Filing out I 751 for child

[NickD 202]

Just to clarify, our daughter is only nine years old. Thanks for your help, BeHappy and Dave. I think that we will follow your advise Dave as you have successfully navigated through this situation. I hope someone else will post to add their experience.

If the child has a two year conditional green card, should not make any difference how they received it, the conditions to remove residency are the same. Fortunately my daughter received her conditional card 67 days after my wife primarily due to a USCIS error, but was included in my wife's application. But did wonder what would happen if she didn't.

Using logic, I did not marry my wife's daughter, I married my wife and the whole reason my step daughter was treated as conditional is because her mother and I were married less than two years, daughter is just a tag along even though the initial proceedings for her were as just as complicated and expensive as they were for my wife. Since the conditional status also applies to the offspring, would think you would have to send the same evidence as you did for your spouse. Would do a cover letter briefly explaining that your daughter receive her conditional care one year later, her conditional status is based on your marriage, proof of your marriage is enclosed, and would fill out the form as you have exactly for your spouse. That your spouse already received the ten year card and you are just applying for your daughter.

In part two would check both,

a. My conditional residence is based on my marriage to a U.S. citizen or permanent resident,and we are filing this petition together.

b. 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).

And list the child's name in part 5.

Would also send proof that your daughter is living with you, like a driver's license, report cards, some junk mail, and certainly a copy of her green card. Yeah, and the money.

It is certainly nebulous to say the least, why the child also received a conditional residence and how to remove it. When you type the cover letter, would put in her full name and alien number in bold print and state this application is strictly for her.

Can also contact a family based immigration attorney for advice, apparently your contact with the USCIS was worthless. To my knowledge their are no age limits with the I-751, but are with the N-400 that led to more confusion, so our daughter has to wait another two years because she just had to turn 18 before we could send in the application. And the reason she did was with extended delays in receiving the first conditional green cards, not our fault, but theirs. But you have to pay for their faults as well.

[1HappyGuy 45]

We will be filing for my stepson's permanent green card in December, the soonest we can. So, I'm concerned about the process also. That's why I called the 800 number yesterday, to clear up the misunderstandings. The "idiot" I spoke with practically quoted me some standard reply about filing the I-751. The bottom line is this. There is only one form to remove conditions for K-2 recipients, that is the I-751. The instructions are quite confusing, because they don't address the issue of K-2's that are required to file for their own permanent status.

No one can ever claim that the people at the USCIS will be receive "Intelligent Awards".

[BeHappy 0]

David,

I would appreciete if you can be more speciffic how you filed out the Form for your step daughter at each part. If your wife is speaking romanian she can send me an message on private with an answer.

Multumesc in advans!

Thank you !

[pj1959us 0]

To my knowledge their are no age limits with the I-751,

Just to note our personal experience with this. Chris, the K-2, arrived and adjusted status at the same time as David in 2004, the K-1. When they were due to file the I-751s we included Chris on David's I-751 (Chris was 19 at the time he entered the US, and 22 when the I-751 was filed).

Both I-751s were rejected and returned; the reason stated on the rejection notice stated that since Chris was over 21 years of age that he must submit his own I-751, along with fees. However, I do know of at least two K-2s that were over 21 and lifted conditions successfully before ours (and had the over 21s on the same form as the K-1). I know one of the successful ones was filed at the TSC (ours was at the NSC but was transferred and rejected by the CSC).

I don't know if this was a nasty fluke or a change (I haven't seen anyone over 21 file the I-751 since we did) but just wanted to give others a heads-up.

PJ

[dcl766 0]

Well, I filled out the form so probably better that I answer:)

Part I

Name, address, etc...

Part II

Checked "b"

Part III

Date of Marriage/Place of Marriage-wrote in "NOT APPLICABLE" in both spaces

NO to all questions 5-10 except yes to #9 since we did move once; attached separate sheet of paper with note explaining dates of move as requested

Part IV

Wrote in all information about her mother (my wife and K-1 applicant)

Part V

wrote in "NONE"

Part VI

Had the kid sign and mailed it in with all supporting documents similar to what we sent in for her mother's I-751 with some extra stuff like report cards, and especially all of our documentation regarding the delay in the approval of her I-485 which is what caused her to file separately.

Hope this helps!

My real advice is to send it in the best you can...as I stated in a previous post this form was not created with the K-2 in mind, just have to do the best we can!

Good Luck!

Dave

David,

I would appreciete if you can be more speciffic how you filed out the Form for your step daughter at each part. If your wife is speaking romanian she can send me an message on private with an answer.

Multumesc in advans!

Thank you !

[BeHappy 0]

Thank you so very much Dave and all of you who tried to help me. I'll do my best and I hope everything will be all right!

[Svetlanak 0]

Hi Dave,

My name is Svetlana and I am going to file I 751 out for child (15 years). My son is a K2 and he achieved permanent resident status more than 90 days after my green card. ( we sent all documents together. We have received the Notice of Action saying that we must submit form i-864 for him. We did. Then we got the I-797E, Notice of Action saying that we must submit form I-693 for him. As result, he have received his green card more than 90 days. I believe after 110 days) , so I think he will file his own I-751. I am ready to send my documents for the second green card ( my green card will be expired in February) and I was thinking if I can send in same envelope his documents ( his green card will be expired in May)as well. Of course, I will submit two check and pay separately for service. Or I should wait with his documents? Thank you so much for your help. I appreciate it.

[diadromous mermaid 36]

Since the child (your daughter) fills out a separate I-751. Information in Part 1 of the form is all about "HER". She would check box 2"b" in Part 2 of the form. She would fill out Part 3, IF any of the questions apply.

She would place information about YOU (the K-1 beneficiary) in Part 4 of the form. There would likely be no entries in part 5, since she is a child and has no children. She would sign Part 6, or if unable to place her own signature on the form (in the case of very young children) the parent would sign the form in Part 7.

"My wife's name is in the Part 1 and Part 2 b is checked? Additional information is my wife's information again, and my (sponsor) information is part 4. Daughter's information is in Part 5. Both my wife and I sign part 6."

I think almost all that you said here is wrong...

Part 1 is the daughter name ( she is the one who need conditional removed)

Part 2 . Yes, need to be checked 2 b and have a separate document where you will exapain why the dauther is filing a separate I 751 petition.

Part 3 is again the daugher

Part 4 is you the sponsor means the US citizen ( I AM NOT SURE HERE THAT IS WHY I NEED MYSELF AN ADVICE)

Part 5 is the daughter who just file N/A if she doesn't have her own children.

Part 6 is just your daughter signature if she is able to sign.

Part 7 Must filled out only if the daugher is just a little girl who can not file by her self this form and will be you or your wife.

I am still hopping there is somebody here who can tell us if this is corect or not. I really aprecite if someone can help us!

Thank you.