Filing I-751 without husband

[RainbowMonkey 24]

My conditional green card is expiring on Feb2019 and i am suggested to file Form I-751 around the first week of November. The thing is, my husband would be in training by the end of this year, maybe the whole Oct-Dec2018. So, how do i go about filing the form I-751 when he's in training? Should i go ahead and fill it up while he's here and just submit it on November? Or i could file it without his signature?

 

And also about the fees, I've read that military can get their filing fee waived. Does that include the family too, or just the service member?

 

How long does it take to get the 10yr green card after filing? How is the process? Is there any interviews or biometrics that would need me and/or my husband to attend to? I am planning a trip to go back home by the end of the year so if there's any appointments that i would need to attend to, i should just not pursue with my travel plans.

 

Thank you for any information!

[Liam2021 583]

You better gather as much as proofs you have right now and submit it on November.I-751 is the join filling and you can submit it 3 months before your GG expired( in your case October).

[VNN 147]

1. Depending where he gets trained/deployed, you can submit it without his signature but photocopy of the official orders or a letter from the military member’s commanding officer must be submitted along with your form. To be honest, you can wait until his return and submit it on Jan 2019.  The soonest you can submit your application is >90 days before its expiration, so early Jan 2019 is not that bad.

 

2. I do not think they will waive I-751 fee based on the fact that you are married to military only - fee can be waived base on financial issue (Form I-912)

 

3. The total normal process can be checked via https://egov.uscis.gov/processing-times/, it is somethings like 1.5 to 2 years.

 

 

[VNN 147]

Just want to add - people will normally file N-400 while waiting for I-751 being approved when they are around 2-3 months reaching 3 years requirement.

Edited September 20, 2018 by RTLE

[RainbowMonkey 24]

1 hour ago, H&T said:

You better gather as much as proofs you have right now and submit it on November.I-751 is the join filling and you can submit it 3 months before your GG expired( in your case October).

What proof can i submit? All i can think of is bank account, insurance and also our 1yo son - so maybe his BC. 

[RainbowMonkey 24]

56 minutes ago, RTLE said:

Just want to add - people will normally file N-400 while waiting for I-751 being approved when they are around 2-3 months reaching 3 years requirement.

Thank you! I would just ask his COC for the hard order for his training. Although I’m not sure if they do have it since he’d just be training somewhere here in the US too. 

 

That’s what i was thinking. I’ve been researching if i could just file N400 instead of going through the I751 ‘coz it’s just so much fees. 🙃 i guess there’s no way around it. I asked the military legal office and was told they don’t do anything regarding immigration so 🤷🏻‍♀️ 

 

Thank you for your input! 

[geowrian 22,337]

5 hours ago, RainbowMonkey said:

I’ve been researching if i could just file N400 instead of going through the I751 ‘coz it’s just so much fees. 🙃

Nope. You must have removed conditions before you can be granted citizenship. As noted above, you can file for naturalization while ROC is pending, and they may adjudicate both at the same time.

[Roel 7,192]

You cant waive the fee. Military is not above everyone else and have to pay also. Sorry to burst your bubble here. 

 

You cant file for n400 without RoC filled first. Also n400 would not even be approved without ROC approved first. 

 

Process takes about 12 to 15 months. And no, don't count on any more military benefits or expedites.  There will be no interview probably. 

[Roel 7,192]

6 hours ago, RainbowMonkey said:

What proof can i submit? All i can think of is bank account, insurance and also our 1yo son - so maybe his BC. 

Your son is not a proof. 

 

Joint account. Health insurance. Power of attorney. Joint leases and bills. Military ID showing you as dependant. Mortgage or loans you took together. Life insurance. This kind of stuff. 

 

Again. They won't treat you or your case any different from civilian case. 

[lysander 14]

3 hours ago, Roel said:

Your son is not a proof.

I thought the regulation said, "Form I-751 shall be accompanied by evidence that the marriage was not entered into for the purpose of evading the immigration laws of the United States. Such evidence may include: . . . (iv) Birth certificates of children born to the marriage".

Edited September 21, 2018 by lysander

[Roel 7,192]

54 minutes ago, lysander said:

I thought the regulation said, "Form I-751 shall be accompanied by evidence that the marriage was not entered into for the purpose of evading the immigration laws of the United States. Such evidence may include: . . . (iv) Birth certificates of children born to the marriage".

Ok. Let me rephrase 

Child is not as strong evidence as joint finances. 

[RainbowMonkey 24]

6 hours ago, geowrian said:

Nope. You must have removed conditions before you can be granted citizenship. As noted above, you can file for naturalization while ROC is pending, and they may adjudicate both at the same time.

Okay thanks!! Does the 3yr residency start from the conditional green card release or from marriage?

[RainbowMonkey 24]

5 hours ago, Roel said:

Your son is not a proof. 

 

Joint account. Health insurance. Power of attorney. Joint leases and bills. Military ID showing you as dependant. Mortgage or loans you took together. Life insurance. This kind of stuff. 

 

Again. They won't treat you or your case any different from civilian case. 

Great thanks! I have everything. Also, I’m not hoping for a special treatment just because I’m a military spouse. I was just sinply asking. 

[VNN 147]

6 minutes ago, RainbowMonkey said:

Great thanks! I have everything. Also, I’m not hoping for a special treatment just because I’m a military spouse. I was just sinply asking. 

• Just a side note: as others said, you must file I-751, you cannot skip it and file N-400. What I meant file N-400 while I-751 is pending.

 do not worry too much, I did several AOS for my relatives and none was required to have an interview.  Just provide solid evidences to show

• Joint properties
• Joint bank account
• Retirement plan beneficiary is under the name of the spouse
• Pictures in special occasions 
• ..... kid(s) 🤗

[RainbowMonkey 24]

10 minutes ago, RTLE said:

• Just a side note: as others said, you must file I-751, you cannot skip it and file N-400. What I meant file N-400 while I-751 is pending.

 do not worry too much, I did several AOS for my relatives and none was required to have an interview.  Just provide solid evidences to show

• Joint properties
• Joint bank account
• Retirement plan beneficiary is under the name of the spouse
• Pictures in special occasions 
• ..... kid(s) 🤗

Yup! Gotcha! Thank you so much! We didn’t get an interview for my K1 too. GC just showed up in the mail. ☺️

 

We have joint accounts and such but we might need to start taking pictures tho. We both hate being photographed so we need to work on that. 🙃