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Filed: Citizen (apr) Country: Hungary
Timeline
Posted

You can, provided that your income is above 125% of the poverty line for your household count +1 (the intending immigrant).

It will not affect you negatively.

As long as you meet the income requirement, but be aware USCIS might issue REF for your 10 year green card, thus delay your friend's application.

Why would they? There is no rule saying that conditional permanent residents cannot sponsor.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: Country: Brazil
Timeline
Posted (edited)

You can, provided that your income is above 125% of the poverty line for your household count +1 (the intending immigrant).

It will not affect you negatively.

Why would they? There is no rule saying that conditional permanent residents cannot sponsor.

Who said conditional green card holder cannot sponsor? Having said that, USCIS have the right to verify that the sponsor is legal resident, and is very likely to do so. If you failed to remove condition on green card, you are not legal resident, thus ineligible as a definition of a sponsor.

Edited by zkt101
Filed: Citizen (apr) Country: Hungary
Timeline
Posted

Who said conditional green card holder cannot sponsor? Having said that, USCIS have the right to verify that the sponsor is legal resident, and is very likely to do so. If you failed to remove condition on green card, you are not legal resident, thus ineligible as a definition of a sponsor.

Except he filed his I-751 thus did not fail to remove conditions.

OP, assuming you are still married to your USC spouse, you should file your N-400, that would force USCIS to adjudicate your I-751.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: Country: Brazil
Timeline
Posted

Except he filed his I-751 thus did not fail to remove conditions.

OP, assuming you are still married to your USC spouse, you should file your N-400, that would force USCIS to adjudicate your I-751.

He neither fails nor completes his removal of conditional status. What if his I-751 drag on for another year, and his friends I-485 is approved pending the REF for the 10 year green card? There will certainly be a delay in the approval of his friend's AOS until proof of sponsor's legal residence is received.

Filed: Citizen (apr) Country: Hungary
Timeline
Posted (edited)

He neither fails nor completes his removal of conditional status. What if his I-751 drag on for another year, and his friends I-485 is approved pending the REF for the 10 year green card? There will certainly be a delay in the approval of his friend's AOS until proof of sponsor's legal residence is received.

Where in the I-864 instructions does it say that conditional permanent residents can't sponsor? Conditional permanent residents are legal permanent residents therefore they can sponsor.

OP is a conditional permanent resident while his I-751 is pending, however long it is pending. Proof of his legal status is in the first year the expired GC & the one-year extension letter, after that an I-551 stamp in the foreign passport can be obtained through Infopass.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: Country: Brazil
Timeline
Posted (edited)

Where in the I-864 instructions does it say that conditional permanent residents can't sponsor? Conditional permanent residents are legal permanent residents therefore they can sponsor.

OP is a conditional permanent resident while his I-751 is pending, however long it is pending. Proof of his legal status is in the first year the expired GC & the one-year extension letter, after that an I-551 stamp in the foreign passport can be obtained through Infopass.

I already answered your questions in detail.

Edited by zkt101
Filed: Citizen (apr) Country: Hungary
Timeline
Posted

I already answered your questions in detail.

No, you have not.

OP IS a legal permanent resident, therefore he can sponsor. End of story.

You keep saying he needs a 10-year Green Card. He does not.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Filed: Lift. Cond. (pnd) Country: Chile
Timeline
Posted

Thanks for your responses, you guys are the best. My case has been pending for 2 years so I created a UCSC Service request, I received a mail yesterday indicating that my application was still pending and will receive a decision from USCIS within 120 days.

USCIS is committed to adjudicating immigration application in a timely manner, effectively and in the order it was recieved. We hope this information was helpful. My question is my case has been pending for 2 years already how much longer does it need to take?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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