What Now?...I'm totally confused!

Married in Colombia October 2005 and my wife arrived April 15, 2006 on her K-3 Visa. We decided to submit the I-751, Petition to Remove Conditions on Residence on December 2006 and the petition was promptly return on the same month with their cover letter stating the following:

"We are unable to verify your status at this time. In order to expedite your petition, please provide a copy of one of the following: Your I-551 Alien Registration Card (front and Back), your stamped passport page which clearly shows your immigration status with a copy of the page with your biographical information, and/or any correspondence from CIS indicating that you have adjusted to Conditional Resident Status"

I return the complete package (petition) with a copy of her passport as requested (needless to say that information was already in the initial package) and about a week later the petition was again returned with the following cover letter:

"A review of our records indicates your status to be K-3. You are not a conditional permanent resident (CR-1, CR-2, CR-6, CR-7). Therefore there is no need for you to file Form I-751"

We have not received any additional correspondence from Immigration Service prior to submitting the Adjustment of Status Petition. I am totally lost at this point. I thought that after submitting the I-130, I-129F and preparing for the Embassy Interview that I had everything under control...WRONG!!

WHAT DID I MISS????

You missed filing I-485 Adjustment of Status to become a permanent resident.

If your AOS approval comes after being married for 2 years, you will not need to lift conditions later.

If your AOS approval comes before being married for 2 years, you will need to file to lift conditions before the 2 year anniversary of conditional status. (Can be filed up to 90 days before the 2 year mark)

The OP stated that her submitted the AOS petition. Back in the day...when I filed, you had to wait for an I-130 to be approved prior to submitting the I-485. Recent posters have told me that I am wrong and that this is not true. Maybe the rules changed...they do frequently!

t

The OP did not file to adjust status....the OP missed a whole vital step.

I don't see where they state they ever submitted an I-485. I don't think they did.

The OP appears to have the I-751 removal of conditions confused with AOS and never actually sumbitted the I-485 AOS.

Looks like they did not do AOS so are still in K3 status.... they need to file for AOS asap.... given the fact that they have been married for more than 2 years they should get 10 year greencard....

so no filing for removal of conditions will be needed... but they must do AOS...

Kez

They have not been married for 2 years yet.
The K-3 is still in valid status.
They need to file AOS before the expiration of the I-94.

Me Bad..... got mixed up with my dates....

Kez

From the original post=====> "We have not received any additional correspondence from Immigration Service prior to submitting the Adjustment of Status Petition. " sounds like he filed to me?

t

I believe the OP filed only the I-751 thinking that was what was required to adjust status.

Could be...looking again at his post it could be taken several ways...
t

t,

winstonej45 stated no such thing. They clearly stated that what they submitted was "the I-751, Petition to Remove Conditions on Residence"

Taking it one step further, the thread title indicates that winstonej45 has no idea what they're doing.

Yodrak

deleted - duplicate post

Thank-you friends for the input. The fact is that I submitted the I-751 instead of the I-485. Still plenty of time to file. I learned a valuable lesson...."Talk to you first BEFORE spinning my wheels" and "When all else fails...read instructions"

Thanks again!

Edward