I 751 Question

[kalina 0]

I have two questions about the conditional permanent resident card of my daughter. Nobody from the USCIS customer service line was able to help me. We called 3 times and they transferred us to other employees and everybody gave different and dim answer. The situation is:

In 2007 I came here with my daughter on K3 and K4 visas and we applied for AOS. The daughter is a biological child of my husband. He is an US citizen and we had I 130 approved - for both - me and my daughter. We applied for I 130 for my daughter because the father became US Citizen two months after she was born. That's why we were not able to obtain US Citizenship for her and had to apply for I 130.

I applied for AOS and she was included in my application.

In 2008 we had an interview and the IO told us that everything is o.k. and we are going to receive the cards within 3 weeks. Two weeks later we received a card for my daughter (the card was conditional), but not for me. They told us that the case is under further review and they need to check some documents about the marriage. I received the card 90 days after those of my daughter.

Now, I have to file two separate I 751 and to pay the fees two times because the card of my daughter will expire before the time I am allowed to apply. Her card will expire on March 12th 2010 and I can apply not earlier than March 19th 2010. So, she cannot be included in my application because she will became “illegal”

I believe that something was wrong with our process.

First - why they gave her conditional card? She is a biological child and there was approved I 130 for her. What is the condition for her. She is a child of the petitioner despite the marriage.

Second - if the case was under further investigation, why they granted the card to my daughter? If something was suspicious and unclear they had to postpone her approval too. Moreover, when I read USCIS guide about removing conditions, it is stated that the child has to file separate I 751 if it is approved 90 AFTER the parent. There is no situation the child to be approved BEFORE the parent.

Can anybody help me where I can file a complaint and what I can do. I believe that everything was made in order USCIS to collect two times the fees.

What about Ombudsman? Is that going to be helpful?

[v333k 59]

I have two questions about the conditional permanent resident card of my daughter. Nobody from the USCIS customer service line was able to help me. We called 3 times and they transferred us to other employees and everybody gave different and dim answer. The situation is:

In 2007 I came here with my daughter on K3 and K4 visas and we applied for AOS. The daughter is a biological child of my husband. He is an US citizen and we had I 130 approved - for both - me and my daughter. We applied for I 130 for my daughter because the father became US Citizen two months after she was born. That's why we were not able to obtain US Citizenship for her and had to apply for I 130.

I applied for AOS and she was included in my application.

In 2008 we had an interview and the IO told us that everything is o.k. and we are going to receive the cards within 3 weeks. Two weeks later we received a card for my daughter (the card was conditional), but not for me. They told us that the case is under further review and they need to check some documents about the marriage. I received the card 90 days after those of my daughter.

Now, I have to file two separate I 751 and to pay the fees two times because the card of my daughter will expire before the time I am allowed to apply. Her card will expire on March 12th 2010 and I can apply not earlier than March 19th 2010. So, she cannot be included in my application because she will became “illegal”

I believe that something was wrong with our process.

First - why they gave her conditional card? She is a biological child and there was approved I 130 for her. What is the condition for her. She is a child of the petitioner despite the marriage.

Second - if the case was under further investigation, why they granted the card to my daughter? If something was suspicious and unclear they had to postpone her approval too. Moreover, when I read USCIS guide about removing conditions, it is stated that the child has to file separate I 751 if it is approved 90 AFTER the parent. There is no situation the child to be approved BEFORE the parent.

Can anybody help me where I can file a complaint and what I can do. I believe that everything was made in order USCIS to collect two times the fees.

What about Ombudsman? Is that going to be helpful?

Hi - I recommend you schedule an Infopass appointment and have all this information looked over by a rep. They might have better answers than calling the USCIS line which has never proven to be helpful. You can do it online at http://infopass.uscis.gov/ and I think that should at least get you started. It is good that you are working on it now.

I am not sure about this info, but also look into your husband applying for citizenship for your daughter since he is currently a USC. You can prepare this list of questions and ask at your appointment if you plan to go this route.

Hope this gets you started.

[kalina 0]

v333k, thank you so much for your reply. Currently, I was adivsed that maybe she is a US Citizen and she cannot became illegal. I am going to prepare the documents and hope that everything will be fine and I will not be required to file I 751 for her.

Thank you again.