Lifting of Conditions in Residency - do I need AOS?

[The_Hot_Herrons 0]

Hello!

I am about to apply for my permanent residency / request for the conditions of residency to be lifted before my 2nd anniversary on Oct 7, 2012. I am checking at the USCIS website and I found out that I only need to fill up one form - the I-751 and attach all supporting documents within the first 90 days before 2nd anniversary. I thought the whole time I need to present an AOS and show documents for income requirement and stuff like that. I searched the whole VISA JOURNEY website and other immigration forums but I did not find anything about showing AOS. I just want to ask here and confirm with those who have gone through this process - Can you verify for me that I do not need to submit an AOS form and provide documentation of income requirements?

Thanks in advance!

Chrissie H

[Inky 1,110]

When removing conditions there is NO income information involved other than proving your 2 years of marriage with co-mingling finances and joint tax returns.

Hopefully you have papers spanning 2 years of your marriage to prove this, please read the guide on VJ because you need to send more than just a 751 form to them.

Also it has nothing to do with " 2 year anniversary." You are to file at the earliest 90 days before the expiration of the green card. Not your anniversary.

Not a spousal visa process / procedure - moved from spousal visa forums to Removal of Conditions forums.

Edited May 21, 2012 by Inky

[DouglasFiel 53]

This is a cleansed copy of what I sent last year. It was approved and accepted without an interview...

Note: She received her 10 year GC about 6 months after her 2 year GC anniversary date.

05/26/2010

USCIS Vermont Service Center

75 Lower Weldon St.

P.O. Box 200

St. Albans, VT 05479-0001

RE: I-751 JOINT PETITION TO REMOVE CONDITIONS OF STATUS ON:

(CR1 VISA) {Spouse Full Name}, A#xxx-xxx-xxx

Dear USCIS examiner:

Enclosed please find a JOINT I-751 petition for removal of conditions of permanent resident status regarding my wife, {Spouse Full Name}. Please also find a check for $590.00, the fee for this form. My wife entered the US on a CR1 visa. We are all happily living together and request that this petition be accepted for removal of conditions on the residence of my wife {Spouse Full Name}.

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

• Photocopy of green card of (immigrant spouse).

• Three affidavits by U.S. citizen relative/neighbors, attesting to our relationship and marriage.

• Copy of our daughters birth certificate

• Printout of a family picture taken in Dec 2010 with our daughter

• Copy of the 2010 income tax return (form 1040) showing joint filing

• Photocopy of driver license with joint address (Issued Dec 2010)

• Photocopy of Medical Insurance card for {Spouse Full Name}, and {Daughters Name} showing she is on my company health plan

• Photocopy of Insurance benefit payment showing that she is using my health insurance

• Photocopy Automobile Insurance Declaration showing {Spouse Full Name}, and {Husbands Name} (husband) on a shared policy

• Photocopy Transamerica Life Insurance showing {Spouse Full Name} (spouse) is the named beneficiary for a $xxx,xxx life insurance policy.

• Photocopy of Transamerica Life Insurance indicating the policy is current

You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

Sincerely,

{Husbands Full Name}

Regards,

dc

[engineer21 51]

Hello!

I am about to apply for my permanent residency / request for the conditions of residency to be lifted before my 2nd anniversary on Oct 7, 2012. I am checking at the USCIS website and I found out that I only need to fill up one form - the I-751 and attach all supporting documents within the first 90 days before 2nd anniversary. I thought the whole time I need to present an AOS and show documents for income requirement and stuff like that. I searched the whole VISA JOURNEY website and other immigration forums but I did not find anything about showing AOS. I just want to ask here and confirm with those who have gone through this process - Can you verify for me that I do not need to submit an AOS form and provide documentation of income requirements?

Thanks in advance!

Chrissie H

Hello Chrissie!

The 90 day window is calculated based on the expiration date on your green card (not wedding anniversary)

USCIS calls it "anniversary" but they mean anniversary for becoming a permanent resident.

They like to confuse

Use the calculator in this link and just enter your GC expiration date.

http://www.uscis.gov/dateCalculator.html

It will give you the EARLIST date you are allowed to file.

be careful not to file too early or too late!

And yes, you only need the i-751 form.

But you also need to send evidence of bonafide marriage as the previous poster listed.

Good luck!

Edited May 21, 2012 by engineer21

[DouglasFiel 53]

Hello Chrissie!

The 90 day window is calculated based on the expiration date on your green card (not wedding anniversary)

USCIS calls it "anniversary" but they mean anniversary for becoming a permanent resident.

They like to confuse

Use the calculator in this link and just enter your GC expiration date.

http://www.uscis.gov/dateCalculator.html

It will give you the EARLIST date you are allowed to file.

be careful not to file too early or too late!

And yes, you only need the i-751 form.

But you also need to send evidence of bonafide marriage as the previous poster listed.

Good luck!

Good catch,,, Yes,,, it looks like the earliest date you can file is 07/09/2010 based upon your point of entry date

of 10/7/2010.

If you file earlier it will not be accepted... Not sure about the money. I suppose it would be forfeited.

Regards,

dc

Edited May 22, 2012 by DouglasFiel

[VanessaTony 3,567]

Good catch,,, Yes,,, it looks like the earliest date you can file is 07/09/20102012 based upon your point of entry date of 10/7/2010.

If you file earlier it will not be accepted... Not sure about the money. I suppose it would be forfeited.

Nah. The packet would be rejected and money returned. Only when the packet is accepted and processed and THEN denied is the money forfeited.

[The_Hot_Herrons 0]

Thank you all for the responses! yes when I said 2nd anniversary, thats the 2nd year of my conditional residency here in the US. I entered on Oct 7, 2010 and the 2nd year will be up on Oct 7, 2012.

So far, based my calculations also, I need to file it no earlier than 07/09/2012. I have already started organizing all my documents and so far here is what I have so far. I still need to get some testimonies from our friends and family and neighbors too to testify about our bona fide marriage.

- copy of my green card

- copy of our son's birth certificate from 2011

- two copies of our family photos from 2011 and 2012

- copy of 2011 joint income tax return

- copy of drivers license (showing the same address)

- copy of life insurance plan showing both me and my son are under my husband's plans

- copy of medical insurance plan showing both me and my son are under my husband's plans

- copy of lease agreement and home insurance with both our names in it

Thank you all so much! So far I think I have everything that I need, I just want to be prepared and just wait for 7/9/2012 to come around!

Cheers!

Chrissie H

[The_Hot_Herrons 0]

Hello all!

Thanks for all the help! Was able to pass my ROC papers yesterday and I included the following:

- money order for $590 (filing fee + biometric fee)

- I-751 - completely filled up

- copy of my green card

- copy of our son's birth certificate from 2011

- 6 copies of our family photos from 2011 and 2012

- copy of 2011 joint income tax return

- copy of drivers license (showing the same address)

- copy of life insurance plan showing both me and my son are under my husband's plans

- copy of medical insurance plan showing both me and my son are under my husband's plans

- copy of lease agreement and home insurance with both our names in it

- copy of our investment account with both our names in it

- three sworn affidavit testimonials from family members and friends

Thanks!

Chrissie H

[Sandra G. 5,023]

How about bank statements?

Edited July 10, 2012 by sandranj