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  • We failed to remove conditional residency...what now?

    I am a US citizen (born,raised) married to a filipina. We went through all the motions of getting her here legally, but failed to remove conditions of her residency. (dont ask its a stupid reason) We have not received any notice from the INS regarding removal proceedings, we are still happily married (6 years now). I also petitioned for my stepson, he is here now and in legal status. Can we reapply for I-130, adjustment of status, etc. all over again? Thanks!

  • #2
    I am a US citizen (born,raised) married to a filipina. We went through all the motions of getting her here legally, but failed to remove conditions of her residency. (dont ask its a stupid reason) We have not received any notice from the INS regarding removal proceedings, we are still happily married (6 years now). I also petitioned for my stepson, he is here now and in legal status. Can we reapply for I-130, adjustment of status, etc. all over again? Thanks!

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    • #3
      When your wife failed to clear the condition, your wife lost her legal status in US. What happened most likely since then is, she is already in a removal proceedings and for whatever reason, you missed the notification.

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      • #4
        when was the Petition to remove conditios due?

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        • #5
          I hate to say this to you but, your WIFE is in big S.H.I.T. to say the least.
          I am shocked!!!
          Now Only did you guys not remove the condition so of her status,you guys knew about it and still to this date,not remove it.It won't matter anymore.

          Number 1. Your wife has as of the date her GreenCard expired NO Status of the US and is legally to be deported to her country.
          Your wife has, as of the date her conditional card expired, no workauthority anymore,and no legal status in the United States.
          So if she is working still,she is working Illegally.And I hate to say this,its now too late and in your guys's case, INS won't exucse the reason and she will get a denial letter,notice or by the time U guys inform INS expect the Denial Letter.

          You need to understand,to remove the conditions is not an option nor a choice,its the law.You have to remove it,failing to do so,will be considered as being removed from the country and the status in the US has become invalid aka NO STATUS.

          Thats why its also Important when you file to remove the conditions,to receive the receipt aka letter that extands your status for one year.Which is by the way the ONLY document that shows you are legal and have your conditional greencard extended for 12 months.

          Your wife status is over finished....
          I am sure,the denial letter will maybe say that U can appeal it, but in your guys's case...I am sure there is not going to be a reason.
          Not to mention you guys had 90 days time prior for the card to expire...not to mention to this date U guys did not do it.

          Good Luck though....that was a big big mistake though u guys did not do what u were suppose to do,remove the conditions.You'll regret it.Sorry!

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Edsputt:
            I am a US citizen (born,raised) married to a filipina. We went through all the motions of getting her here legally, but failed to remove conditions of her residency. (dont ask its a stupid reason) We have not received any notice from the INS regarding removal proceedings, we are still happily married (6 years now). I also petitioned for my stepson, he is here now and in legal status. Can we reapply for I-130, adjustment of status, etc. all over again? Thanks! </div></BLOCKQUOTE>
            Generally, you have to reapply for the adjustment of status because not removing the conditions is seen as act of abandoning the permanent residence. If it is within a relatively short time, you may still attempt to file the I-751 with an explaination why you missed the date. If it was because of unusual circumstances, then it will be up to USCIS to approve it.
            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
              I hate to say this to you but, your WIFE is in big S.H.I.T. to say the least.
              I am shocked!!!
              Now Only did you guys not remove the condition so of her status,you guys knew about it and still to this date,not remove it.It won't matter anymore.

              Number 1. Your wife has as of the date her GreenCard expired NO Status of the US and is legally to be deported to her country.
              Your wife has, as of the date her conditional card expired, no workauthority anymore,and no legal status in the United States.
              So if she is working still,she is working Illegally.And I hate to say this,its now too late and in your guys's case, INS won't exucse the reason and she will get a denial letter,notice or by the time U guys inform INS expect the Denial Letter.

              You need to understand,to remove the conditions is not an option nor a choice,its the law.You have to remove it,failing to do so,will be considered as being removed from the country and the status in the US has become invalid aka NO STATUS.

              Thats why its also Important when you file to remove the conditions,to receive the receipt aka letter that extands your status for one year.Which is by the way the ONLY document that shows you are legal and have your conditional greencard extended for 12 months.

              Your wife status is over finished....
              I am sure,the denial letter will maybe say that U can appeal it, but in your guys's case...I am sure there is not going to be a reason.
              Not to mention you guys had 90 days time prior for the card to expire...not to mention to this date U guys did not do it.

              Good Luck though....that was a big big mistake though u guys did not do what u were suppose to do,remove the conditions.You'll regret it.Sorry! </div></BLOCKQUOTE>
              HK,
              Her status is loose, not illegal, which is what you are referring to. Depending on the facts and circumstances, the OP can at least refile the adjustment of status, I-485. The OP could file the I-751 if there is unusual circumstances and within a relatively short period of time.

              Everything else you said is complete hogwash.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                Hudson,
                that legal status came across like illegal,did not mean that.

                But I know for a fact,INS will not excuse this,and as some of you say "circumstances" that came inbetween to file for I751.

                Believe me,90 days is enough time to file for it...and I also know,not even death situations within the family that may cause the delay is sometimes not an excuse,considering the 90 days time to file it...
                And as you can read,in their case the delay, **** its not even a delay...since they did not file for it AT ALL,not to this date.
                So reasons like "i had no time" or "I work all the time" or "I was sick and in the hospital all the time" won't really excuse...unless something totally seriouse happened,like u were in a terrible car wreck, coma etc etc....

                Comment


                • #9
                  The answer is to re-file! hire an experienced immigration attorney.

                  Comment


                  • #10
                    You are still married and hava a lot of documents to prove your marriage. You should refile again. Good luck.

                    Comment


                    • #11
                      Aren't You guys listening what the person said, you all say ReFile, like the person filed in the first place.

                      Don;t use words like refile,if the person has not filed AT ALL to this date...
                      they never even filed that silly I-751,not at all,not even once lol....

                      so don't say He should refile lol...

                      this is gonna be tough,u'll need an excellent attorney and some $$$.....

                      remember,evidence has nothing to do with this or if the marriage is real or not,its about filing the I-751 on a certain time...
                      This guys has never ever filed it,and basically ignored to do it assuming it ain't important.
                      Reality will hit you in the face soon...sorry

                      Comment


                      • #12
                        When we say, refile, means start all over from the AOS! not refile to remove CR.

                        Comment


                        • #13
                          Okay, Got 'cha

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                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Edsputt:
                            I am a US citizen (born,raised) married to a filipina. We went through all the motions of getting her here legally, but failed to remove conditions of her residency. (dont ask its a stupid reason) We have not received any notice from the INS regarding removal proceedings, we are still happily married (6 years now). I also petitioned for my stepson, he is here now and in legal status. Can we reapply for I-130, adjustment of status, etc. all over again? Thanks! </div></BLOCKQUOTE>

                            WHEN did the green card expire? Untimely filed I=751s may be accepted if the alien offers an explanation.
                            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Posted by templar: When your wife failed to clear the condition, your wife lost her legal status in US. What happened most likely since then is, she is already in a removal proceedings and for whatever reason, you missed the notification. </div></BLOCKQUOTE>

                              The removal proceedings presumption is very "unlikely" in this particular case.

                              In most marriage based cases, CIS officers exercise their alien removal discretionary option "only" when the marriage fraud burden is not overcome, alien's unresolved criminal offense(s), illegal entry, and the likes. And, this situation mostly takes place during the I-485 adjudication - not during I-751 (removal of condition) stage.

                              The OP just has to refile the complete AOS packet for his spouse from square one, if filing I-751 with justification is no longer a viable option time-wise.

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