getting ready to file

[elwintro 0]

I think the form asks for all children, however the instructions say:

Conditional Resident Children

In Part 5 of the form, please make sure to include any conditional resident children applying with you in order to have their conditional basis removed, or they may file separately. Please remember to provide their A-number.

Thus it would appear Part 5 is specifically the place to list children removing conditions with the petition, not 'all' children as asked.

Look, your reasoning does not make sense. The form says "list ALL your children", the instructions say "make sure to include conditional resident children" -- there is no contradiction here! The instructions are merely reminding you to include conditional resident children in the list of ALL your children.

Why are you twisting the meaning of the instructions to derive a conclusion which contradicts the wording both on the form and the instructions? Is it really that hard to understand the very simple English used by the USCIS here?

We have a few days to go before being ready to file, and am completely uncomfortable either way, as the form and instructions literally SUCK on this point...

We have three children, 2 mine from previous marriage, plus our own child together, and would love to list the three, but don't want to fill out the form wrong. Unfortunately the instructions on the form and separate instructions for the I-751 do not mesh.

Thinking critically, I think whoever created the form and instructions failed to real world test them!

The wording on the form and the separate instructions DO mesh, you're just twisting them up in your head to mean something different and are seeing a contradiction which does not exist.

I'm not going to tell you what to do, but your interpretation of the form and the instructions is just plain wrong. I think you should list all three of your children in Part 5 of the I-751, write 'N/A' for each of them in the A# column, and write "US Citizen/Address as in Part 1" for each of them in the immigration status column. If you put an A# in the A# column when you don't have to, like in Haole's case, then the USCIS is going to think that child is a conditional resident, so think about this carefully if your child's situation is not straight forward in this regard.

If you want to forge ahead with your misinterpretation of the I-751 and its instructions, and not include your three children in part 5, then don't come back here to whine when you get an RFE or your packet is returned to you because the USCIS judged your I-751 to be incorrect or incomplete.

I'm sorry for my somewhat harsh tone here, I'm just annoyed that many people seem to be twisting up the wording of this form and coming to conclusions which may put their petition in jeopardy. The last thing I want to see is people getting into trouble with the USCIS.

[BlueRain77 0]

Hello again! We're back! Getting my forms together as well! I am quite relieved that this process seems to be a lot easier than the rest since they have most of the info from the K1 and AOS. We need to send our forms about May 23 (Aug 23 expiration). We received a reminder letter in the mail. It got us all excited that we won't have to really worry about anything for the next 10 years after filing for Removal of Conditions (although my husband is planning to file for citizenship in the next few years well before the 10 yr expiration).

Wondering if joint accounts/loans/vacation info/bills/taxes will suffice as we don't have a joint mortgage or lease as my parents own the house we are living in and they are on the mortgage...

Anyone else wanna say a thank God they are not asking for financial forms this time!

[BlueRain77 0]

Part 5 is for any children born from the PR and USC together as well as any children that were immigrating (or immigrated after) with their Non USC parent is my interpretation. Any children of the USC that have no legal tie to the PR you do not put (mark NONE).

[BlueRain77 0]

It does say all children on the form. I would put any children born from both of you together but not the children from the previous marriage. obviously they wouldn't have an A# as they are a US Citizen which you can put under the address/immigration status. If you take it from the fact that the Non USC/PR is filling out the form they are asking for their children. If they have no bio/adopted kids than they put None, if they had a child with the USC they enter that in. If they had a child previous to the USC marriage and they immigrated too, they include that one.

[nuzzledark 0]

I agree. I just sent the I-751 for my husband and I put our son in Part 5, he is a US Citizen born to us here, because this is the way I read the instructions as well. I wouldn't freak out over other cases; I've known the USCIS to make mistakes. Besides, I highly doubt even the most challenged person reviewing our files would confuse our US Citizen son with a child needing to have conditions removed...

I think the form asks for all children, however the instructions say:

Conditional Resident Children

In Part 5 of the form, please make sure to include any conditional resident children applying with you in order to have their conditional basis removed, or they may file separately. Please remember to provide their A-number.

Thus it would appear Part 5 is specifically the place to list children removing conditions with the petition, not 'all' children as asked.

Look, your reasoning does not make sense. The form says "list ALL your children", the instructions say "make sure to include conditional resident children" -- there is no contradiction here! The instructions are merely reminding you to include conditional resident children in the list of ALL your children.

Why are you twisting the meaning of the instructions to derive a conclusion which contradicts the wording both on the form and the instructions? Is it really that hard to understand the very simple English used by the USCIS here?

We have a few days to go before being ready to file, and am completely uncomfortable either way, as the form and instructions literally SUCK on this point...

We have three children, 2 mine from previous marriage, plus our own child together, and would love to list the three, but don't want to fill out the form wrong. Unfortunately the instructions on the form and separate instructions for the I-751 do not mesh.

