Stubmeister

OldUser said:

Quote

If your wife:

 

- Has been married to you, US citizen, for 3+ years

- Has been a permanent resident for 3 years

- Never had trips for over 180 days at a time since becoming LPR

- Spend at least half of her time in the US

Does the 414 days straight in the hospital count towards permanent residency? Just asking.

Timona said:

Quote

 

Thats going up a long road. 

Just apply for your wife's N400 online today. They're being adjudicated fast. That'll push the I-751. 

 

As soon as she gets N400, daughter becomes citizen too..less of a hustle. Save your money. No need for lawyers, etc and adoption headaches 

 

She is NOT eligible for the N-400. We have to get the conditions removed from permanent residency before that. I'll do the N600 in a few years from now. 

Timona said:

Quote

 

Isn't the mother not already eligible for N400? If that's the case, her naturalization will be faster than you spending $$ on adoption, court cases etc 

 

As soon as she naturalizes, the 13 year old pighy rides too

 

I meant N-600. Being that the fee is $1170.00 I think I will wait and go with the US passport at $165 for both the book and the card. For the Sec. 320 to apply I need to show proof of 'permanent residence' by either a green card or an I-551 stamp in her passport. She has the 'conditional' green card now and we are waiting for the conditions to be removed. Would the conditional suffice? We have been out of the country and back since the issuance of the 'conditional.' I'll take a look at her passport to see if it is there. 

I was able to return to my profile and see where I had posted in it back in October. I do have to wait for the State of Pennsylvania to process the adoption papers, but I do have the court order with raised seal in my possession. IAW moderator's instructions of it being a 'zombie thread' I will use this thread to re-invigorate it.

I found it here: 

The children were part of the original application. My wife came here on a K-1 and the children on a K-2 at the same time. So it is one entire case. The fee was submitted when I applied for their 'Removal of Conditions' in Nov. 2022. I thought all that was needed was to submit an N-400 until she receives her US passport. I have some time for this because the official papers are being sent to the PA Commonwealth. I thought by virtue of adoption she becomes de facto 'naturalized' because she been officially declared my daughter. I wish I would have bookmarked that thread that discussed it. 

This question I am sure it has been asked before and I can't find it after searching. I have applied for my wife and the children to have the conditions removed from their conditional green cards. In January 2024 we received an I-751 RFE, so I sent in more proof of a legitimate marriage, (about a ream of paper), along with affidavits, tax forms, lawsuit docket, adoption hearing ect. In the meantime, my wife has suffered many health issues, (currently engaged in a medical malpractice suit), where several times she was on the brink of death. The son is 22 now so I wasn't too worried about him, but the daughter is 13 and we feared if something happened to my wife, she would be sent back to her biological father who didn't want her and abused her when she was small. Through the Colombian and US courts we got him to cede all parental rights and on March 27, 2024 the daughter was officially adopted with my last name. Having said all that, what do I need to do in order to get her a US passport, and to terminate the 'Removal of Conditions' for her? I thought it wasn't too involved and I don't know what happened to the thread, (bad memory cells on my part), so please forgive me for the redundancy.

Hate like heck resurrecting a topic like this but it is indeed applicable. I was unaware of Section 320 and how it applies. However, there is one variable in my case. I am adopting my (current) 12 y.o. step-daughter. My wife's health has been precipitous and I damn near 'lost' her a few times. In an effort to prevent the daughter from being sent back to a biological parent, (a father that didn't want her to begin with!), it was decided that I adopt her. Currently she has a 'conditional' green card with the 24 month extension. I filed to have the conditions removed last year. Now does she still fall under the 'permanent residency' rule because the status of her green card? Her adoption isn't official yet but I am just trying to get 'ducks in a row' for when it does become official. We got the father to waive parental responsibility and the forms have been duly filed, notarized and apostilled within the Colombian court system. They have been returned to us and have been submitted to our local court. We have to wait 40 days before our first hearing and I think one more will be scheduled prior to finalization.

So I did the paperwork for my wife and our dependent children. I sent the I-751 form in last November within the prescribed 90-day window of the expiration of the Conditional Green Card. About 3 weeks later I received an I-757 stating that they were granting all a 2 year extension. The son, (21 y.o.) was the only one required for biometrics. 

Sometimes one can get lost in a sea of information and that is what happened to me. My wife and her 2 younger children are currently waiting for their permanent green card approvals. In the meantime, her oldest daughter, along with her granddaughter set out on an 'adventure'. Try to follow this as I will attempt to explain. The daughter (who was residing in Colombia), was dating a man from the UK for 2 years. They decided to get married so she sold all her possessions and came to the US with a tourist visa, (both her and her daughter). She wanted to visit her mother before moving to London to live with her then fiancé. The man was to meet them here in the US and take them to London to live and eventually get married. When 'Mr. Wonderful' arrived here, he got cold feet and took off for London leaving the daughter and the granddaughter here in the US. So the question is what does the daughter have to do to get her status changed? She arrived here legally and I'm certainly not going to send them off with only their proverbial 'hat-in-their-hand'. (Yes they are living with me!) I know of others who came here under 'questionable circumstances' so I hope her resolution is a lot easier. Any guidance/direction is greatly appreciated.

