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VisaJourney.com > General Family Based Immigration Topics > Removing Conditions on Residency General Discussion

areyaar
Hello, I am a US citizen and my wife came into this country on a K3 Visa. She got her 2 year Conditional Green Card in Jan 2005, and we filed the I-751 petition in a timely manner. In Feb 2007, she had her biometrics done.

After that, we have heard nothing. I called USCIS in July, and they said I have to wait 180 days. So I called them again in September, and was unable to get through. Finally, I got through to them but they said she needed to be there with me on the phone. So then we called them together. I asked them about the status of her Petition to Remove Conditions and they said there was no update, and that he going to put in a service request. He said if I don’t hear anything within 60 days to call them back.

Well, here is the problem: my wife’s GC originally expired Jan 12, 2007. Now, with the one year extension from filing the 751, she’s only legally allowed to work and be in this country until Jan 12, 2008. The person I spoke to suggested I schedule an Infopass appointment and to get a stamp from them to extend her conditional green card.

So, on Monday, Jan 7, we have an Infopass appointment. What should I expect? How often does this happen, where they don’t get back to you within the one year extension? And how easily are these stamps that he referred to given out? Should I take everything with me that I submitted with the 751 (all the evidence of a bona fide marriage)?

I am very concerned because if the local office in Chicago does not extend her conditional green card, then (I believe) she can no longer be here past Jan 12, 2008. Please help with suggestions, or advice, as to how we should proceed.

Thanks!
YuAndDan
QUOTE
You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp is you have another type of evidence of status (ie, expired Green Card + extension letter).
http://www.visajourney.com/forums/index.ph...p;page=751guide

AN LPR is AN LPR until DHS says other-wise.
mawilson
areyaar,

Why don't you just file for naturalization (Form N-400)?

It's a good way to force the adjudication of your pending I-751.

tweety
QUOTE(mawilson @ Jan 3 2008, 05:33 PM) *
areyaar,

Why don't you just file for naturalization (Form N-400)?

It's a good way to force the adjudication of your pending I-751.


waiting 16-18 months for N400 approval is what you call forcing adjudication of I751? don't think it would speed anything up.... And not everyone wants to naturalize anyway.
mawilson
QUOTE(tweety @ Jan 3 2008, 06:41 PM) *
waiting 16-18 months for N400 approval is what you call forcing adjudication of I751? don't think it would speed anything up.... And not everyone wants to naturalize anyway.

Where did you get 16-18 months? The official timeframe is 7 months.

Agana GU: 7 Months
Albany NY: 7 Months
Albuquerque NM: 7 Months
...
New York City: 7 Months
...
mawilson
QUOTE(tweety @ Jan 3 2008, 06:41 PM) *
And not everyone wants to naturalize anyway.

Only those who stand to lose their original citizenship, e.g. Germans, Japanese, Chinese, etc.

Otherwise there's no harm in naturalization.
tweety
QUOTE(mawilson @ Jan 3 2008, 05:55 PM) *
QUOTE(tweety @ Jan 3 2008, 06:41 PM) *
waiting 16-18 months for N400 approval is what you call forcing adjudication of I751? don't think it would speed anything up.... And not everyone wants to naturalize anyway.

Where did you get 16-18 months? The official timeframe is 7 months.

Agana GU: 7 Months
Albany NY: 7 Months
Albuquerque NM: 7 Months
...
New York City: 7 Months
...


from the USCIS website:
http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD
"...As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process...."
mawilson
QUOTE(tweety @ Jan 3 2008, 06:59 PM) *
from the USCIS website:
http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD
"...As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process...."

Something's wrong with this picture:

"The agency is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload.

As a result, average processing times for certain application types may become longer."

Let me get this straight. They are focusing increased resources and hiring more employees, and as a result,
the processing times may become longer?

Sounds like USCIS alright. LOL
areyaar
Thanks for your help. Looks like YuAndDan's response answers my question. I am curious, where exactly does visajourney get this info from?

As you can imagine, I am still a little apprehensive. Is there anyone else out there that has had a similar experience as mine or heard about something like this? Thanks!
tweety
QUOTE(areyaar @ Jan 5 2008, 01:44 AM) *
Thanks for your help. Looks like YuAndDan's response answers my question. I am curious, where exactly does visajourney get this info from?

As you can imagine, I am still a little apprehensive. Is there anyone else out there that has had a similar experience as mine or heard about something like this? Thanks!


