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Waiver for removing conditions because my husband died. What is a waiver?

By meblue in Removing Conditions on Residency General Discussion

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meblue Enthusiast

meblue   5

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Hi Everyone,

I have to file a waiver for removing conditions because my husband died. What is a waiver, do I need to submit a written request to waive the joint filing? I'm sorry for this dumb question but I really have no idea what is a waiver.

I appreciate any help. Thank you....

meblue

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akdiver Experienced

akdiver   3

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If you just wait until you have been an LPR for 5 years, then you do not need any kind of waiver - you can just file for citizenship.

PEOPLE: READ THE APPLICATION FORM INSTRUCTIONS!!!! They have a lot of good information in them! Most of the questions I see on VJ are clearly addressed by the form instructions. Give them a read!! If you are unable to understand the form instructions, I highly recommend hiring someone who does to help you with the process. Our process, from K-1 to Citizenship and U.S. Passport is completed. Good luck with your process.

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Dakine Veteran

Dakine   26

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Hi Everyone,

I have to file a waiver for removing conditions because my husband died. What is a waiver, do I need to submit a written request to waive the joint filing? I'm sorry for this dumb question but I really have no idea what is a waiver.

I appreciate any help. Thank you....

meblue

Instructions for the I-751 plus the I-360 should help.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited by Haole

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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meblue Enthusiast

meblue   5

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Filed: Other Country: Philippines
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Hi Everyone,

I have to file a waiver for removing conditions because my husband died. What is a waiver, do I need to submit a written request to waive the joint filing? I'm sorry for this dumb question but I really have no idea what is a waiver.

I appreciate any help. Thank you....

meblue

Instructions for the I-751 plus the I-360 should help.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

I went to the website and I see a form I-360 to file for amerasians, widower or special immigrant. I already got my 2 years conditional green card before my husband passed away. Do i have to file this form 1-360 with my Removing Conditions 1-751?

Pls help me guys because i'm confuse. Thank you.

meblue

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Kathryn41 Grand Master

Kathryn41   3,205

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You would file the I-751 only. Right on the form itself at the bottom there is a section where you check off the appropriate box. One of those boxes says you are filing for a waiver from the joint filing condition because you are a widow. You can file the I-751 at any time after you received your green card if your spouse dies - you don't have to wait for the 2 years to pass. No, you don't file I-360. You just file I-751. Print off the form and read it through - you will see it has everything you need to know on the form itself and its instructions.

I am very sorry for your loss.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
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If you just wait until you have been an LPR for 5 years, then you do not need any kind of waiver - you can just file for citizenship.

As a conditional green card holder she absolutely has to file to remove conditions. She can't 'wait' until she has been a green card holder for 5 years because her green card would be cancelled when her 2 year card expired if she didn't file to remove the conditions.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Staashi Experienced

Staashi   371

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Filed: Other Country: Argentina
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Kathryn's right - get your waiver in now. You will have to be an LPR for 5 years before you can file for citizenship.

Meblue, I'm sorry for your loss. (F)

Edited by Staashi
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lucyrich Proficient

lucyrich   19

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Filed: IR-1/CR-1 Visa Country: Venezuela
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Just a note of consolation and to confirm what Kathryn said.

There are different kinds of "waivers" in immigration. Some do have special requirements and paperwork for filing. But in this case, you request a waiver of the joint filing requirement merely by checking box 2c of the I-751. The text in part 2 of the form says:

My conditional residence is based on my marriage to a U.S. citizen or permanent resident, but I am unable to file a joint petition and I request a waiver because: ( c ) My spouse is deceased

So by checking that box, you are effectively making a written request for a waiver.

You do need to file the I-751, and you should probably do it as soon as practical. There's no need to wait until 90 days before the expiration date on your green card.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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