Questions about I-751 Removal of Conditions

[Hatem&Zeinab 30]

Hello Guys,

My wife came to the US on K-1 Visa. Her conditional green card expires November 2nd, 2013. She is currently in Egypt for her brother's wedding, and returns to the US October 11th. We have one year daughter who was born in the US, so she is a US citizen. I have the following questions:

Question One: How late can we mail out the I-751 package? The reason I am asking is that I heard there would be a biometrics appointment and I am worried if I mail it now that, the USCIS sets up the appointment on a date when she is still in Egypt.

Question Two: Do I include our daughter under Children in Part 4 of the petition, or not?

Question Three: How much should I pay in fees? $505.00 plus $85.00 for my wife's biometrics only? Do I use one check for the whole amount or do I send 2 separate checks?

Thanks in advanc for your replies

[NikLR 13,227]

***moved to ROC from K1 process and procedures as question is not related to K1 processes***

[KayDeeCee 4,893]

Hello Guys,

My wife came to the US on K-1 Visa. Her conditional green card expires November 2nd, 2013. She is currently in Egypt for her brother's wedding, and returns to the US October 11th. We have one year daughter who was born in the US, so she is a US citizen. I have the following questions:

Question One: How late can we mail out the I-751 package? The reason I am asking is that I heard there would be a biometrics appointment and I am worried if I mail it now that, the USCIS sets up the appointment on a date when she is still in Egypt. <-- You need to file the I-751 sometime within the 90 days before your green card expires so they receive your application before the expiration date.

Question Two: Do I include our daughter under Children in Part 4 of the petition, or not? <-- Yes. It says list all children. Leave the A# blank and check Yes for living with you and No for applying with you.

Question Three: How much should I pay in fees? $505.00 plus $85.00 for my wife's biometrics only? Do I use one check for the whole amount or do I send 2 separate checks? <-- One check for $590.

Thanks in advanc for your replies

Edited August 21, 2013 by Jay-Kay

[Hatem&Zeinab 30]

Thank you Jay-Kay for your reply. I am still confused about including my daughter in Part 4. The confusion is because in the instructions for I-751, it says the following:

"If you were granted conditional resident status through marriage to a US citizen, use this form to petition the removal of those conditions. If you have dependent children who acquired conditional status on the same day or withing 90 days thereafter, then include the names and Alien registration numbers of these children in Part 4.of this form in order to request that the conditions on their status be removed as well. If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those children must file form I-751 separately to have the conditions of their status removed"

Does this mean that I should not include my daughter in the list since she is not in a conditional status?

[KayDeeCee 4,893]

Yes, you list them. The form says to list all your children. As I said, there is a question for each child listed asking if they are applying with you. You check NO, as they are not applying to remove conditions with you since they are a USC. Also, you will leave the A# question blank, since the USC child does not have one.

~ Duplicate thread removed from another forum. Please don't post the same question across multiple forums, thanks ~

[Hatem&Zeinab 30]

Thank you again, I guess it is more clear now..