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

tamz
It's been a long time since I've posted on VJ, I feel like a noobie all over again. lol

While getting my daughter ready for her flight to visit her father in Canada, I realized that our conditional green cards expire April 10th, so I need to send I-751 by January 10th.

I printed out the instructions and have started gathering my documents so my husband and I can file the I-751, but I have a few questions/concerns

First, I am 34 weeks pregnant, but I am being induced on Dec 28th. I doubt I'll get her birth certificate in time, even if I mail it right after she's born..what can I send in the birth certificates place?

Second, I've ordered 2005, 2006 tax transcripts from the IRS, do I need to or should I also send in W2s and 1040's with it or is the transcript alone enough?

Third, If I read the instructions correctly, my K2 daughter (age 9) can be included on our joint I-751 and I only have to pay the bio fee, not an additional application fee for her, is this correct?

Other then joint bank accounts, tax transcripts, credit cards, car titles, insurance, cell phone bill, power bill, and few other utitities in both our names..am I forgetting anything important?

Thanks

Tamz rose.gif
YuAndDan
For First question, why not file the I-751 before birth, the forms need to list children before filing not after.

For your second question you don't need to provide (1040/W2/1099) if sending in a copy of tax transcript, they just need to see joint filing of taxes.

Third: Yes you are correct.

QUOTE
NOTE: Each conditional resident dependent, eligible to be included on the principal applicant's Form I-751 and listed under Part 5 of Form I-751, is required to submit an additional biometric services fee of $80.00, including dependents residing overseas pursuant to military or government orders, regardless of age.


tamz
QUOTE(YuAndDan @ Nov 28 2007, 10:17 AM) *
For First question, why not file the I-751 before birth, the forms need to list children before filing not after.


If I send my I-751 before she is born isnt that too soon? She will be born before the 90 days immediately before the 2nd anniversary of getting conditional residence so I'll be required to include her even tho she will be less then 2 weeks old when I file.
Haole
QUOTE(tamz @ Nov 28 2007, 06:48 AM) *
QUOTE(YuAndDan @ Nov 28 2007, 10:17 AM) *
For First question, why not file the I-751 before birth, the forms need to list children before filing not after.


If I send my I-751 before she is born isnt that too soon? She will be born before the 90 days immediately before the 2nd anniversary of getting conditional residence so I'll be required to include her even tho she will be less then 2 weeks old when I file.

You don't have to file exactly 90 days before GC expires. Just anytime within the 90 days before.
*Marilyn*
I just sent in the hospital certificate we got after our baby was born....

hubby had used this to include the baby on his health insurance and it worked for that.... so I figured it should work for the removal of conditions too....
tamz
I wanted to include our daughter because she will be the first child born from our marriage, and it shows my husband and I still have a strong and valid marriage. (Not to mention that it took us over a year to get pregnant and we're both over joyed at her up comming arrival)

I think I'll include her, and im sure the immigration officers who proccess our application will see her DOB, and will accept a copy of the hospital certificate. I have pictures of my husband and I putting the nursery furnature together, pictures of him admiring the baby items and the ultrasound pictures.

If I get a RFE after submitting the I-751, hopefully her birth certificate will have arrived, and I can send it in with little delay in the proccess.

Tamz rose.gif

lucyrich
QUOTE
our conditional green cards expire April 10th, so I need to send I-751 by January 10th.


You're misunderstanding the filing window. January 10th is the EARLIEST you are allowed to file. You may file any time between January 10th and April 10th. If you file on April 9th, there's no penalty. Most people recommend filing early in the window as a matter of prudence in case of unexpected delays, but you don't need to file on the first possible day.

If I were you, I'd get everything ready now except the birth certificate. Then I'd file as soon as practical after getting the birth certificate in hand. I'd probably expect to file somewhere around February 10th. With a new baby in the house, it won't be easy to do much in the way of paperwork, but if you've prepared most of the petition in advance, you should at least be able to get the birth certificate and drop things in the mail well before your April deadline.

The birth certificate of a child born of the marriage is pretty compelling evidence, and it's worth including. Add a snapshots or two of the proud parents with the new baby, and a copy of the birth announcement, just for good measure.
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