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General FAQ's for Removing Conditions

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Filed: Lift. Cond. (pnd) Country: India
Timeline

Anyone know that after sending the documentation for removal of conditions before your 2nd anniversary can the green card holder leave the country for any particular reason without difficulty and reenter with the use of her current temporary green card even if it is after the expiration date on the green card?

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Howdy-doo, VJ peeps...long time no post.

I don't know if it's because of the long weekend or whatnot, but I'm a bit fuzzy with the submission date for the removal of conditions for my GC. the anniversary date is September 30th 2012. The 3 months is of course coming up--my plan is to get the whole package in within the next week and a half. Is that ok? I know to NOT file before---just seeking some clarification on the timing aside from that.

thanks in advance for your usual awesomeness--super appreciated!

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dcmaximum, i don't see many people doing it (notarizing the affidavits) BUT my lawyer told me to submit at least 4 affidavits (including from family members) and notarize each affidavit.

Here is what he wrote:

"All of the blank lines refer to you, the person who is making this affidavit. Please complete them all with your information.

In the blank lines toward the end of the affidavit form, please write why you know that he and she are married, for example: “I am their neighbor and have lived next door to them for 3 years. I see that they both live there together at their house and that they are married.” Or “I am a friend of **** and *** and we go out together to the movies or restaurants about once a month. They are always together and that is why we believe they are married.” Or “I am the landlord of **** and **** and have leased their apartment to them for the last 2 years. They live together as a married couple based on what I have seen of them and that they have a lease together.” Or “I am the relative [name it] of [name of the U.S. citizen] and I know they are married because I went to their wedding and see them at least twice a month at family get-togethers.” You should use both of their names and show some kind of consistent contact or meeting that justifies your assertion that you know that they live together as a married couple.

At the end, you should sign the affidavit when you are in front of a notary public who can swear you in.

You should then attach a copy of the following:

1. You state identification or driver’s license

AND

2. One of the following:

a. A copy of your U.S. birth certificate,

b. A copy of the biographical page of your passport,

c. A copy of your U.S. naturalization certificate, OR

d. A copy of your Green Card (if you are a resident)

IN THE MATTER OF THE PETITION TO REMOVE THE CONDITIONS ON

RESIDENCE FOR First and Last Name

AFFIDAVIT OF WITNESS

___________________________________________________[your name], with the

address of: ____________________________________________________________

and telephone number of ____________________ being placed under oath, swears that

he or she was born on ____________________, 19___ in ____________________ and is a US citizen or a lawful permanent resident and knows *** and ***; that to his or her personal knowledge they have lived together as

a married couple at the following address(es)__________________________________

_______________________________________________________________________,

  1. from __________¬__ [date] to now; and that he or she can determine that ***** and ***** are married and living together based on the following single or repeated encounters with them:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Signature: _______________________________________

Subscribed and sworn to (or affirmed) before me on this ____________day of

__________, 2012, by______________________________, proved to me on the bases

of satisfactory evidence to be the person who appeared before me.

Signature: ___________________________

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  • 2 weeks later...
Filed: AOS (apr) Country: Vietnam
Timeline

dcmaximum, i don't see many people doing it (notarizing the affidavits) BUT my lawyer told me to submit at least 4 affidavits (including from family members) and notarize each affidavit.

Here is what he wrote:

"All of the blank lines refer to you, the person who is making this affidavit. Please complete them all with your information.

In the blank lines toward the end of the affidavit form, please write why you know that he and she are married, for example: “I am their neighbor and have lived next door to them for 3 years. I see that they both live there together at their house and that they are married.” Or “I am a friend of **** and *** and we go out together to the movies or restaurants about once a month. They are always together and that is why we believe they are married.” Or “I am the landlord of **** and **** and have leased their apartment to them for the last 2 years. They live together as a married couple based on what I have seen of them and that they have a lease together.” Or “I am the relative [name it] of [name of the U.S. citizen] and I know they are married because I went to their wedding and see them at least twice a month at family get-togethers.” You should use both of their names and show some kind of consistent contact or meeting that justifies your assertion that you know that they live together as a married couple.

At the end, you should sign the affidavit when you are in front of a notary public who can swear you in.