Thinking critically, I think whoever created the form and instructions failed to real world test them!

The wording on the form and the separate instructions DO mesh, you're just twisting them up in your head to mean something different and are seeing a contradiction which does not exist.

I'm not going to tell you what to do, but your interpretation of the form and the instructions is just plain wrong. I think you should list all three of your children in Part 5 of the I-751, write 'N/A' for each of them in the A# column, and write "US Citizen/Address as in Part 1" for each of them in the immigration status column. If you put an A# in the A# column when you don't have to, like in Haole's case, then the USCIS is going to think that child is a conditional resident, so think about this carefully if your child's situation is not straight forward in this regard.

If you want to forge ahead with your misinterpretation of the I-751 and its instructions, and not include your three children in part 5, then don't come back here to whine when you get an RFE or your packet is returned to you because the USCIS judged your I-751 to be incorrect or incomplete.

I'm sorry for my somewhat harsh tone here, I'm just annoyed that many people seem to be twisting up the wording of this form and coming to conclusions which may put their petition in jeopardy. The last thing I want to see is people getting into trouble with the USCIS.

[venusfire503 54]

Hi All,

We are putting together our I-751 packet now, and can officially file May 1st! Getting excited here, and of course a bit anxious to once again be put at the mercy of USCIS. So far, so good though as far as our treatment by USCIS through the K-1 and AOS phases of the process, hoping for smooth sailing through this phase too!

Any advice? Tips? Things to know before filing? Any and all input would be much appreciated.

Not sure if a May 2009 filer topic has been started, if not here we go kids!

ready4ONE,

Well, if this is for May 2009 filers, count me in. We were hoping to get it sent out in April, but didn't make it. Our packet went out to VSC on May 1. Oh, and we checked the USPS website - our packet was delivered today - YAY!

Good luck!

venusfire

[elmcitymaven 9,711]

Wow, all this debate about what children to include where on the I-751 makes me even more happy we decided not to have kids.

Just ribbin' ya, parents. I do wish this issue could be settled though so we can know what the definitive answer. I tend to think that elwintro's analysis is correct.

[ready4ONE 5,400]

Taking all factors into consideration I believe I will go ahead and list all three children on our I-751 in section 5...

I believe strongly, based on the fact the instructions only refer to children adjusting status with the I-751 that this is technically a mistake, but one which it appears the overwhelming majority make because the I-751 form itself is flawed.

Part 5. Information About Your Children-List all your children (Attach other sheet(s) if necessary)

Should be, based on the instructions language:

Part 5. Information About Your Children-List all children Removing Conditions with this petition (Attach other sheet(s) if necessary)

But it doesn't so we will include all three children, my two live with us, she is their step mom, and I won't neglect to include them due to that relationship.

If we should go to interview, I will make that the first question/comment to our interviewer!

Anyway, got the letter from work indicating my wife is the primary beneficiary of my work life insurance, all we are waiting now is for the documentation from my private life insurer.

We would love to see this thread be the 'official' May removal of conditions filers thread! Good idea and welcome venusfire503, elmcitymaven, nuzzledark, and bluerain77!

[BlueRain77 0]

I know they say file 90 days in advance to 2yrGC expiration as a precaution. How long does it usually take to get the 10 yr green card from mailing application to getting approved and in the mail? What happens if they don't get it until after the 2yr has expired? Does that mean the PR has to stop working??

I just know that as long as you have proof that you are filing for the 10yr even after the expiration of the 2yr you can continue living in the US (cause that would be just stupid to say they had to leave...).

Thanks!

[ready4ONE 5,400]

I know they say file 90 days in advance to 2yrGC expiration as a precaution. How long does it usually take to get the 10 yr green card from mailing application to getting approved and in the mail? What happens if they don't get it until after the 2yr has expired? Does that mean the PR has to stop working??

I just know that as long as you have proof that you are filing for the 10yr even after the expiration of the 2yr you can continue living in the US (cause that would be just stupid to say they had to leave...).

Thanks!

Hi BlueRain! As I understand it, the notice you get that your I-751 has been accepted includes language extending the Conditional Green Card for 1 year from either that notice date or the date on the green card. Haven't seen one yet since still waiting for the final piece of our puzzle to send off our package, but you keep the notice with the green card at all times until approval and the 10 year card is received. If processing the I-751 takes longer than a year, you do an InfoPass at your local USCIS office request that your passport get stamped with the I-551. The PR does not need to stop working.

[ready4ONE 5,400]

Let's maintain our own May filer list here . . . a CSC status list, and a VSC list. I got the two lists started, add yourself as you file, and just make sure to follow the directions below.

