ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 6 of 6

Thread: So in need of help pls!

  1. #1
    i entered USA jan 24 2006 thru a fiance visa. married my USC fiancee before the 90days, applied for a ssn then adjusted my status. i already have my SSN and EAD and recently 12/07/2006 we went to memphis and after just a few minutes of questioning, my green card was approved and officer said it's a 2year conditional green card. Well it arrived in the mail 4days from the interview date.
    What bothers me is that neither me nor my husband knows the next step from here.Questions are?
    1.how do we remove condtions, and when should we start doing this
    2.what forms do we need this time
    3.

  2. #2
    i entered USA jan 24 2006 thru a fiance visa. married my USC fiancee before the 90days, applied for a ssn then adjusted my status. i already have my SSN and EAD and recently 12/07/2006 we went to memphis and after just a few minutes of questioning, my green card was approved and officer said it's a 2year conditional green card. Well it arrived in the mail 4days from the interview date.
    What bothers me is that neither me nor my husband knows the next step from here.Questions are?
    1.how do we remove condtions, and when should we start doing this
    2.what forms do we need this time
    3.

  3. #3
    hi there kindheart..... you and your husband(petitioner) must remove the conditional residence 3 months before your 2nd anniversary... if you need more info on how to do that... you must go to http://www.uscis.gov on how to remove the conditional residence.... you also need the FORM- I-751 Petition to remove conditions on residence.... Please seek a qualified lawyer if you need one... this is just based on my knowledge... Thanks!

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by luvjonalyn:
    hi there kindheart..... you and your husband(petitioner) must remove the conditional residence 3 months before your 2nd anniversary... if you need more info on how to do that... you must go to http://www.uscis.gov on how to remove the conditional residence.... you also need the FORM- I-751 Petition to remove conditions on residence.... Please seek a qualified lawyer if you need one... this is just based on my knowledge... Thanks! </div></BLOCKQUOTE>

    The alien must submit a joint petition to remove conditions on residency 90 days prior to the expiry date on the conditional green card, or, 90 days prior to the second anniversary of the approval of PR (not the alien's 2nd wedding anniversary)
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  5. #5
    thanks sappyconifer... but like i posted, you must seek a qualified lawyer or go to uscis. gov if you need more info... here is some info that i got from the uscis. gov website
    _______________________________________________________________________________________________

