View Full Version : Removal of conditions on a green card holder.. form I 751
Baiteh
Feb 8, 2010, 10:33 PM
To lawanwadee and legal experts'panel
1.Does one have to necessarily file a JOINT return with the spouse as part of evidence that the maariage is in good faith?. what if we file separetely but married ,since everyone has a different taxation scenario?. and would come better o e way or the other?
2.Is a sworn affidavit a requirement ,or it is one of the many aspects of evidence to be adduced to the immigration?
3.How early can one apply for removal of conditions?
4.Is another interveiw necessary before the removal of the 2 year condition?
Please advise.
Thank you legal team for all you do for us!
Looking forward to hearing from you on any tips on how to approach the second phase.
lawanwadee
Feb 9, 2010, 08:17 AM
Filing tax return jointly is not mandatory but it's strongly recommended from immigration point of view, unless you have much more supported documents that you are living together as husband and wife.
Sworn affidavits are a must have... very important.
You must submit I-751 within 90 days before expiration date on your card... don't miss this window.
There may be an interview or maybe not, depending on supported documents you submit. Insufficient evidences always result in a one year extension of your existing green card, so it's worth paying more attention to details. Good luck.
Baiteh
Feb 9, 2010, 10:02 PM
.. Thank you so much Lawanwadee
Baiteh
Feb 9, 2010, 10:09 PM
Lawanwadee:
First off thanks for the exemplary services you render us,
.. Now I had another question here that pertains to earlier one,
*Does one need an immigration lawyer to set up the files again to lift the conditions or one can just just fill out the information follow the instructions and furnish the immigration office with evidence?
Thank you again.
lawanwadee
Feb 9, 2010, 10:36 PM
If you still live together as husband and wife, and you have sufficient supported documents, you don't need immigration attorney.. but if you separated or are filing a divorce, etc. It would be wise to consult immigration attorney first.
Baiteh
Feb 10, 2010, 12:06 AM
LAWANWADEE
Evidence we have will be things like (I have utility bills , all our active bank accounts ,our first tax return was done married but filing separately,. I intend to file this years joint,(my two years condition end in December 2010).. do I need taxes for both years?. and if I do is it in order to file separately?. we have other pieces like joint life insurance ,home and car insurance in both our names and our driver's licence)
B-now my card expiration being the first week of January when can I start filling these forms out and send them out?. Someone was telling me as early as the 16 month of your marriage anniversary.. I personally thought was way further out of the 90day window.. I just thought I should check with the legal expert
Thanks again
lawanwadee
Feb 10, 2010, 04:48 AM
"Two years" in this case means 2 years from the date the card was issued, not the date you got married.
I don't understand what you mean by "my card expiration being the first week of January.." When exactly is the exp date?
Baiteh
Feb 10, 2010, 11:28 AM
.. lawanwadee... the card expiration is on jan 07 2010.. sorry about the miscue
Baiteh
Feb 10, 2010, 11:38 AM
LAWANWADEE:
This is (Baiteh's )followup to an earlier thread I had posted... the two year card expiration is on jan 07 2010.. sorry about the miscue
I believe this will shed more light as you prepare to answer the questions I had on the post
Thanks!
lawanwadee
Feb 10, 2010, 07:34 PM
If the card expires on Jan07, 2010, you're supposed to file I-751 on the first week of October 2009. You already missed the 90 days window..
Baiteh
Aug 14, 2010, 07:26 PM
Lanwadee and other legal experts:
Am about to lift the conditions on my temp GCard issued in feb 21 2009... we still have together and we feel we have enough evidence thus far... my spouse
[wife] had a child that we listed before... on our initial filing process.We don't have a baby yet, of course owing to our busy schedules.. there's a space on the form I -751 that calls for "listing all our children".. do I list the kid again although am not the father,or I should live that as N/A since the process dwells entirely on the period after our marriage?. I just didn't want to make a fatal mistake when filling that part.. and when exactly should I put the package together?. do we do personal check for payment or money order..?. will a check add more weight.. since it will have both our names listed on it?. do I need to send also a voided check as part of my evidence?
***do I need to get all that evidence from 09... or it could be any time within the period?. should I "scatter" the months to cove that.. or I could pick evidence ,say for the last 6 manths?
... please advise!
Baiteh
lawanwadee
Aug 15, 2010, 08:47 PM
If your wife has a child from her previous marriage, list the child's name on I-751.
You should file I-751 within 90 days before expiration date on her green card. If you do it out of this time frame, it will likely be delayed and difficult to follow up.
If payment is made with personal check, as soon as the check is deposited, you will see case# on the back of the check (look at copy in your online statement), then it will be easy to check case status and follow up.
Submit all evidence in both names such as bills, bank statements, etc. the more the better. Good luck.
Baiteh
Aug 16, 2010, 06:05 AM
Thanks lawanwadee... the lady was not married she was a single mom and she is the one sponsoring me by virtue of being a citizen.So I should still list her 8 yr old son though she was single right?
Baiteh
Aug 16, 2010, 06:06 AM
Thanks lawanwadee... the lady was not married she was a single mom and she is the one sponsoring me by virtue of being a citizen.So I should still list her 8 yr old son on I-751 though she was single then right?
NYcityboy
Aug 16, 2010, 09:53 AM
Thanks lawanwadee....the lady was not married she was a single mom and she is the the one sponsoring me by virtue of being a citizen.So i should still list her 8 yr old son on I-751 though she was single then right?
The child is hers, so list the child.
Baiteh
Aug 16, 2010, 09:06 PM
.. Thanks for the insight city boy!That helps a great deal
Baiteh
Sep 24, 2010, 02:42 AM
Lawanwadee
... on I 751... who should be writing the cover letter in the petition?. is it the united citizen on my behalf?. I have seen some very contradicting theories online.Is that cover letter that crucial anyway as far as long as your evidence package and relevant forms are neat and organized?Please advice
Thanks
Baiteh
Sep 24, 2010, 02:56 AM
Lawanwadee and other legal experts :
Who writes and signs the cover letter for lifting conditons on i751 ?is it my US citizen that filed for me or myself the conditional resident!After all is this Cover letter .necessary as long as the evidence package in done amply and the relevant fees and forms set in order?
Please advise.
Thanks