Conditional Resident Vs Lawful Permanent Resident Spouse.

[Kimberleyjayneaga 7]

Just in the process of applying to remove my conditions for my Greencard (needs to be done by Apri) so am gathering all my items and filling out 1-751. 

 

It says in the instructions that if you are a conditional resident you must include biometrics fee, if you are a lawful permeant resident of a spouse you don't need to. I am married to a US citizen and have had biometrics done when had my changes of status (came in on a K-1). Which applies to me as my green card does have conditions? I get so bogged down with wording. 

 

Another question I have is regards to travel - I have had a death in the family and am hoping to head home for the funeral in the coming weeks (covid regulations dependent). From what I understand I can travel with the Greencard and a NOA that I receive? I know the card doesn't expire until April but I always like to be safe as I get nervous about not being allowed back in. 

 

Any help appreciated - thanks in advance!

 

Kim

[da95826 387]

When you are required to submit a I751 application package within 90 days of the expiration of your conditional green card all i751 fliers must pay for both the i751 application fee and the biometric fee for the petitioner (the conditional green card holder). 

 

Yes, after you file your i751 application successfully you will receive a notice of action from USCIS of receipt of your i751 application, that notice will contain your 18 month extension of your conditional green card. 

 

The NOA with the extension letter along with an expired conditional green card is needed for out of USA travel and other proof of your continued legal residence status.

 

The extension letter is good for 18 months after the conditional green card expires. 

 

With a pending i751 application the petitioner's LPR status does not expire even after CGC and extension letters expires, only proof of LPR status expires not he LPR status itself. 

 

You current conditional green card is good for travel up to the day it expires. Al long as you return to the USA before it expires you are go to go.

Edited January 7, 2021 by da95826

[da95826 387]

Two other points,

It is taking up to 2 months for i751 petitioners to receive the NOA after filing a i751 application due a lockbox backlogs at USCIS

 

Also do not file even one day early your i751 application it is 90 days or less before CGC expires (not 3 months).

Edited January 7, 2021 by da95826

[da95826 387]

To be clear, since you are married to an US citizen only the green card holder needs to pay for the biometrics. 

 

The petitioner and the beneficiary is the conditional green card holder, the US citizen is the spouse on the i751 application. 

[Kimberleyjayneaga 7]

Thank you greatly @da95826 so I will include the biometrics payment for me (the GC holder) along with the fee.

 

I didn't realize the NOA would take so long, but as long as I am back before April (which I certainly should be) then I guess I will travel without it. 

 

Yes I think the first day I could apply was the 1st and I am hopefully sending it this coming Monday. 

 

Thanks again 

 

Kim

 

 

[da95826 387]

Normally it took two weeks or so to get an NOA after filing, but for some reason during COVID it has extended out weeks and weeks. After you file i751 monitor weather or not USCIS cashes your check to see when the application was accepted, cash check equals application accepted. 

 

Be sure to collect joint bank account transactions info for whole marriage, joint tax returns for each year of marriage,  W2 during marriage, home cohabitation proof joint lease, mortgage, children birth certificates, pictures. state ids with common address....

 

Good luck

[Kimberleyjayneaga 7]

Thanks @da95826- I had only done most recent taxes but it would make sense to do more than one year. I have compiled photos, previous tenancies, bank statements for our joint accounts and mail to the address for where we both live. 

 

One thing we are struggling with is I am not on the mortgage (I didn't have a good credit history as I have only lived here for a few years so the bank advised it to be his name) so I am wondering if I should write an accompanying letter explaining why I am not on the mortgage? I have proof I live there on my pay stubs etc.

 

Also - sorry to keep asking questions! Do you know if I make 2 separate check for the biometrics + fees, or compile them into 1?

[Liam2021 583]

30 minutes ago, Kimberleyjayneaga said:

Thanks @da95826- I had only done most recent taxes but it would make sense to do more than one year. I have compiled photos, previous tenancies, bank statements for our joint accounts and mail to the address for where we both live. 

 

One thing we are struggling with is I am not on the mortgage (I didn't have a good credit history as I have only lived here for a few years so the bank advised it to be his name) so I am wondering if I should write an accompanying letter explaining why I am not on the mortgage? I have proof I live there on my pay stubs etc.