    What is the Purpose of This Form?
    Conditional Resident Children.
    I-751, Petition to RemoveConditions on Residence
    You entered the marriage in good faith, but your spousesubsequently died;
    You entered the marriage in good faith, but the marriage waslater terminated due to divorce or annulment;
    The termination of your status and removal would result inextreme hardship.
    You entered the marriage in good faith and have remainedmarried, but have been battered or subjected to extremecruelty by your U.S. citizen or permanent resident spouse; or
    Department of Homeland SecurityU.S. Citizenship and Immigration Services
    Form I-751 Instructions (Rev. 08/01/06) N
    Who May File This Petition?
    This form is for a conditional resident who obtained such statusthrough marriage to petition to the U.S. Citizenship andImmigration Services (USCIS) to remove the conditions on hisor her residence. USCIS is comprised of offices of the formerImmigration and Naturalization Service (INS).
    If you were granted conditional resident status through marriageto a U.S. citizen or permanent resident, use this form to petitionfor the removal of those conditions.If you are still married, the petition should be filed jointly by youand the spouse through whom you obtained conditional status.However, you may apply for a waiver of this joint filingrequirement if:
    What Are the General Filing Instructions?
    Translations. Any foreign language document must beaccompanied by a full English translation that the translator hascertified as complete and correct, and by the translator'scertification that he or she is competent to translate the foreignlanguage into English.
    Please answer all questions by typing or clearly printing in blackink. Indicate that an item is not applicable with "N/A." If ananswer is "none," write "none." If you need extra space toanswer any item, attach a sheet of paper with your name andyour Alien Registration Number (A#), and indicate the numberof the item to which the answer refers. You must file yourpetition with the required initial evidence. Your petition must beproperly signed and accompanied by the correct fees. If you areunder 14 years of age, your parent or guardian may sign thepetition on your behalf.
    Copies. If these instructions state that a copy of a document maybe filed with this petition and you choose to send us the original,we may keep that original for our records.
    What Initial Evidence Is Required?
    1. Permanent Resident Card.You must file your petition with a copy of your PermanentResident Card or Alien Registration Card, and a copy of thePermanent Resident or Alien Registration cards of any ofyour conditional resident children you are including in yourpetition. Submit copies of both front and back sides of thecard.
    OMB No. 1615-0038; Expires 09/30/08
    In Part 5 of this petition, please make sure to include anyconditional resident children applying with you in order to havetheir conditional basis removed, or they may file separately.Please remember to provide their A-number.
    2. Biometric Services.Applicants will now have their photograph, fingerprints andsignature taken by USCIS. When you file Form I-751, USCISwill notify you in writing of the date, time and location whereyou must go for the required biometric services. Failure toappear for the biometric services may result in a denial ofyour application.NOTE: Because USCIS is now taking photographs ofapplicants, you no longer need to submit two passport-stylephotos with your petition. Exception: those who resideoverseas pursuant to military or government orders mustcontinue to submit passport-style photos.
    3. Evidence of the Relationship.Submit copies of documents indicating that the marriageupon which you were granted conditional status was enteredin ''good faith'' and was not for the purpose of circumventingimmigration laws. Submit copies of as many documents asyou wish to establish this fact and to demonstrate thecircumstances of the relationship from the date of themarriage to the present date, and to demonstrate anycircumstances surrounding the end of the relationship, if ithas ended. The documents should cover, but not limited to,the period from the date of your marriage to the filing of thispetition. Examples of such documents are:
    Birth certificate(s) of child(ren) born to the marriage.
    Lease or mortgage contracts showing joint occupancyand/or ownership of your communal residence.
    Financial records showing joint ownership of assets andjoint responsibility for liabilities, such as joint savingsand checking accounts, joint federal and state tax returns,insurance policies that show the other spouse as thebeneficiary, joint utility bills, joint installments or otherloans.
    Other documents you consider relevant to establish thatyour marriage was not entered into in order to evade theU.S. immigration laws.
    Form I-751 Instructions (Rev. 08/01/06) N Page 2
    If you are filing to waive the joint filing requirementbecause your marriage has been terminated, also submit acopy of the divorce decree or other document terminating orannulling the marriage with your petition.
    If you are filing to waive the joint filing requirement due tothe death of your spouse, also submit a copy of the deathcertificate with your petition.
    Affidavits sworn to or affirmed by at least two peoplewho have known both of you since your conditionalresidence was granted and have personal knowledge ofyour marriage and relationship. (Such persons may berequired to testify before an immigration officer as to theinformation contained in the affidavit.) The originalaffidavit must be submitted and also contain the followinginformation regarding the person making the affidavit:his or her full name and address; date and place of birth;relationship to you or your spouse, if any; and fullinformation and complete details explaining how theperson acquired his or her knowledge. Affidavits must besupported by other types of evidence listed above.
