ROC for Husband & Stepdaughters - One does not live with us

[leeen21 37]

We will be applying to remove conditions on my husband's and stepdaughters' 2-year green cards at the end of June. There are four applicants, all of whom received their conditional residency within 90 days of each other:

• Husband
• Stepdaughter (lives with us in USA)
• Stepdaughter (lives with us in USA)
• Stepdaughter (does not live with us, still lives in home country)

 

My third stepdaughter is still living in Mexico, despite having received conditional residency in November 2023. At that time, she had a 1 year old son, and she has since had another baby. She has visited us on the US side of the border a few times, most recently in early November.

 

As we are preparing for removal of conditions, I am questioning how to address her case on the I-751. We are filing ONE I-751 application since, per the instructions, all four immigrated within 90 days of each other (first husband, then stepdaughters).

 

1. Her permanent address with UCIS is our home address in the US - should I use that address for Part 5 (physical address) or her address in her home country?

 

2. If the Mexico address is flagged, would it affect ONLY her residency, or would it affect the other three applicants?

 

I would really like to ensure that our application will NOT be affected by her decision to stay in Mexico, even if that means she is not able to remove conditions. I just don't know if they separate out cases like that that are on the same application.

 

Any input would be very appreciated!

[Crazy Cat 43,431]

32 minutes ago, leeen21 said:

should I use that address for Part 5 (physical address) or her address in her home country?

I assume she did not get a re-entry permit. Physical address is where a person ACTUALLY is.  Indicating anything else is playing with fire, imo.  This is not a good time to be trying to play the immigration system, imho. 

Have you thought about leaving Stepdaughter #3 off the I-751?  Then, filing a separate I-751 for her?  Perhaps a legal opinion from an immigration attorney might be helpful.

 

I am eager to see what other VJ members think about this situation.

Edited Tuesday at 09:15 PM by Crazy Cat

[leeen21 37]

6 minutes ago, Crazy Cat said:

Physical address si where a person ACTUALLY is.  Indicating anything else is playing with fire, imo.  This is not a good time to be trying to play the immigration system, imho. 

 

 

100% agree. Just needed clarification on the address.

 

 

6 minutes ago, Crazy Cat said:

Have you thought about leaving Stepdaughter #3 off the I-751?  Then, filing a separate I-751 for her?

 

Can I do that? That honestly would be my ideal solution. For a separate application for SD #3, would she need to include an explanation of why she has not immigrated, or just submit the application with her address in Mexico and see what happens?

 

To be honest, I'm more than a little burned out of dealing with her case. I filed for her because she was eligible when we got married, hoping it would open doors for her in the US. She hasn't made any effort to walk through any of those doors, despite my and my husband's encouragement to. She has children and has created her own life in Mexico, and I don't see her changing that any time soon. My husband and I have since had our own baby, and I really want to focus all my energy on the five of us (me, husband, 2 SDs, and baby), and not whether or not she's going to immigrate or not. All that to say, a separate I-751 application would be ideal (minus the extra cost... but worth it if it's more security for us).

[Crazy Cat 43,431]

Just now, leeen21 said:

Can I do that? That honestly would be my ideal solution.

You can do that.

[leeen21 37]

14 minutes ago, Crazy Cat said:

I assume she did not get a re-entry permit.

 

Nope. She lives 15 minutes from the border in Mexico, and we live 15 minutes from the border in the US. She's only ever visited us and hasn't ever left the border region. I looked into a re-entry permit, but I didn't think it applied since she had indicated she was going to visit more frequently (and establish some sort of residency here), but that didn't pan out.

[leeen21 37]

10 minutes ago, Crazy Cat said:

You can do that.

 

I'll be curious if anyone chimes in about experience with that. Everything in the instructions indicates it has to be the same application. I wonder if both applications would go in the same package together with the same evidence?

[Crazy Cat 43,431]

4 minutes ago, leeen21 said:

I wonder if both applications would go in the same package together with the same evidence?

I think I would make it a totally separate entity.

Edited Tuesday at 09:34 PM by Crazy Cat

[OldUser 8,844]

1 minute ago, leeen21 said:

 

I'll be curious if anyone chimes in about experience with that. Everything in the instructions indicates it has to be the same application. I wonder if both applications would go in the same package together with the same evidence?

No, it's a standalone application in different packet with it's set of evidence.

TBH I think her residency may be questioned and it's very possible she won't get ROC approved. GC is for living in the US.

[leeen21 37]

1 minute ago, OldUser said:

TBH I think her residency may be questioned and it's very possible she won't get ROC approved. GC is for living in the US.

 

I totally agree, which is why I like the idea of having her own application. I don't want her residency being questioned and possibly ROC denial to affect the three others who DO live in the US.

[Crazy Cat 43,431]

6 minutes ago, OldUser said:

No, it's a standalone application in different packet with it's set of evidence.

TBH I think her residency may be questioned and it's very possible she won't get ROC approved. GC is for living in the US.

Agree.  I would separate it completely.  I would not want her situation to negatively affect the others.

Edited Tuesday at 09:39 PM by Crazy Cat

[leeen21 37]

1 minute ago, Crazy Cat said:

I would separate it completely.

So, it might look like....

 

Packet #1: Husband + SD #1 + SD #2

• I-751 with husband and all children listed
  • In Part 5, where SD #3 is listed, we would answer both "living with you" and "applying with you" as NO
• All evidence (birth certificate of our child together, joint deed of house we own, shared bills, tax return transcripts, etc.

Packet #2: SD #3

• I-751 with SD #3 only
  • In Part 3, she would check 1b "my parent's spouse because I am unable to be included in a joint petition"
• Evidence? Similar to the evidence I provided for Packet #1? I don't have any joint evidence with SD #3 except for some photos together.

 

[leeen21 37]

In all honesty, I don't really want to pay an extra $750 fee to file her own application for it to be denied. And if it gets approved, I am 90% sure it would still be years before she would actually move to the US like we had hoped. It already pains me how much time and effort (and money!) I spent to get her the conditional residency, only for her to essentially use it as a visa. This is the side my husband takes - he thinks we should just not file for her at all.

[OldUser 8,844]

5 minutes ago, leeen21 said:

In all honesty, I don't really want to pay an extra $750 fee to file her own application for it to be denied. And if it gets approved, I am 90% sure it would still be years before she would actually move to the US like we had hoped. It already pains me how much time and effort (and money!) I spent to get her the conditional residency, only for her to essentially use it as a visa. This is the side my husband takes - he thinks we should just not file for her at all.

Yes, it's an option. Just not include her in wive's I-751. But this means loss of status for sure. And many years to get GC again.

 

Why don't you offer for daughter to handle her own I-751? If she doesn't want to pay fees, means she doesn't need residency.

Edited Tuesday at 09:52 PM by OldUser

[Ontarkie 14,813]

I would not file for her. Since she didn't make the move she can either haul her butt back to the US to live and file for herself or deal with the fact she has abandon her US GC. 

[discoverusa 308]

SD 3 needs a come to Jesus moment. If she is not interested is living in the US I wouldn't waste any more money or time if I were you.