 

Also - sorry to keep asking questions! Do you know if I make 2 separate check for the biometrics + fees, or compile them into 1?

Just submit anything you got. Also, don't worry too much about mortgage. We all know mortgage loan is a big purchase, and it even more harder under current economy situation. Tax return, bank statement, pay stub, club membership, insurance, driver license, pictures, boarding pass... Anything you can think of.

[Kimberleyjayneaga 7]

Thanks @Liam2021 I am throwing everything we have so that nothing is delayed (we hope!)

[da95826 387]

As far as taxes go, send tax returns for each year you have been married, the best thing to send is the IRS tax transcripts from the IRS web page. Easy and quick to download the transcripts on line. USCIS prefers tax transcripts anyway

 

To compensate for not being on mortgage you can explain why you are not, and provide the additional evidence that you live together there; like ID showing same address, W2 and other documents mail to your common home address, include mail sent in your name to home address..  You can obtain affidavits from family and friends that can attest that you live together as a married couple at your home together. 

 

Things to send..

IRS transcripts for each year a marriage

W2 and 1099 for each year of marriage (show income and addresses)

Copies driver licenses or state ID with common addresses spouse and petitioner

Joint account info throughout marriage

photos together at events and family

 

Try to provide evidence that covers the whole marriage as much as you can

 

 

[HRQX 4,145]

13 hours ago, Kimberleyjayneaga said:

if you are a lawful permeant resident of a spouse you don't need to.

The part that says "U.S. Citizen or Lawful Permanent Resident Spouse" is referring to the spouse that signs Part 8. Let's say a Green Card holder* sponsored a spouse a few years ago and when that beneficiary became a PR their marriage was less than 2 years old. In that case, the status was Conditional. See INA 216(h). That scenario is now more common than in the past because F2A has been Current since July 2019 Visa Bulletin. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-july-2019.html

 

*I'll quickly note that PRs that get their status through marriage (and the previous Spouse is still alive) either have to wait 5 years to sponsor a new spouse or get an exception from USCIS to this requirement. See INA 204(a)(2).

Edited January 8, 2021 by HRQX

[Kimberleyjayneaga 7]

@da95826 thank you for the advice. We are including a letter that explains the mortgage, and in our affidavits our father-in-law (who was also our lawyer for the closing of the house) explains the situation too. 

We also have our home insurance policy (in both of our names) W2s, and joint health insurance all registered at the address. I am including some bills from each of us too, as well as a letter from our bank that states we have co-mingled accounts, and account transcripts for both our checking and saving.  

 

Hoping that should be enough.

 

 

[Kimberleyjayneaga 7]

6 hours ago, HRQX said:

The part that says "U.S. Citizen or Lawful Permanent Resident Spouse" is referring to the spouse that signs Part 8. Let's say a Green Card holder* sponsored a spouse a few years ago and when that beneficiary became a PR their marriage was less than 2 years old. In that case, the status was Conditional. See INA 216(h). That scenario is now more common than in the past because F2A has been Current since July 2019 Visa Bulletin. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-july-2019.html

 

*I'll quickly note that PRs that get their status through marriage (and the previous Spouse is still alive) either have to wait 5 years to sponsor a new spouse or get an exception from USCIS to this requirement. See INA 204(a)(2).

Ohhhhh I see - that makes sense now 

[Calicolom 266]

15 hours ago, da95826 said:

As far as taxes go, send tax returns for each year you have been married, the best thing to send is the IRS tax transcripts from the IRS web page. Easy and quick to download the transcripts on line. USCIS prefers tax transcripts anyway

 

To compensate for not being on mortgage you can explain why you are not, and provide the additional evidence that you live together there; like ID showing same address, W2 and other documents mail to your common home address, include mail sent in your name to home address..  You can obtain affidavits from family and friends that can attest that you live together as a married couple at your home together. 

 

Things to send..

IRS transcripts for each year a marriage

W2 and 1099 for each year of marriage (show income and addresses)

Copies driver licenses or state ID with common addresses spouse and petitioner

Joint account info throughout marriage

photos together at events and family

 

Try to provide evidence that covers the whole marriage as much as you can

 

 

Even before my now wife arrived in the US I contacted magazines and advertisements in her name to be send to our address.