Question about Removing of Conditions (Form I-751)

[Balamban 113]

Next year we'll have to do Form I-751 within three months prior to the two year green card expiration date.  I understand the form via the guide here.

 

Does USCIS look at the US citizen's income at the time of filing?

 

My (the US citizen) income currently is well below 150% poverty level.  I'd need about $10,000 to increase my passive income, which is social security income.  Must I return to work to increase income or is the income requirement now behind us?  Currently I'm enrolled full time working for a Bachelor's degree and so I'm wondering should I put that on hold and get a job to make sure my income is above the 150% guideline?

 

Thanks in advance.

[Ontarkie 13,915]

~~Moved to ROC from AOS - The question is for the ROC process.~~

[USS_Voyager 1,971]

38 minutes ago, Balamban said:

Does USCIS look at the US citizen's income at the time of filing?

No. I think the public charge determination has already been made when they approved the I-485. No need to worry about that. The I-751 is just about continued evidence of a bona fide marriage since the time your spouse got the green card to the 2 years mark. 

[Balamban 113]

Thank you.  If anyone else disagrees please respond.

[geowrian 22,335]

Public charge is not an issue and nothing regarding one's financial ability is necessary. Evidence of holding joint accounts is fine to include, but the amount of income or assets will not be considered.

 

Also, note that the timeline to file is 90 days, not 3 months. This can be and has been both a distinction and a difference. Even 1 day prior to 90 days will get rejected.

[Carpe Vinum 2,310]

Has your  AOS been approved yet? Just perusing your timeline)

Edited October 21, 2019 by boris64

[Balamban 113]

Thanks.  Boris64: Yes, and two-year Green Card received.  I've updated most of our  timeline here, thanks  for the nudge.

 

Geowrian: Excellent point! 

 

Long ago I spent 3 months living in Chiang mai, Thailand (I highly recommend the place!).  Then I had used a travel agent who was very good.  However, neither of us bothered to relate "a 90 day visa" to 3 months and indeed, they were not the same.  My agent scheduled flights for 3 months which came to 91 days, putting me in overstay for one day.  I still remember spending almost an entire day (the day before I was scheduled to fly back to America) getting an extension (for one day).

 

I shall make sure that we send the form back around a week into the 90 day period.

[Pitaya 2,576]

On 10/21/2019 at 11:31 AM, Balamban said:

I shall make sure that we send the form back around a week into the 90 day period.

Agree, and sending it in 7 days into the 90 period is likely to be of little consequence when you consider that the current average ROC processing time is over one (1) year, or more! 

[Balamban 113]

8 hours ago, Pitaya said:

Agree, and sending it in 7 days into the 90 period is likely to be of little consequence when you consider that the current average ROC processing time is over one (1) year, or more! 

So what happens then?  The current Green card will be expired and if the 10 year card will not arrive for another 9 months is the immigrant in overstay?

[geowrian 22,335]

1 minute ago, Balamban said:

So what happens then?  The current Green card will be expired and if the 10 year card will not arrive for another 9 months is the immigrant in overstay?

A green card is only evidence of LPR status, not status itself. An expired card doesn't remove status.

 

Once you file, you will get an extension letter that extends the validity period of the existing green card. Currently it does so by 18 months.

[Pitaya 2,576]

geowrian is correct.  Additionally, I would suggest that you take the time to review some of the many similar-themed threads, posted individually, and in the monthly threads, speaking about the solutions to the possible "what-ifs" if the ROC process is not adjudicated within the 18 month extension letter time period.

 

Believe me, if you read about the protracted processing times for AOS adjudication, "you ain't seen nothing yet,' regarding the number of couples that are being strung along awaiting their ROC adjudication, by a seriously strained USCIS system. At the time, we thought that our 10 month experience mired in the ROC processing was long, but these days USCIS seems to have taken to a new level. A lot of folks end up filing for ROC, waiting and waiting....., then eventually also applying for USC, while still waiting for their ROC to be completed. The real kicker is when their USC app is approved, but their ROC app is still pending... Read some of the threads if you think I am exaggerating.....

 

Good luck on your immigration journey.