CR-1 Removal of conditions question ( SPLIT)

[leeen21 27]

On 8/6/2023 at 10:33 AM, Crazy Cat said:

Removal of Conditions is not a fun experience.  You should avoid it if, at all, possible.

 

Context: My husband and stepkids are currently scheduled for their interviews at CDJ in Mexico on September 26, and our plan is to have them cross as soon as they get their visas (hopefully a week or two after - early-ish October). Our second wedding anniversary is March 11. We are (like many of us here on VJ) dying to finally live together; plus, getting my stepdaughters enrolled in school and having my husband get a U.S. job sooner rather than later is a major advantage.

 

Could you expand a little on why ROC should be avoided if possible? I've read through this thread and others that it is expensive ($595 x 4 for us - goodie!) and is extremely delayed. I guess my initial reaction is - well, sure, it may be a lot more waiting, but at least we'd be waiting together, living together. It's been hell doing all of this paperwork and paying all of this money, plus the waiting and waiting and waiting, all while living apart.

 

Is the ROC process particularly nerve-wracking? Is there a chance of losing status? Are the chances of getting denied high?

 

All that to say, this thread has me rethinking our plan a little bit. To wait until March would break my heart and crush me, but I'm curious of ROC is bad enough that it would be worth it to wait.

[Mike E 11,726]

7 minutes ago, leeen21 said:

Could you expand a little on why ROC should be avoided if possible?

See 

 

Do you want rhat to happen to you? Do you want USCIS to gas light you, and lie to you, and steal your I-751 fee? 
 

It is up to to you.
 

 

@Axl7 this comment from me confuses you as per your reaction:

21 hours ago, Mike E said:

Why ask I-751 questions since you now plan to not put her in a position where has to file I-751?

I suggest your wife start posting here.

 

Until then, I’ve contributed all I can, and I don’t wish to argue or bicker, so I won’t post more in this thread. 

[leeen21 27]

8 minutes ago, Mike E said:

Do you want rhat to happen to you? Do you want USCIS to gas light you, and lie to you, and steal your I-751 fee? 
 

It is up to to you.

Of course I don't.

 

But from reading that thread, it does not seem like a very common occurrence, and all the replies of the very knowledgeable VJ community have indicated that she is still in status, and there's been some error in the system OR the I-751 was denied. Are I-751 denials common?

[Mike E 11,726]

14 minutes ago, leeen21 said:

Of course I don't.

 

But from reading that thread, it does not seem like a very common occurrence, and all the replies of the very knowledgeable VJ community have indicated that she is still in status, and there's been some error in the system OR the I-751 was denied. Are I-751 denials common?

You were married March 11, 2022, your interview will be September  26, 2023. 
 

1. when was the medical?

 

2. to whom am I replying to? The petitioner or the beneficiary?

 

In addition there are kids involved.  There are too many tragedies when kids get caught up in I-751 debacles

 

 

 

Edited August 7, 2023 by Mike E

[Crazy Cat 39,597]

48 minutes ago, leeen21 said:

Is the ROC process particularly nerve-wracking? Is there a chance of losing status? Are the chances of getting denied high?

1.  It is more paperwork and more money.  You must provide sufficient evidence of a bona fide marriage...again.

2.  After the conditional GC expires, you have to keep up with the original extension letter.  Some people have had issues when renewing driver's licenses, boarding planes, etc.

3.  If your case is still not processed after the extension letter expires, you must try to get an appointment or a mailed ADIT stamp from USCIS.  Some people have had a LOT of trouble getting USCIS to cooperate.

4.  Status remains intact.  However, maintaining evidence of status has been an issue for some folks. See #3 above.

5.  Only about 1% of I-751s are actually denied.

It took USCIS 44 months to process my wife's I-751.  We had a rock-solid case with no RFEs.  Your miles may vary, of course.  My point is that avoiding Removal of Conditions will eliminate a LOT of hassle and extra expense.  Of course, sometimes, individual priorities override the inconvenience.  In the case of the OP, I would seriously consider waiting to enter.  Just my courteous opinion.  Good luck on your personal journey.