You should then attach a copy of the following:

1. You state identification or driver’s license

AND

2. One of the following:

a. A copy of your U.S. birth certificate,

b. A copy of the biographical page of your passport,

c. A copy of your U.S. naturalization certificate, OR

d. A copy of your Green Card (if you are a resident)

IN THE MATTER OF THE PETITION TO REMOVE THE CONDITIONS ON

RESIDENCE FOR First and Last Name

AFFIDAVIT OF WITNESS

___________________________________________________[your name], with the

address of: ____________________________________________________________

and telephone number of ____________________ being placed under oath, swears that

he or she was born on ____________________, 19___ in ____________________ and is a US citizen or a lawful permanent resident and knows *** and ***; that to his or her personal knowledge they have lived together as

a married couple at the following address(es)__________________________________

_______________________________________________________________________,

  1. from __________¬__ [date] to now; and that he or she can determine that ***** and ***** are married and living together based on the following single or repeated encounters with them:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Signature: _______________________________________

Subscribed and sworn to (or affirmed) before me on this ____________day of

__________, 2012, by______________________________, proved to me on the bases

of satisfactory evidence to be the person who appeared before me.

Signature: ___________________________

Do the people who write affidavits have to be US Citizen or Green card holders? Most of my friends are international students. They are still in the US studying or under OPT after graduation.

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Filed: Timeline

I have a question: On the USCIS_I751_Affidavit.doc form there are 2 letters: "ss" Does that stands for social security#? is the social security number also require from the addidavits? I have almost everything done and i was looking at the form letter and i saw this "ss" next to the stae of: county of: on the right side. Please reply anyone. thanks

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Filed: AOS (apr) Country: Vietnam
Timeline

Gummibear, my lawyer said they have to be US citizens or permanent residents.Otherwise they can't write an affidavit. That's what he said.

Oh my gosh, really??? So it means that no one can write me an affidavit, huhuhu. I even have a divorce :((((. Whatever, I just ask them to write affidavits, I can't tell some US citizens who only saw our pics on FB to write affidavit >.<.

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  • 3 weeks later...
Filed: K-3 Visa Country: Canada
Timeline

finally rec'd my 10 yr green card! had a 2 yr green card which I can now disregard. I applied in January so seems like there is a 7 month wait period for California service center

K-3:

Marriage : 2008-03-22

I-130 Sent : 2008-11-15

Appointment @ consulate: 2009-04-09 - Approved!

Picked up K3 visa & passport: 2009-04-14

POE @ Blaine, WA: 2009-04-24

EAD app sent to USCIS California: 2009-04-28

EAD app rec'd @ USCIC CA: 2009-04-30

EAD NOA: 2009-05-11

Biometrics Appt: 2009-07-27

EAD Approved/Card Production: 2009-7-31

EAD Received: 2009-09-06

AOS packet & change of address sent: 2009-12-23

Biometrics Interview: 2010-02-23

Interview Date: 2010-03-16 APPROVED

GC received March 29, 2010

Removal of Conditions

Application sent: January 04, 2012

Rec'd Notice of Bio appt: January 24, 2012

Biometrics appt: February 24, 2012

Rec'd approval notice: dated July 7, 2012

Rec'd 10yr green card: July 17, 2012 (dated july 10, 2012) - rec'd IR-6 status

Vancouver Consulate Review: http://www.visajourney.com/forums/index.php?showtopic=190588

POE Review: http://www.visajourney.com/forums/index.php?showtopic=193529

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Filed: Citizen (apr) Country: Nigeria
Timeline

finally rec'd my 10 yr green card! had a 2 yr green card which I can now disregard. I applied in January so seems like there is a 7 month wait period for California service center

Congrats!

CR-1 VISA

2010-06-01: Get Married!!!

2010-06-15: Mail out I-130 - Petition for Alien Relative

2010-06-22: I-130 NOA1
2010-09-30: I-130 NOA2
2011-01-26: Interview - APPROVED! (7 months, 4 days)
2011-02-02: Visa issued and in hand!
2011-02-25: POE - JFK (New York City)
2011-03-14: Received Conditional Green Card
2011-04-01: Received SS Card
2012-03-25: Our son is born!

--------------------------------------------------------------------------------------------
2012-11-27: Mail out I-751 - Removal of conditions
2012-12-03: I-751 NOA1
2013-01-17: Biometrics

2013-05-13: I-751 Approved

2013-05-17: Received 10 year Green Card

--------------------------------------------------------------------------------------------

2013-11-27: Naturalization Eligibility (3 years based on marriage)

2013-11-29: Mail out N-400 - Application for Naturalization

2013-12-03: N-400 NOA1

2013-12-06: Check Cashed

2013-12-31: Biometrics

2014-01-27: Place In-Line for Interview

2014-03-28: Interview Scheduled

2014-04-04: Interview Letter Received

2014-05-06: Interview

2014-05-12: N-400 Approved and Oath Date Scheduled

2014-05-22: Oath Ceremony - Become a naturalized citizen!!!