    If you are filing to waive the joint filing requirement becauseyou and/or your conditional resident child were battered orsubjected to extreme cruelty, also file your petition with thefollowing:
    Evidence of the physical abuse, such as copies of reportsor official records issued by police, judges, medicalpersonnel, school officials and representatives of socialservice agencies, and original affidavits as described underEvidence of the Relationship; or
    A copy of your divorce decree, if your marriage wasterminated by divorce on grounds of physical abuse orextreme cruelty.
    Evidence of the abuse, such as copies of reports or officialrecords issued by police, courts, medical personnel, schoolofficials, clergy, social workers and other social serviceagency personnel. You may also submit any legaldocuments relating to an order of protection against theabuser or relating to any legal steps you may have taken toend the abuse. You may also submit evidence that yousought safe haven in a battered women's shelter or similarrefuge, as well as photographs evidencing your injuries.
    If you are filing for a waiver of the joint filing requirementbecause the termination of your status and removal wouldresult in ''extreme hardship", you must submit with yourpetition evidence that your removal would result in hardshipsignificantly greater than the hardship encountered by otheraliens who are removed from this country after extended stays.The evidence must relate only to those factors that arose sinceyou became a conditional resident.
    If you are a child filing separately from your parent, alsosubmit your petition with a full explanation as to why you arefiling separately, along with copies of any supportingdocumentation.
    4. Criminal History.If you have ever been arrested or detained by any lawenforcement officer for any reason, and no charges werefiled, submit:
    An original official statement by the arresting agency orapplicable court order confirming that no charges werefiled.
    If you have ever been arrested or detained by any lawenforcement officer for any reason, and charges were filed,or if charges were filed against you without an arrest, submit:
    An original or court-certified copy of the complete arrestrecord and/or disposition for each incident, (e.g. dismissalorder, conviction record or acquittal order).
    If you have ever been convicted or placed in an alternativesentencing program or rehabilitative program (such as a drugtreatment or community service program), submit:
    An original or court-certified copy of your sentencingrecord for each incident, and
    Evidence that you completed your sentence, specifically:
    -- An original or certified copy of your probationor parole record, or
    -- Evidence that you completed an alternative sentencingprogram, or rehabilitative program set aside, sealed,expunged or otherwise removed from your record, submit:
    An original or court-certified copy of the court ordervacating, setting aside, sealing expunging or otherwiseremoving the arrest or conviction, or
    An original statement from the court that no record existsof your arrest or conviction.
    NOTE: Unless a traffic incident was alcohol or drug related,you do not need to submit documentation for traffic fines andincidents that did not involve an actual arrest if the onlypenalty was a fine of less than $500.00 and or points on yourdrivers license.
    1. Filing jointly. If you are filing this petition jointly withyour spouse, you must file it during the 90 days immediatelybefore the second anniversary of the date you were accordedconditional resident status. This is the date your conditionalresidence expires.
    When Should I File the Petition?
    Form I-751 Instructions (Rev. 08/01/06) N Page 3
    2. Filing with a request that the joint filing requirement bewaived. You may file this petition at any time after you aregranted conditional resident status and before you are removed.
    USCIS Vermont Service Center75 Lower Welden StreetSt. Albans, VT 05479-0001
    If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,Louisiana, Mississippi, New Mexico, North Carolina,Oklahoma, South Carolina, Tennessee or Texas, mail yourpetition to:
    USCIS Texas Service CenterP.O. Box 850965,Mesquite, TX 75185-0965
    If you live in Arizona, California, Guam, Hawaii or Nevada,mail your petition to:
    USCIS California Service CenterP.O. Box 10751Laguna Niguel, CA 92607-0751
    If you live elsewhere in the United States mail your petition to:
    USCIS Nebraska Service CenterP.O. Box 87751Lincoln, NE 68501-7751
    What Is the Fee?
    3. Effect of not filing. If this petition is not filed, you willautomatically lose your permanent resident status as of thesecond anniversary of the date on which you were grantedconditional status. You will then become removable from theUnited States. If your failure to file was through no fault ofyour own, you may file your petition late with a writtenexplanation and request that USCIS excuse the late filing.Failure to file before the expiration date may be excused if youdemonstrate when you submit the application that the delay wasdue to extraordinary circumstances beyond your control and thatthe length of the delay was reasonable.
    NOTE: If you or your spouse are currently serving with oremployed by the U.S. Government, either in a civilian ormilitary capacity and assigned outside the United States, mailyour petition to the USCIS Service Center having jurisdictionover your residence of record in the United States. Include acopy of the U.S. Government orders assigning you and yourspouse abroad.
    The fee for this petition is $205.00.
    If you live in Connecticut, Delaware, District of Columbia,Maine, Maryland, Massachusetts, New Hampshire, New Jersey,New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont,Virgin Islands, Virginia or West Virginia, mail your petition to:
    Where Should You File the Petition?
    If you live in Guam, make your check or money orderpayable to the "Treasurer, Guam."
    If you live in the U.S. Virgin Islands, make your check ormoney order payable to the "Commissioner of Finance of theVirgin Islands."
