Removal of Conditions

[Rod.Arnett 0]

My wife came over on a K-1 visa. Her three children followed on a K-2 roughly 9 months later. My wife got her conditional status more than 90 days before the kids did, so I understand we have to do their I-751 applications separately (insanely expensive, but it is what it is). My question is:

Can we file the I-751 for each of the kids at the same time as my wife, or do we have to wait for their 90 day window as well (which would be in July)?

At our interview for their first green card, our local office agent said we could "piggy back" the kids with their mother, but they may have overlooked the 90 day lapse.

[aaron2020 11,652]

My wife came over on a K-1 visa. Her three children followed on a K-2 roughly 9 months later. My wife got her conditional status more than 90 days before the kids did, so I understand we have to do their I-751 applications separately (insanely expensive, but it is what it is). My question is:

Can we file the I-751 for each of the kids at the same time as my wife, or do we have to wait for their 90 day window as well (which would be in July)?

At our interview for their first green card, our local office agent said we could "piggy back" the kids with their mother, but they may have overlooked the 90 day lapse.

You cannot apply to remove the conditions from the children's green cards when mom apply to remove her conditions because the children immigrated did not immigrate within 90 days of mom's arrival in the US. The children will need to apply separately to remove the conditions on their green cards.

From the instructions for Form I-751, Petition to Remove Conditions on Residence; http://www.uscis.gov/files/form/i-751instr.pdf

Who may file Form I-751?

If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, use this form to petition for the removal of those conditions. If you have dependent children who acquired conditional resident status concurrently with you and entered the United States within 90 days of your arrival, then include the names and A-Numbers of these children in Part 5 of this form in order to have their conditional status removed. If you have dependent children who acquired conditional resident status after 90 days from the date of your adjustment or if the conditional resident parent is deceased, then those dependent children must file Form I-751 separately to have their conditional status removed.

[aaron2020 11,652]

I don't know if your children can apply to remove their conditions at the same time as mom and 90 days before their status expires. Personally, I would wait to file 90 days before the children's conditional green cards expire to file. If you apply early, there may be a chance that the ROC could be denied. If you apply within the 90 days, then you are safe. I would rather take the same route since having a conditional green card isn't going to hurt them.

[Rod.Arnett 0]

I already sent the application in and it was sent back, citing the rule listed here. My problem was that the local office here misinformed me about the kids and when they can file. Hopefully that doesn't come back to haunt me. Regardless, I'll file for mom and then for the kids when their window opens. I was hoping "file separately" might mean they can apply at the same time, just in different mailings.

I have to say that my experience with this process has really left me disappointed in my country. I'm not saying it should be easy to get in, but it shouldn't be unnecessarily tedious and obtuse either. It's easier to get in Heaven than the US.

Thank you all for your replies. You're very generous to take time out and help people here.

[aaron2020 11,652]

I already sent the application in and it was sent back, citing the rule listed here. My problem was that the local office here misinformed me about the kids and when they can file. Hopefully that doesn't come back to haunt me. Regardless, I'll file for mom and then for the kids when their window opens. I was hoping "file separately" might mean they can apply at the same time, just in different mailings.

I have to say that my experience with this process has really left me disappointed in my country. I'm not saying it should be easy to get in, but it shouldn't be unnecessarily tedious and obtuse either. It's easier to get in Heaven than the US.

Thank you all for your replies. You're very generous to take time out and help people here.

Have you been to the DMV or Social Security Administration lately? My father insists on going into the office. He doesn't trust computers.

Government bureaucracy is inherently obtuse. Rules are rules. No matter how stupid.

[bolin786 21]

You cannot apply to remove the conditions from the children's green cards when mom apply to remove her conditions because the children immigrated did not immigrate within 90 days of mom's arrival in the US. The children will need to apply separately to remove the conditions on their green cards.

From the instructions for Form I-751, Petition to Remove Conditions on Residence; http://www.uscis.gov.../i-751instr.pdf

Who may file Form I-751?

If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, use this form to petition for the removal of those conditions. If you have dependent children who acquired conditional resident status concurrently with you and entered the United States within 90 days of your arrival, then include the names and A-Numbers of these children in Part 5 of this form in order to have their conditional status removed. If you have dependent children who acquired conditional resident status after 90 days from the date of your adjustment or if the conditional resident parent is deceased, then those dependent children must file Form I-751 separately to have their conditional status removed.

Aaron2020,

I submitted a similar question in a recent thread. My question is regarding the confusing wording in the USCIS instructions. In the first sentence it states that if "you have dependent childrren who acquired resident status concurrently with you AND entered the US within 90 days of your arrival, then include them in Part 5 of this form. " However, the second sentence reads "if you have dependent children who acquired conditional resident status ater 90 days from the date of your adjustment, then those dependent children must file Form I-751 separately." In my case my daughter in law arrived 4 months after my fiancee, however obtained her conditional residency within 90 from the date of adjustment of her mother. So which applies? The first part or the second since they are clearly not the same. Thanks Archie

[aaron2020 11,652]

Aaron2020,

I submitted a similar question in a recent thread. My question is regarding the confusing wording in the USCIS instructions. In the first sentence it states that if "you have dependent childrren who acquired resident status concurrently with you AND entered the US within 90 days of your arrival, then include them in Part 5 of this form. " However, the second sentence reads "if you have dependent children who acquired conditional resident status ater 90 days from the date of your adjustment, then those dependent children must file Form I-751 separately." In my case my daughter in law [she's your stepdaughter, not not your daughter-in-law] arrived 4 months after my fiancee, however obtained her conditional residency within 90 from the date of adjustment of her mother. So which applies? The first part or the second since they are clearly not the same. Thanks Archie

Your stepdaughter does not meet the requirement of the first sentence - she did not enter the US within 90 days of their mother's arrival. She followed her mother 4 months later (which is more than 90 days). So, her mom does not include them in her I-485. That's it. Done. File separately.

You change the meaning of the sentence by add "however." That word implies an exception. That's not how the sentenced is worded. The word "however" does not appear there.

The second sentence does not allow your stepdaughter to apply with her mother either. It read that a child must file separately if the child receives conditional residency more than 90 days after the parent's adjustment. This sentence does not apply to a child who receives conditional residency within 90 days of a parent's adjustment. Nothing about a child who receives conditional residency within 90 days of a parent's adjustment is covered by this sentence. This sentence does not apply to your stepdaughter.

Edited April 27, 2012 by aaron2020