OUR VISA JOURNEY IS OFFICIALLY OVER!

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Filed: Citizen (apr) Country: Nigeria
Timeline

Sigh. The 2 year mark is upon us. I'll be checking this forum out more and more often. Hope everyone is doing well.

I know the feeling :) I'll be here a lot more also!

CR-1 VISA

2010-06-01: Get Married!!!

2010-06-15: Mail out I-130 - Petition for Alien Relative

2010-06-22: I-130 NOA1
2010-09-30: I-130 NOA2
2011-01-26: Interview - APPROVED! (7 months, 4 days)
2011-02-02: Visa issued and in hand!
2011-02-25: POE - JFK (New York City)
2011-03-14: Received Conditional Green Card
2011-04-01: Received SS Card
2012-03-25: Our son is born!

--------------------------------------------------------------------------------------------
2012-11-27: Mail out I-751 - Removal of conditions
2012-12-03: I-751 NOA1
2013-01-17: Biometrics

2013-05-13: I-751 Approved

2013-05-17: Received 10 year Green Card

--------------------------------------------------------------------------------------------

2013-11-27: Naturalization Eligibility (3 years based on marriage)

2013-11-29: Mail out N-400 - Application for Naturalization

2013-12-03: N-400 NOA1

2013-12-06: Check Cashed

2013-12-31: Biometrics

2014-01-27: Place In-Line for Interview

2014-03-28: Interview Scheduled

2014-04-04: Interview Letter Received

2014-05-06: Interview

2014-05-12: N-400 Approved and Oath Date Scheduled

2014-05-22: Oath Ceremony - Become a naturalized citizen!!!

OUR VISA JOURNEY IS OFFICIALLY OVER!

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Filed: IR-2 Country: Bolivia
Timeline

DocGee and YouStopIt...

I would not recommend it, although it can be done. My wife's conditional green card expired on May 4th. Her father in Bolivia had an embolism and she had to travel to Bolivia a week or so before her conditional card expired. Long answer short...I had to contact the embassy there and make an appointment to get what they call a "boarding letter" that is a visa stamp in her bolivian passport that says "this is not a visa, it is permission to board a plane to the united states" (or something to that effect).

She got back in, but not without some severe anxiety on my part...and an extra ticket to Bolivia (although I DID get to drink copious amounts of Paceña beer with her 8 brothers and a dozen or two cousins while I was there).

SHe would NOT have been able to come back if:

a) she had left the USA AFTER the conditional green card expired

b) we had not already APPLIED for the removal of conditions before the conditional card expired.

In other words, if you are playing by the rules, and you have to leave before you get your 10-year green card, then you PROBABLY can get back in...but if you are NOT playing by the rules (leaving after the conditional card expires, NOT filing the ROC petition in the 90-day window, etc) then you are likely screwed.

Note also that the "boarding letter" ("visa") they give you is also not PERMISSION to enter the USA, it is just permission to FLY here. You still are at the mercy of the immigration folks at the port of entry after that. Fortunately we were able to show them that the ROC was already in process and she had a pending Biometrics appointment...so they let her in, warning her that she could only use the boarding letter ONCE, so she can't go anywhere outside the USA until she gets the 10-year card.

I found it interesting that there was virtually no information on this process when we found ourselves in this position. I actually had to go from ground-up by contacting the embassy in Bolivia and asking them what could be done. I called USCIS before I got to the embassy, but they called the thing to get a "returning resident visa" which it is NOT actually called. Took me quite a few emails back and forth to the embassy in La Paz, but finally got it sorted out, and only had ONE wasted trip across Bolivia to the embassy appointment due to bad information from the embassy personnel to get it done. Second trip went off without a hitch.

Another thing perhaps worth mentioning is that at least in Bolivia, the embassy only schedules appointments for this type of visa one day a week (Mondays) so we ended up having to stay an extra week (and having to drink a LOT more beer) because of bad information I got in an email on the process to follow from the embassy before I left the USA.

All's well that ends well, though.

Something to keep in mind...

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  • 3 weeks later...
Filed: K-1 Visa Country: Ukraine
Timeline

Hello. I have a quick question. In the instructions for the I-751, its says that i need two completed fingerprint cards (FD-258). But then im looking at everyones posts and no one it seems is sending the FD-258. Can you please tell me ASAP (cause i only have 1 month left to file) if i need to include it in the I-751 application. Thank you

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