Edited August 7, 2023 by Crazy Cat

[leeen21 27]

5 minutes ago, Mike E said:

You were married March 11, 2022, your interview will be September  26, 2023. 
 

1. when was the medical?

 

2. to whom am I replying to? The petitioner or the beneficiary?

 

In addition there are kids involved.  There are too many tragedies when kids get caught up in I-751 debacles

 

 

 

I am the USC petitioner. The medical is scheduled for September 21, prior to the interview.

 

Can you expand on what tragedies happen with kids are involved in I-751?

[leeen21 27]

11 minutes ago, Crazy Cat said:

1.  It is more paperwork and more money.

2.  After the conditional GC expires, you have to keep up with the original extension letter.  Some people have had issues when renewing driver's licenses, boarding planes, etc.

3.  If your case is still not processed after the extension letter expires, you must try to get an appointment or a mailed ADIT stamp from USCIS.  Some people have had a LOT of trouble getting USCIS to cooperate.

4.  Status remains intact.  However, maintaining evidence of status has been an issue for some folks. See #3 above.

5.  Only about 1% of I-751s are actually denied.

It took USCIS 44 months to process my wife's I-751.  Your miles may vary, of course.  My point is that avoiding Removal of Conditions will eliminate a LOT of hassle and extra expense.  Of course, sometimes, individual priorities override the inconvenience.  In the case of the OP, I would seriously consider waiting to enter.  Just my courteous opinion.  Good luck on your personal journey.

Thanks for your detailed response!

 

Re: paperwork + fees, understood - par for the course with U.S. immigration. I did just read that if dependent children enter with the parent (who is the spouse of the USC petitioner), they can be included on the same I-751 and pay one fee. We have four cases total, each being their own principal applicant - my husband, 18yo stepchild, 16yo stepchild, and 14yo stepchild. Any idea if those would be one I-751 and one fee? Would 18yo be on her own I-751 because she is an adult?

 

The major issue I'm getting is that the extension letters are not universally "recognized" in the way that they should be (re: DLs, air travel, etc.). We do live on the border and will be frequently making trips into Mexico (no farther than 10-15 miles in) to see family, so a potential worry every time my husband/stepkids re-enter. It seems like it's not so much a fear of getting denied, but a constant worry that something won't work out or go through correctly because it's conditional and reliant on an extension letter and USCIS not being at all helpful in those situations.

 

Appreciate your input - you've certainly given us a lot to think about!

Edited August 7, 2023 by leeen21

[Mike E 11,726]

1 minute ago, leeen21 said:

I am the USC petitioner. The medical is scheduled for September 21, prior to the interview.

So the visas will expire March 21, 2024, and the 2 year wedding anniversary is March 11, 2024. Easy choice, you, Dad and his kids walk into the U.S. from Hidalgo on March 12, 2024, and you drive them home. 

1 minute ago, leeen21 said:

 

Can you expand on what tragedies happen with kids are involved in I-751?

Suffice to say I do not believe innocent children should be held hostage by the failure of the parents to file a proper I-751 or their failure to maintain a bonafide marital union after point entry. Kids should always get 10 year GCs. Anything less is horrible.

 

As I noted before, I am out of this thread until the beneficiaries start posting. 
 

 

[Dashinka 23,355]

2 minutes ago, leeen21 said:

Thanks for your detailed response!

 

Re: paperwork + fees, understood - par for the course with U.S. immigration. I did just read that if dependent children enter with the parent (who is the spouse of the USC petitioner), they can be included on the same I-751 and pay one fee. We have four cases total, each being their own principal applicant - my husband, 18yo stepchild, 16yo stepchild, and 14yo stepchild. Any idea if those would be one I-751 and one fee? Would 18yo be on her own I-751 because she is an adult?

 

The major issue I'm getting is that the extension letters are not universally "recognized" in the way that they should be (re: DLs, air travel, etc.). We do live on the border and will be frequently making trips into Mexico (no farther than 10-15 miles in) to see family, so a potential worry every time my husband/stepkids re-enter. It seems like it's not so much a fear of getting denied, but a constant worry that something won't work out or go through correctly because it's conditional and reliant on an extension letter and USCIS not being at all helpful in those situations.