    Except:
    The fee must be submitted in the exact amount. It cannot berefunded. Do not mail cash.
    All checks and money orders must be drawn on a bank or otherinstitution located in the United States and must be payable inUnited States currency. The check or money order should bemade payable to the U.S. Department of Homeland Security.
    Do not use the initials USDHS or DHS on your check ormoney order.
    The fee for biometric services is $70.00.
    You may submit one check or money order for both thepetition and biometric services, for a total of $275.00.NOTE: All applicants, regardless of age, are required tosubmit the $70.00 biometric services fee.
    Checks are accepted subject to collection. An uncollectedcheck will render the petition and any document issuedinvalid. A charge of $30.00 will be imposed if a check inpayment of a fee is not honored by the bank on which it isdrawn.
    How to Check If the Fee Is Correct.
    The fee on this form is current as of the edition date appearingin the lower right corner of this page. However, becauseUSCIS fees change periodically, you can verify if the fee iscorrect by following one of the steps below:
    Visit our website at www.uscis.gov and scroll down to"Forms and E-Filing" to check the appropriate fee, or
    Review the Fee Schedule included in your form package,if you called us to request the form, or
    Telephone our National Customer Service Center at1-800-375-5283 and ask for the fee information.
    Processing Information.
    Acceptance. Any petition that is not signed or accompaniedby the correct fee will be rejected with a notice that thepetition is deficient. You may correct the deficiency andresubmit the petition. A petition is not considered properlyfiled until accepted by USCIS.
    Requests for more information or interview. We may requestmore information or evidence, or we may request that youappear at a USCIS office for an interview. We may also requestthat you submit the originals of any copies. We will returnthese originals when they are no longer required.
    We ask for the information on this form and associatedevidence to determine if you have established eligibility forthe immigration benefit you are seeking. Our legal right to askfor this information is in 8 USC 1184, 1255 and 1258. Failureto provide this information and any requested evidence maydelay a final decision or result in denial of your request.
    Initial processing. Once a petition has been accepted, it will bechecked for completeness, including submission of the requiredinitial evidence. If you do not completely fill out the form orfile it without the required initial evidence, you will notestablish a basis for eligibility and we may deny your petition.
    Decision. You will be advised in writing of the decision on yourpetition.
    Penalties.
    If you knowingly and willfully falsify or conceal a material factor submit a false document with this request, we will deny thebenefit you are filing for and may deny any other immigrationbenefit. In addition, you will face severe penalties provided bylaw and may be subject to criminal prosecution.
    Privacy Act Notice.
    All the information provided on this form, includingaddresses, are protected by the Privacy Act and the Freedomof Information Act. This information may be released to othergovernment agencies. However, the information will not bereleased in any form whatsoever to a third party who requestsit without a court order, or without your written consent. Inthe case of a child, the written consent must be provided bythe parent or legal guardian who filed the form on the child'sbehalf.
    Form I-751 Instructions (Rev. 08/01/06) N Page 4
    Paperwork Reduction Act Notice.
    We try to create forms and instructions that are accurate, canbe easily understood and that impose the least possible burdenon you to provide us with information. Often this is difficultbecause some immigration laws are very complex. Theestimated average time to complete and file this application isas follows: (1) 15 minutes to learn about the law and form;(2) 75 minutes to complete the form; and (3) 110 minutes toassemble and file the petition; for a total estimated average of3 hours and 20 minutes per petition. If you have commentsregarding the accuracy of this estimate, or suggestions formaking this form simpler, write to the U.S. Citizenship andImmigration Services, Regulatory Management Division, 111Massachusetts Ave, N. W., 3rd FLR. , Suite 3008,Washington, DC 20529; OMB No. 1615-0038. Do not mailyour completed petition to this address.
    To order USCIS forms, call our toll-free forms line at1-800-870-3676. You can also obtain USCIS forms andinformation on immigration laws, regulations or proceduresby calling our National Customer Service Center at1-800-375-5283 or visiting our internet website at www.uscis.gov.
    Do You Need USCIS Forms or Information?
    As an alternative to waiting in line for assistance at your localUSCIS office, you can now schedule an appointment throughour internet-based system, InfoPass. To access the system,visit our website at www.uscis.gov. Use the InfoPassappointment scheduler and follow the screen prompts to setup your appointment. InfoPass generates an electronicappointment notice that appears on the screen. Print the noticeand take it with you to your appointment. The notice gives thetime and date of your appointment, along with the address ofthe USCIS office.
    Use InfoPass to Make an Appointment.
    Reloc Sent
    Resubmitted
    START HERE - Please type or print in black ink.
    Part 1. Information about you.
    Department of Homeland SecurityU.S. Citizenship and Immigration Services
    For USCIS Use Only
    Returned
    Date
    Date
    Date
    Date
    Date
    Date
    Date
    Date
    Reloc Rec'd
    Receipt
    Action Block
    Attorney or Representative, if any.
    To Be Completed by
    Fill in box if G-28 is attachedto represent the applicant.
    Remarks
    ATTY State License #
    PetitionerInterviewedon
    Form I-751 (Rev. 08/01/06)N
    Family Name (Last Name)
    Given Name (First Name)