As an unbiased poster, you DO NOT need a lawyer for anything, so long as you have no criminal issues. The only things they want to see in the I=751 is that you are indeed married to your spouse. Evidence that I used was a copy of my healthcare coverage for not only her but for the children as well. Joint billing or banking statements should suffice. Depending on your circumstances, you may or may not be required to report for biometrics. What is strange is that my wife and daughter didn't need to appear for biometrics but the older son did. Hang on to that I-757C because you will need that as proof to have your driver's license renewed and if you intend to travel. It looks like action times for I-751's are about 18 months out. FWIW, I did all the work from the initial K-1/K-3 visas all the way to the I-751, including submitting an affidavit stating that I was the interpreter for my wife and family. I did not need a lawyer at anytime. Most lawyers will tell you to do the same thing and charge you for it!

Ok so I filed the I-751 for my wife and 2 kids. She and the youngest daughter got an I-757C in early December stating that their biometrics were on file and no need to update them. Nothing for the boy. Now just last week the son gets an I-757C stating to report to York, PA for biometrics! What's interesting was he had his wallet and passport stolen 2 years ago in Colombia. He got a foil from the embassy and to get his new replacement 'conditional' green card he had to submit biometrics again. The wife and daughter's were good from when I filed their I-485. Any reason why the son has to go and not the rest of the family? I aint complaining but I am kind of curious.

This thread is six years old but I thought I would add something to it as I am searching for answers myself. When I filed for AOS for wife and kids, the youngest was 9 at the time. I filed for her EAD with the precept of obtaining a SSN, I even added that on the form. That form is still pending action even though my daughter, now 10 just received her 'green card'. Now I have to figure out what I need to obtain her SSN so I can have her listed as a dependent on my income tax forms.

As the spouse and father of my children who just attended, they will have your entire package there when you arrive. My wife was unable to attend because she has spent the entire year in the hospital. Because of that they granted her a medical waiver. In your case one of the things they asked me if I had anything that showed joint ownership: ie utility bill, bank account, mortgage etc. Since we had just got married prior to her hospitalization, the gave us a pass. For the son, he showed his recent W-2 that demonstrated he was working. I attended the USCIS office in Philadelphia and I was impressed how helpful the people were.  Good luck and I hoped I answered some questions for you.

Wow has it been over a year since I last posted and updated???? So back in January 8, 2021, my wife and children received their I-797C's notifying them their AOS interview was scheduled for Feb. 11, 2021. I panicked because my wife has been hospitalized for almost a year now and there was no way she is ambulatory! I contacted the local congressman and his office told me to reschedule the interview. The USCIS number that I called, (listed on the I-797C) would not allow me to make changes. I can't visit my wife due to the COVID-19 lockdown. I sent her a photo of the message and she changed her interview date for her and the daughter, (they were all given the same day and time for AOS interview). That left me driving the son down to Philadelphia for the interview. However, the night before, my wife tells me to bring the daughter with the prospects that they may be able to interview her also. We got down to the USCIS office in Phila. the investigator asks me about my wife's condition then steps out for a moment. She talks to my son for a few moments and then asks the daughter a few simple questions: Where do you go to school?, Do you like it?, etc. At the conclusion the investigator tells me that my wife qualifies for a medical waiver and does not need to attend the interview! All 3 were granted their AOS. The person said that the green cards should arrive within 2-4 weeks! I couldn't of asked for anything better! I do have to put a shout-out for the people there at the USCIS, the security, the staff, all of them. They were very pleasant in dealing not only with us but with others! I never would have expected that kind of treatment! They were first rate and I thanked everyone of them! Next stop, lifting the conditions!

Now let me add a monkey wrench to this equation. We are in the same situation waiting for the interview. However, my wife has been hospitalized since March 20, 2020 and due to surgical complications, she is not expected to be released from the hospital until sometime next year, (non-COVID-19). Is it possible that there is/may be a virtual interview?

Ok now here's a question: If the AOS takes over a year to process, are the applicants required to have another physical exam again, even though they applied for AOS within a year of theirs at the embassy?

To put your mind at ease and to echo what others have said, use your married name. On the AOS form it will ask for other names, marriages, etc. So the references to the passport, visa etc, will be account for using the 'maiden' or 'previously married' name.

A couple things to note. First to the OP, you will need a copy of an I-94 showing legal entry of your (now) wife into the US. Second, you will need a certified copy of your marriage license, obtained from your county Register/Recorder's Office(with raised stamp!!!). This will be needed for the name change. For myself, I took my (then) fiancé to the SS office and got her number. When we returned and wanted to change the name on her SSN, we got a reply 10 days later saying that they couldn't find the necessary EA form, (because it wasn't submitted until I did an AOS along with EA and AP). So I included her number on all forms and hope they re-issue it under her married name. 

Fe.Ta said:

How does this affect those of us waiting on interview for

AOS?

If you or your sponsor submitted a valid I-134 Affidavit of Support, it should not matter to your case!

Ok, let me ask something that hasn't been asked: Does this job require travel outside the US? EAD is good for work in the US but without the GC and AP it doesn't allow for travel in and of itself.

In keeping this thread alive, (somewhat), I sent the AOS, EAD and AP forms to the Chicago lock box on Dec. 12 for my wife and her children. They sat idle for a month until this week when I saw the checks for each application had been cashed and the next day we received the NOA's for each person and each application. Yesterday, they received a notice for their Biometrics appointment for on the 31 of Jan. I hope that this is indeed a good sign.

BarryLovesAdri said:

The fee to allow you file an

AOS after your I-94 has expired. You have to file a separate form, and the filing fee for it is $1000.

I think it is a TOTAL of $1225. $1140 for the I-485 and $85 for the biometrics.

Cripes! I'm waiting for them to finally process my package! I sent it in on December 11, 2019 and they have yet to cash the check(s)!

As Bobby McFarrin sang, "....♫ Don't worry; Be happy!♫...." It will not be long now!

Do not fret, just bide your time and you will get an interview date!