CSC May Filers

UserName.............Date of I-751.....NOA1 Date.......Biometrics......Approved

venusfire503...........05/01/09..........--/--/--........--/--/--........--/--/--

VSC May Filers

UserName.............Date of I-751.....NOA1 Date.......Biometrics......Approved

scooby06..............05/01/09..........--/--/--........--/--/--........--/--/--

IMPORTANT!

Before you edit this list, please make sure that your VJ Text Editor setting is set

to Rich Text Editor. DO NOT JUST COPY AND PASTE. You can change your Text

Editor as follows:

1. Click on My Controls at the top of the page.

2. Click on Board settings at the lower left of the page.

3. In the drop down box under Posting Settings, change the type of editor

from Standard to Rich Text.

4. Save this change by clicking on the "Change my Account Options" button.

Then go to the most recently posted version of this list (go to the last post and

scroll UP) and "Reply" to it, deleting the "quote" tags at the beginning AND END of

your reply.

* Please DO NOT change the font, font size, add colors, stuff like that.

* Please PREVIEW before posting to make sure it is properly formatted. (A common

mistake is somehow screwing up so you have <b> and </b> HTML tags in these very

instructions instead of actual boldfaced text.)

REMEMBER: "Date of I-751" is the date you sent your petition - NOT the date it

arrived at the service center. "NOA1 Date" is the 'Notice Date' shown on the NOA1 —

NOT the date you received it.

PLEASE DO NOT DELETE THESE INSTRUCTIONS - Thanks!

Edited May 8, 2009 by ready4ONE

[BlueRain77 0]

Cool! Thanks! Everything was such a stress last time waiting for things to come through so that my hubby could work that this time it's a relief that he doesn't have to stop working. Right now he is out of a job as is and is hoping to get a new job soon and it's been really tough on one salary so I didn't want him to lose a job again when he gets one. What a relief!

I know they say file 90 days in advance to 2yrGC expiration as a precaution. How long does it usually take to get the 10 yr green card from mailing application to getting approved and in the mail? What happens if they don't get it until after the 2yr has expired? Does that mean the PR has to stop working??

I just know that as long as you have proof that you are filing for the 10yr even after the expiration of the 2yr you can continue living in the US (cause that would be just stupid to say they had to leave...).

Thanks!

Hi BlueRain! As I understand it, the notice you get that your I-751 has been accepted includes language extending the Conditional Green Card for 1 year from either that notice date or the date on the green card. Haven't seen one yet since still waiting for the final piece of our puzzle to send off our package, but you keep the notice with the green card at all times until approval and the 10 year card is received. If processing the I-751 takes longer than a year, you do an InfoPass at your local USCIS office request that your passport get stamped with the I-551. The PR does not need to stop working.

[ready4ONE 5,400]

CSC May Filers

UserName.............Date of I-751.....NOA1 Date.......Biometrics......Approved

venusfire503...........05/01/09..........--/--/--........--/--/--........--/--/--

ready4ONE...........05/09/09..........--/--/--........--/--/--........--/--/--

VSC May Filers

UserName.............Date of I-751.....NOA1 Date.......Biometrics......Approved

scooby06..............05/01/09..........--/--/--........--/--/--........--/--/--

IMPORTANT!

Before you edit this list, please make sure that your VJ Text Editor setting is set

to Rich Text Editor. DO NOT JUST COPY AND PASTE. You can change your Text

Editor as follows:

1. Click on My Controls at the top of the page.

2. Click on Board settings at the lower left of the page.

3. In the drop down box under Posting Settings, change the type of editor

from Standard to Rich Text.

4. Save this change by clicking on the "Change my Account Options" button.

Then go to the most recently posted version of this list (go to the last post and

scroll UP) and "Reply" to it, deleting the "quote" tags at the beginning AND END of

your reply.

* Please DO NOT change the font, font size, add colors, stuff like that.

* Please PREVIEW before posting to make sure it is properly formatted. (A common

mistake is somehow screwing up so you have <b> and </b> HTML tags in these very

instructions instead of actual boldfaced text.)

REMEMBER: "Date of I-751" is the date you sent your petition - NOT the date it

arrived at the service center. "NOA1 Date" is the 'Notice Date' shown on the NOA1 —

NOT the date you received it.

PLEASE DO NOT DELETE THESE INSTRUCTIONS - Thanks!

[ready4ONE 5,400]

Well, we decided too stressful waiting for the perfect document from my personal life insurance, used what we had which is really good, and fire in the hole! Off to USCIS CSC with our I-751 packet today.

Certified return receipt US Postal Service! Yee Hah!

[elmcitymaven 9,711]

I'm trying to figure out how to break it to my husband that he'll have to do biometrics -- he can't even deal with a visit to the DMV without kicking up a stink about bureaucracy. I can only wonder what choice words will be uttered when I explain there is more to the process than signing his name on the I-751.

Gulp! 10 days until the window opens for us!