    Full Middle Name
    C/O: (In Care Of)
    City
    Address: (Street Number and Name)
    Zip/Postal Code
    State/Province
    Country
    Apt. #
    Date of Birth (mm/dd/yyyy)
    Country of Birth
    City
    Zip/Postal Code
    State/Province
    Country
    C/O: (In Care Of)
    Mailing Address, if different than above: (Street Number and Name)
    Apt. #
    My conditional residence is based on my marriage to a U.S. citizen or permanent resident,and we are filing this petition together.
    a.
    My spouse is deceased.
    b.
    d.
    c.
    I am a child who entered as a conditional permanent resident and I am unable to be includedin a joint petition to remove the conditional basis of are alien's permanent residence (Form1-751) filed by my parent(s).
    e.
    f.
    g.
    OMB No. 1615-0038; Expires 09/30/08
    I am a conditional resident spouse who entered a marriage in good faith, and during themarriage I was battered by or was the subject of extreme cruelty by my U.S. citizen orpermanent resident spouse or parent.
    I entered into the marriage in good faith but the marriage was terminated through divorce/annulment.
    My conditional residence is based on my marriage to a U.S. citizen or permanent resident, but I amunable to file a joint petition and I request a waiver because: (Check one.)
    Part 2. Basis for petition. (Check one.)
    Country of Citizenship
    Alien Registration Number (#A)
    Social Security # (if any)
    Conditional Residence Expires on (mm/dd/yyyy)
    Daytime Phone # (Area/Country Codes)
    OR
    The termination of my status and removal from the United States would result in an extremehardship.
    I am a conditional resident child who was battered by or subjected to extreme cruelty by myU.S. citizen or conditional resident parent(s).
    I-751, Petition to RemoveConditions on Residence
    A # (if any)
    Living with you?
    If in U.S., give address/immigration status
    Part 3. Additional information about you.
    1.
    Other Names Used (including maiden name):
    2.
    Date of Marriage (mm/dd/yyyy)
    5.
    Are you in removal, deportation or rescission proceedings?
    6.
    Was a fee paid to anyone other than an attorney in connection with this petition?
    Yes
    No
    Yes
    No
    7.
    Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating anylaw or ordianance (excluding traffic regulations), or committed any crime which you were not arrested inthe United States or abroad?
    8.
    If you are married, is this a different marriage than the one through which conditional residence status wasobtained?
    Yes
    No
    Yes
    No
    9.
    Have you resided at any other address since you became a permanent resident? (If yes, attach a list of alladdresses and dates.)
    Yes
    No
    Is your spouse currently serving with or employed by the U.S. government and serving outside the United States?
    Yes
    No
    10.
    Part 4. Information about the spouse or parent through whom you gained your conditional residence.
    Address
    Family Name
    First Name
    Middle Name
    Date of Birth (mm/dd/yyyy)
    Social Security # (if any)
    A# (if any)
    Part 5. Information about your children. List all your children. Attach other sheet(s) if necessary.
    Name (First/Middle/Last)
    Yes
    No
    Yes
    No
    Yes
    No
    Yes
    No
    Yes
    No
    Part 6. Signature.
    Read the information on penalties in the instructions before completing this section. If you checked block"a" in Part 2, your spouse must also sign below.
    I certify, under penalty of perjury of the laws of the United States of America, that this petition and the evidence submitted with it is all true andcorrect. If conditional residence was based on a marriage, I further certify that the marriage was entered in accordance with the laws of the placewhere the marriage took place and was not for the purpose of procuring an immigration benefit. I also authorize the release of any information frommy records that the U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit sought.
    Date (mm/dd/yyyy)
    Signature
    Print Name
    Date (mm/dd/yyyy)
    Signature of Spouse
    Print Name
    NOTE: If you do not completely fill out this form or fail to submit any required documents listed in the instructions, you may not be found eligiblefor the requested benefit and this petition may be denied.
    Part 7. Signature of person preparing form, if other than above.
    I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.
    Signature
    Print Name
    Date (mm/dd/yyyy)
    Firm Name and Address
    Daytime Phone Number(Area/Country Codes)
    3.
    Place of Marriage
    4.
    If your spouse is deceased, give the date of death (mm/dd/yyyy)
    Form I-751 (Rev. 08/01/06) N Page 2
    Date of Birth (mm/dd/yyyy)
    If you answered "Yes" to any of the above, provide a detailed explanation on a separate sheet(s) of paper and refer to "What Initial Evidence Is Required?" to determinewhat criminal history documentation to include with your petition. Place your name and Alien Registration Number (A#) at the top of each sheet and give the number ofthe item that refers to your response.
    E-Mail Address(If any)

  6. #6
    Kindheart, you can visit www.USImmigrationForAll.com for professional help, along with form I-751 there are some documents you and your spouse must provide.

    All the best!
    Frank G. Becker & Associates
    www.USImmigrationForAll.com

Similar Threads

  1. pls help!
    By chizza in forum Immigration Discussion
    Replies: 11
    Last Post: 10-18-2006, 08:02 PM
  2. pls. help!
    By chizza in forum Immigration Discussion
    Replies: 2
    Last Post: 10-14-2006, 09:08 PM
  3. Help me pls
    By cheezy in forum Immigration Discussion
    Replies: 2
    Last Post: 10-05-2006, 10:30 AM
  4. help pls
    By in forum Immigration Discussion
    Replies: 2
    Last Post: 03-09-2003, 09:14 PM
  5. pls help me
    By in forum Immigration Discussion
    Replies: 4
    Last Post: 03-06-2003, 07:36 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: