Understanding Removing Conditions CORRECTLY from Spain???

[SpouseofCondResid 0]

Removing the Conditions Process CORRECTLY from Spain???

Okay, this is the skinny: My husband, Conditional Permanent Resident (Green Card to expire 04/03/11) and myself are currently in Spain. Accordingly, to the USCIS website-

The Form I-751 (Petition to Remove the Conditions on Residence) can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement.

Since we do not physically need to be present in the US to file form I-751, when we file approx. Jan-March of 2011 how should we go about filing the form? Should we just file it from Spain and then, where do we send it? Once we have filed the form, about how long afterwards do we get a response and we will get a response here in Spain or Stateside at our address?

We are trying to figure this out...basically, our plans are as soon as we get word back about the interview...to hop on a plane and fly over to the US in time for the interview as we cannot plan on staying in the US for 1 month to wait around for the letter.

Has anyone had a similiar experience or can anyone tell me more specifically details on how long the wait is from filing the I-751, to receiving the interview letter? This way we can try and plan our flights accordingly, and not mess anything up?

[Otto 83]

Quick question;

Your family and you live in Spain and intend to remain living in Spain. Have you guys lived there a while now?

[John24689 0]

Welcome to VJ. First, go to My Assistant above and fill in your Timeline.

You did not say why you are in Spain. Is it military? Government orders?

Are you maintaining a residence in the US? Will you be able to document your shared live in the US?

Maybe someone has a similar experience who will provide more information.

When you go to apply for Citizenship, six months outside the US will count against you.

Good luck.

[SpouseofCondResid 0]

Otto und Karin,

We don't intend on living in Spain, but until we finalize the Green Card effort, we are in Spain. We filed a DCF approx. April through the embassy in Madrid last year, and now we are just preparing to Remove the Conditions for the anticipated Jan-Mar. 2011 timeframe.

Quick question;

Your family and you live in Spain and intend to remain living in Spain. Have you guys lived there a while now?

[SpouseofCondResid 0]

John,

I'll get back to you on the timeline as I don't have all my husband's paperwork in front of me (I always wondered how everyone did that-thanks for the tip). We are not here for the military or gov. We are maintaining a residence in the US while here in Spain, but can you please elaborate on the documentation needed for our shared life in the US or direct me where I can read up on all of it? I take it this is a part of the evidence for the I-751?

The fact is we need to be prepared for everything since we are currently in Spain, but honoring all the rules etc. to maintain the Green Card. If you have any additional info. to share, please let me know so that I can do some homework.

Thanks.

Welcome to VJ. First, go to My Assistant above and fill in your Timeline.

You did not say why you are in Spain. Is it military? Government orders?

Are you maintaining a residence in the US? Will you be able to document your shared live in the US?

Maybe someone has a similar experience who will provide more information.

When you go to apply for Citizenship, six months outside the US will count against you.

Good luck.

[Brother Hesekiel 2,235]

The fact is we need to be prepared for everything since we are currently in Spain, but honoring all the rules etc. to maintain the Green Card.

This statement alone makes me crumble. Can't wait for the timeline and facts.

I'm so excited already!

Edited October 24, 2009 by Just Bob

[Minya's wife 24]

Otto und Karin,

We don't intend on living in Spain, but until we finalize the Green Card effort, we are in Spain. We filed a DCF approx. April through the embassy in Madrid last year, and now we are just preparing to Remove the Conditions for the anticipated Jan-Mar. 2011 timeframe.

Quick question;

Your family and you live in Spain and intend to remain living in Spain. Have you guys lived there a while now?

This is a bit confusing...residency requirements state that you must have continuous physical presence in the US in order to maintain legal residency status. Have you resided in the US for more than half the time your husband has been a conditional resident? Or if not, does you husband have an approved re-entry permit (form I-327)? Based on this post, it does not sound as if you've resided in the US at all...so under what basis are you applying for removal of conditions to your husband's residency?

[Otto 83]

...it does not sound as if you've resided in the US at all...so under what basis are you applying for removal of conditions to your husband's residency?

Was thinking along similar lines...

[Minya's wife 24]

...it does not sound as if you've resided in the US at all...so under what basis are you applying for removal of conditions to your husband's residency?

Was thinking along similar lines...

Hopefully the OP will come back to clarify. If what we're thinking is true, though, how is it that the consulate in Madrid hasn't appraised them of their ineligibility to apply?

[SpouseofCondResid 0]

Just Bob,

You know your comment was totally unecessary. We are just like everyone on this website trying to seek help in the Green Card process so there is no need for sarcasm or to be rude. I'm sure you had individuals on this site who helped you...likewise a little kindness would be nice or please just don't comment!

Perhaps, you might want to read up on DCF as it is legitimate!!!

The fact is we need to be prepared for everything since we are currently in Spain, but honoring all the rules etc. to maintain the Green Card.

This statement alone makes me crumble. Can't wait for the timeline and facts.

I'm so excited already!

[Brother Hesekiel 2,235]

Oh . . . I have heard of DCF and actually know a bit about it. That's not the problem.

To me it looks like you have not actually resided in the USA yet. You may have a US address, but you are still living in Spain. If so, you have already abandoned your LPR status and cannot remove conditions of your permanent residency as you have no permanent residency yet.

If so, you would have to start over at square 1 with the advantage that after the 2nd. approved DCF your hubby gets the 10-year card right away (as you by then would have been married longer than 2 years).

Of course, I'm still guessing as you have not provided sufficient information yet.

[Coco&Kitten 42]

Hi there,

I think we need a little bit more of information to be able to help you better. Did your husband activate the actual GC, I mean did you physically receive it after POE? How long did you live in the US after that?

We also did DCF in Madrid for me two years ago and we activated the "entry visa" (which is not the actual GC) when we first entered the US. Then the actual GC was sent 3 months later to our home address here in the US. We are now removing conditions to get the 10 year one.

I do not see why it is wrong to do the removal of conditions while in Spain, maybe you spend equal time in both countries, so why would it be wrong? some people just jump and make comments without knowing the real situation, just be patient and we can all figure it out.

But I also would agree that maybe it is easier to do a second DCF in Spain and get directly the 10 year GC... no removal of conditions needed there, that saves some time. Moreover, the embassy in Madrid is pretty tolerant with paperwork and processing visas or green cards.

Hope my comments help a little, hang in there,

Kitten

[fozzie 41]

Its easy to jump to conclusions when only half a story is presented. The questions that have been put to the OP are pertinent but have yet to be fully answered. If the OP provides the sequence of events, ie a timeline, how much time has been spent in each country since DCF etc then the answers from VJ will become far more useful.

[Chica Yeyé 41]

How long did you actually reside in the US previous to moving back to Spain?

When you did so, did you gather a Re-entry Permit for extended absence?

Is your residence in Spain tied to working for the American government in military of diplomatic capacity?

If not, your husband has possibly already lost his permanent residence. Please provide more details