ROC of wife and wife's daughter

[bolin786 21]

I have began to study the removal of conditions for my wife and her daughter and I find the information at the USCIS site a bit confusing. It states that if you have dependent children who acquired conditional residence status concurrently with you and entered the United States within 90 days of your arrival, then include their names in Section 5 of the application. Then it goes on to say that if the dependent children acquired conditional residence after the 90 days of your adjustment then they have to file separately to have their conditional status removed. In my case, my wife's daughter entered the US four months after my wife's arrival, however she was granted conditional residence status within the 90 days of my wife's adjustment. So according to the first part she is not eligible but according to the second part she is eligible. Now which is it?

Thanks,

Archie

[Cino 5]

I have began to study the removal of conditions for my wife and her daughter and I find the information at the USCIS site a bit confusing. It states that if you have dependent children who acquired conditional residence status concurrently with you and entered the United States within 90 days of your arrival, then include their names in Section 5 of the application. Then it goes on to say that if the dependent children acquired conditional residence after the 90 days of your adjustment then they have to file separately to have their conditional status removed. In my case, my wife's daughter entered the US four months after my wife's arrival, however she was granted conditional residence status within the 90 days of my wife's adjustment. So according to the first part she is not eligible but according to the second part she is eligible. Now which is it?

Thanks,

Archie

She has to file I-751 separately because she entered to US after about 120 days of her mom's arrival, not within 90 days of your wife's arrival. She doesn't fulfill the first condition. They might go to Bio on different days too.

Good luck !....

[bolin786 21]

I am still confused because when you answered enigma11561, on the same subject, you advised only to fill out only one I-751 and pay 2 bio fees along as the children are entered in Section 5 of the form. Enigma11561 clearly states that the child entered several months after the principal beneficiary.

[Cino 5]

I am still confused because when you answered enigma11561, on the same subject, you advised only to fill out only one I-751 and pay 2 bio fees along as the children are entered in Section 5 of the form. Enigma11561 clearly states that the child entered several months after the principal beneficiary.

He said "Several months" later, I took that word less than 90 days, that's why. If it is more that 90 days, they have to file separately too.

[bolin786 21]

He said "Several months" later, I took that word less than 90 days, that's why. If it is more that 90 days, they have to file separately too.

Cino Thank you for your response. What I still do not understand is the statement in the second sentence of that USCIS explanation which seems to contradict the first statement. In the second sentence it states that if the dependent relative acquired her conditional residence within 90 days of the principal beneficiary then she can be included in the same I-751. My wife's daughter did entered the US 4 months after my wife BUT acquired her conditional residency within 90 days of her mother. Therefore it seems she satisfies the criteria of the second sentence and can be included in the same I-751. Please clarify this two apparent contradictions in the language of the USCIS instructions. Thank you again.

Archie

[VanessaTony 3,567]

1. If you have dependent children who acquired conditional residence status concurrently with you and entered the United States within 90 days of your arrival, then include their names in Section 5 of the application.

2. If the dependent children acquired conditional residence after the 90 days of your adjustment then they have to file separately to have their conditional status removed.

In my case, my wife's daughter entered the US four months after my wife's arrival, however she was granted conditional residence status within the 90 days of my wife's adjustment. So according to the first part she is not eligible but according to the second part she is eligible. Now which is it?

Okay so you are definitely not eligible for #1. #2 does NOT address the arrival which indicates that it is related to #1.

SO, for example. Lets say your child arrived within the 90 days BUT their GC was delayed for whatever reason and it was more than 90 days between AOS of parents then they would file separately. If it was before 90 days then they file ROC together.

If the child arrived outside the 90 days they apply separately, no matter when their GC was approved. The second qualifier doesn't apply.

[bolin786 21]

Okay so you are definitely not eligible for #1. #2 does NOT address the arrival which indicates that it is related to #1.

SO, for example. Lets say your child arrived within the 90 days BUT their GC was delayed for whatever reason and it was more than 90 days between AOS of parents then they would file separately. If it was before 90 days then they file ROC together.

If the child arrived outside the 90 days they apply separately, no matter when their GC was approved. The second qualifier doesn't apply.

Thank you for clarifying this issue. So I guess my stepdaughter will apply separately 90 days before her conditional GC expires. Now I still have two more questions. First, in Section 5 does my wife include her name or not since she is applying separately. It still states all your children without reference as to if they are applying separately. Secondly, when my stepdaughter applies separately, what documentation she submits? I would imagine she has to submit the I-751 form, her fees of $590.00 along with a cover letter with an explanation of why she is applying separately and a copy of her GC, front and back. She will also submit a copy of he birth certificate and a copy of her passport showing the POE and date of entry and documentation that she lives with her mother and me. Thanks again.

[Cino 5]

Thank you for clarifying this issue. So I guess my stepdaughter will apply separately 90 days before her conditional GC expires. Now I still have two more questions. First, in Section 5 does my wife include her name or not since she is applying separately. It still states all your children without reference as to if they are applying separately. Secondly, when my stepdaughter applies separately, what documentation she submits? I would imagine she has to submit the I-751 form, her fees of $590.00 along with a cover letter with an explanation of why she is applying separately and a copy of her GC, front and back. She will also submit a copy of he birth certificate and a copy of her passport showing the POE and date of entry and documentation that she lives with her mother and me. Thanks again.

I totally agree with "Vanessa & Tony".

Put her name on Section 5 & drop a note saying that "She will apply separately due to her arrival to US more than 90 days of my (your wife) arrival"

They are good documents but also include any school related document shows "Name & Address". & don't forget the cover letter.

In fact, she is not going to remove condition, she will inherit the permanent residency (ROC & GC) from her mother.

When mom has been approved she will also be approved automatically.

[Dave-n-Oksana 49]

Okay so you are definitely not eligible for #1. #2 does NOT address the arrival which indicates that it is related to #1.

SO, for example. Lets say your child arrived within the 90 days BUT their GC was delayed for whatever reason and it was more than 90 days between AOS of parents then they would file separately. If it was before 90 days then they file ROC together.

If the child arrived outside the 90 days they apply separately, no matter when their GC was approved. The second qualifier doesn't apply.

So if I am understanding correctly,

My Wife and Step-daughter arrived together, but my (now 22 yr old) Step-daughter received her green card 2 months after my wife. We could include my step-daughter even if it is prior to 90 days of my step-daughter's expiration date?

Edited April 30, 2012 by Dave-n-Oksana

[VanessaTony 3,567]

So if I am understanding correctly,

My Wife and Step-daughter arrived together, but my (now 22 yr old) Step-daughter received her green card 2 months after my wife. We could include my step-daughter even if it is prior to 90 days of my step-daughter's expiration date?

Your wife and step-daughter arrived together so they are a yes to #1. She received her card within 90 days of your wife so she is no to #2. Meaning that she can file for ROC together with your wife (put her in section 5).

[Mrsrwhite 5]

Just found information on the USCIS site that speaks to child entering the US within 6 months even thought other sections speak to 90 days? which is it really? I need clarity as i plan to POE on as CR1 on August 6 and travel back for my daughter in December.