang 1]

Hi, I know I promised to keep you updated, so here I go.

My husband and I went together to the Sacramento office. The officer basically said that he is going to review why our papers were not approved at the same time, since we filed together. He asked us to wait 3 weeks for his "investigation". My daughter's paperwork is in Saint Louis mine is in Washington, he has to have both files together to figure this out.

Of course he said he is going to call us... This is the 3rd week...

adrianiux