 

Appreciate your input - you've certainly given us a lot to think about!

Not sure about the I751 question, but I believe if everyone enters together they can be included on one I751, but you may need to pay a biometrics fee for everyone.

 

As to traveling with the extension letter, yes it can be a pain especially if traveling by air.  My wife always kept a copy of the CBP Carrier Guide with her in case she needed to educate an airline clerk.  In your case, entering via a land crossing, it should be easier since you are only dealing with CBP directly and they should be familiar, but if not, show them their carrier guide page 13.

 

Good Luck!

 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

[leeen21 27]

10 minutes ago, Dashinka said:

Not sure about the I751 question, but I believe if everyone enters together they can be included on one I751, but you may need to pay a biometrics fee for everyone.

 

As to traveling with the extension letter, yes it can be a pain especially if traveling by air.  My wife always kept a copy of the CBP Carrier Guide with her in case she needed to educate an airline clerk.  In your case, entering via a land crossing, it should be easier since you are only dealing with CBP directly and they should be familiar, but if not, show them their carrier guide page 13.

 

Good Luck!

 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

Thanks for this! Good to know that entering by land can be easier.

[pushbrk 12,230]

5 hours ago, leeen21 said:

Thanks for your detailed response!

 

Re: paperwork + fees, understood - par for the course with U.S. immigration. I did just read that if dependent children enter with the parent (who is the spouse of the USC petitioner), they can be included on the same I-751 and pay one fee. We have four cases total, each being their own principal applicant - my husband, 18yo stepchild, 16yo stepchild, and 14yo stepchild. Any idea if those would be one I-751 and one fee? Would 18yo be on her own I-751 because she is an adult?

 

The major issue I'm getting is that the extension letters are not universally "recognized" in the way that they should be (re: DLs, air travel, etc.). We do live on the border and will be frequently making trips into Mexico (no farther than 10-15 miles in) to see family, so a potential worry every time my husband/stepkids re-enter. It seems like it's not so much a fear of getting denied, but a constant worry that something won't work out or go through correctly because it's conditional and reliant on an extension letter and USCIS not being at all helpful in those situations.

 

Appreciate your input - you've certainly given us a lot to think about!

I'm far less militant about avoiding removing conditions than some members you are hearing from.  It's fees and process.  If delaying your family reunification almost six months would break your heart, then don't delay it.  The problems people fear do happen, but not frequently.  

 

When it comes to costs, you husband working a few months will far outweigh any of those costs.

[Unlockable 7,306]

*** Numerous posts were split from another member's thread. Please do not ask questions about your case in another member's thread. This leads to the OP of the original thread having help deterred from them. It also creates confusion in who needs help. 
 

Hijacking threads is extremely rude and inconsiderate and it makes it hard to keep the threads on this site organized and concise. Not to mention it is against the site's policy. We encourage member's to create their own thread instead of hijacking an ongoing topic of discussion and encourage veteran members to report hijacking post so appropriate action can be taken.

 

Thank you for understanding,

VJ Moderation

[leeen21 27]

3 hours ago, Unlockable said:

*** Numerous posts were split from another member's thread. Please do not ask questions about your case in another member's thread. This leads to the OP of the original thread having help deterred from them. It also creates confusion in who needs help. 
 

Hijacking threads is extremely rude and inconsiderate and it makes it hard to keep the threads on this site organized and concise. Not to mention it is against the site's policy. We encourage member's to create their own thread instead of hijacking an ongoing topic of discussion and encourage veteran members to report hijacking post so appropriate action can be taken.

 

Thank you for understanding,

VJ Moderation

I apologize for that. That was not my intention at all to create confusion, and I will not repeat that in the future.

Edited August 8, 2023 by leeen21
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[Chancy 6,233]

*** Moved from IR1/CR1 Process & Procedures to ROC General Discussion ***

 

[Jasskatten 23]

It is very rare to have any kinds of problems with I-751. In my opinion, if moving six months earlier is worth the filing fees and extra administrative work on your part to file I-751 for you, I would do so.

 

Most people go to these forums after they run in to problems, so by browsing internet forums, you would probably get a skewed picture of how common it is to run in to problems with Removal of conditions.