Which service center did you apply to? Nebraska? Texas?
There is many others who are still waiting.
Look at the last posts in this thread for reference:
http://www.visajourney.com/forums/index.ph...5&start=615

mawilson
QUOTE(tweety @ Jan 3 2008, 07:59 PM) *
QUOTE(mawilson @ Jan 3 2008, 05:55 PM) *
QUOTE(tweety @ Jan 3 2008, 06:41 PM) *
waiting 16-18 months for N400 approval is what you call forcing adjudication of I751? don't think it would speed anything up.... And not everyone wants to naturalize anyway.

Where did you get 16-18 months? The official timeframe is 7 months.

Agana GU: 7 Months
Albany NY: 7 Months
Albuquerque NM: 7 Months
...
New York City: 7 Months
...


from the USCIS website:
http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD
"...As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process...."

So Tweety, looks like your 16-18 months estimate was crap after all.

Take a look at the February 2008 Filers thread - most applications are being processed within 4-5 months.
Sister Fracas
QUOTE(mawilson @ May 8 2008, 02:43 PM) *
QUOTE(tweety @ Jan 3 2008, 07:59 PM) *
QUOTE(mawilson @ Jan 3 2008, 05:55 PM) *
QUOTE(tweety @ Jan 3 2008, 06:41 PM) *
waiting 16-18 months for N400 approval is what you call forcing adjudication of I751? don't think it would speed anything up.... And not everyone wants to naturalize anyway.

Where did you get 16-18 months? The official timeframe is 7 months.

Agana GU: 7 Months
Albany NY: 7 Months
Albuquerque NM: 7 Months
...
New York City: 7 Months
...


from the USCIS website:
http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD
"...As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process...."

So Tweety, looks like your 16-18 months estimate was crap after all.

Take a look at the February 2008 Filers thread - most applications are being processed within 4-5 months.

took you 4 months to get in this snappy reply?
mawilson
QUOTE(Sister Fracas @ May 8 2008, 04:29 PM) *
QUOTE(mawilson @ May 8 2008, 02:43 PM) *
QUOTE(tweety @ Jan 3 2008, 07:59 PM) *
QUOTE(mawilson @ Jan 3 2008, 05:55 PM) *
QUOTE(tweety @ Jan 3 2008, 06:41 PM) *
waiting 16-18 months for N400 approval is what you call forcing adjudication of I751? don't think it would speed anything up.... And not everyone wants to naturalize anyway.

Where did you get 16-18 months? The official timeframe is 7 months.

Agana GU: 7 Months
Albany NY: 7 Months
Albuquerque NM: 7 Months
...
New York City: 7 Months
...


from the USCIS website:
http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD
"...As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process...."

So Tweety, looks like your 16-18 months estimate was crap after all.

Take a look at the February 2008 Filers thread - most applications are being processed within 4-5 months.

took you 4 months to get in this snappy reply?

Took 4 months to realize that he/she was wrong.
russian_armenian
If application is pending they would give I-551 stamp. She is still permanent resident and has not overstayed anything. She is legal. Why not to send N-400. Some Indian do wait for years because of name problems. She might get N-400 and i-751 adjudicated at the same interview.

QUOTE(areyaar @ Jan 3 2008, 06:33 PM) *
Hello, I am a US citizen and my wife came into this country on a K3 Visa. She got her 2 year Conditional Green Card in Jan 2005, and we filed the I-751 petition in a timely manner. In Feb 2007, she had her biometrics done.

After that, we have heard nothing. I called USCIS in July, and they said I have to wait 180 days. So I called them again in September, and was unable to get through. Finally, I got through to them but they said she needed to be there with me on the phone. So then we called them together. I asked them about the status of her Petition to Remove Conditions and they said there was no update, and that he going to put in a service request. He said if I don’t hear anything within 60 days to call them back.

Well, here is the problem: my wife’s GC originally expired Jan 12, 2007. Now, with the one year extension from filing the 751, she’s only legally allowed to work and be in this country until Jan 12, 2008. The person I spoke to suggested I schedule an Infopass appointment and to get a stamp from them to extend her conditional green card.

So, on Monday, Jan 7, we have an Infopass appointment. What should I expect? How often does this happen, where they don’t get back to you within the one year extension? And how easily are these stamps that he referred to given out? Should I take everything with me that I submitted with the 751 (all the evidence of a bona fide marriage)?

I am very concerned because if the local office in Chicago does not extend her conditional green card, then (I believe) she can no longer be here past Jan 12, 2008. Please help with suggestions, or advice, as to how we should proceed.

Thanks!

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