spmalone

We just received a RFE on my K2's I-751 She had to file by herself due to a delay caused by USCIS. In short when she filed her AOS they said she was to old at 20. We went to court and they agreed that under 21 meant under 21. The delay getting her 2 year card meant that she got her card close to 7 months after her mother got her 2 year card. Her mother got her card, after a RFE, before my K2 filed for her 10 year card. The RFE says I have to complete part 4 and sign under "signature of Spouse" !!!! I reviewed the form and we mark that she was a child filing serape OK this sounds like they are trying to make her my Wife, not my daughter We marked that she was a child filing separately We also sent in a letter explain why she did not file with her mother. DO THEY HAVE IT WRONG OR SHOULD I HAVE SIGN UNDER SPOUSE.

In part 3 of the I-751 it asks on question 8 "If you are married, is this a different marriage than the one throught which conditional residence was obtained?" For my K2 is the answer is yes? I married her mother 3.5 years ago which allowed her to come to USA. However she did get married 10 months ago. There was a delay in her getting her CPR. Long story, but somebody in USCIS did not understand that under the age of 21 meant that if you were 20 you could still get your CPR card. It all worked out in the end and she got her CPR card. The delay was longer than 90 days from when he mother got her CPR card, so we have to file separate I-751's. My wife has already received her 10 year card and we are getting ready to send in my K2's I-751 next week. I think all we have to say is my father married my mother which allowed me to come to the USA, and I married my husband 10 months ago. Oh, side note the husband is not a USC and lives in Vietnam. it was her high school sweet heart. Since my K2 does not have to prove anything do we send in anything other than possibly a copy of her mother new 10 year card?? Since we had a rough go of it with the CPR card my wife would not allow us to visit until everything is official and the K2 has her 10 year card.

thank You for your inputs.

Shawn

Hi guys

We are almost finsih with the documents we are planing to send, just one question, we just need to send back the extra documents with the Form again??

TY

Vi

I did not resend in the I751 form. I did send in the RFE coverletter/ form that they send to me. I also provided a coverletter stating what I sent them.

Send them what they are asking for

Jim, Is that what you would really do if you were in the OP's shoes? Something tells me you'd do your homework and figure out exactly what they need - especially in light of your recent experience with having your I-751 rejected.

If the address on the notice is wrong, I suggest setting up an InfoPass appointment and try to get clarification on what the problem is. It wouldn't make any sense to guess and get denied as a result.

Yep, not sense arguing with them. My I-751 was rejected because I made a boneheaded mistake. I have since fixed that....in essence, sent them what they asked for

An additional point to think about is if they are asking for documentation you don't have or can't provide write a letter explaining why. As an example, I didn't put Claudeth on the trust deed because she is the primary beneficiary in my living trust and will.

My wife just received her Green Card this week. We also went through CSC and we also got a RFE. We started in late June and sent in the information requested with several affidavits. I looked on the web the requirements for affidavits made a little form and had people fill out the form and added there opion of us as a couple. No interview, no updates on the web, the card just showed up. My wife is not on the mortgage, or on most of those things because I had everything before we were married. I hope this helps you feel a little better.

I thought I would offer some hope for those still waiting. We sent the I-751 in July had a very quick Biometrics than nothing. We got the RFE in Sept and we were scared! My K2 had problems which all worked out but my wife felt we were going down that same path. We added several affidavits and some extra pictures, and repeat of the other information already sent. I sent in tax receipts, Kim is not on the mortgage I bought the house before, same with the other things that goes with buying a house together just me since I had the house before Kim and I married. I did send a cover letter with a short story about Kim and I. I had the heath insurance, car insurance, 401K, two used car titles in both names, and some bank information. I felt it was more than enough to show Kim and I as a real couple. We sent it to NSC but we were part of the CSC group. Our file was never touched until today. Kim called me at work crying, it took me some time to understand it was from happiness. More info later, we are going out.

Thank guys,

I'm with Sil and we are talking about that right now, you think the letter from our landlord has to be notarized or stamp or something??

More ideas???? please, please, please we are desperate

Gracias

Vi

Take a long deep breath, it is going to be O.K. There seems to be a lot of RFE's lately, Kim and I had one. I see on article on the home page that USCIS is over loaded. Get everything you can, ask as many people to write you an affidavit and have them notarized. I found out what was required and made a little form for people to fill out, age, place of birth, how they know us, and than what they thought of us as a coupls I was told to have them hand write them so USCIS could see that it was truly their own words. They wanted 2 I sent them 9. I do feel this more of a function that they are overloaded, have hired a bunch of new people.

My daughter, a K2, has been in the USA for almost 4 years. USCIS really screwed up her AOS, cost us 13,500 in lawyers, so she has only had her green card for about 2 years is there way she can file for citizenship before having her green card for 5 years? The deal is she married her high school sweat heart and has filed the I130 form, but the wait is much shorter if you are a citizen. I am hoping that since the USCIS admitted that they were wrong there may be a way to cut the 5 year wait. Please, stop the laughter I understand we are dealing with the USCIS. The delay in getting her green card was due to her being older than 18. Yes, we know and you know the law says under the age of 21 and unmarried. Yes she was unmarried and under 21, but we had to fight it until one day in court the ICE lawyer told the Judge that they had made a mistake and they were issuing a green card. Say good bye to 13,500 in the process. So, back to the question is there any way to get citizenship before you have your green card for 5 years? Thank You for your responses.

If they are looking for evidence of a bonified marriage send as much stuff as you can including letters from friends and associates as to their perception of your marriage. Good luck

I was surprized to receive RFE on my wifes removal of conditions from CSC. Kim and I have been married for 3.5 years and I sent them pictures of our three different trips back to Veitnam. One for kim's mother being sick, one for when Kim's mother died, and one for when Kim's only daughter went back to marry her high school sweet heart. I would have thought three trips back in 3.5 years shows a pretty strong committment. I also sent in the usual car titles, insurances, and last years tax return. I think it was the last couple of years, but I forget. I read here about lucky people who fly through the process, but we always seem to struggle. I'll get my friends, co-works, and other people towrite a letter and send in the latest travel documents from our trips to Las Vegas. Just wish I know why we have to work so hard while others seem to get a free pass. Please, understand I am not mad at those who fly through the process, just wish I was one of them.

Did you send any joint bank account statemets, joint bills, joint health insurance, etc.? USCIS seem to like that kinda stuff the best. Pictures of trips are cool, but people normaly use them as secondary evidence.

Sorry you got an RFE

Thank You to everyone for their response. I would disagree with the travel companion. If I had traveled a lot before, maybe they could make that point, but when you go back for family sickness, family death, and family weddings it should look like a family. The money it takes for my family to go to vietnam, and pay for hopitals, funerals, and some of the wedding is a major deal. However, I was not going to tell my wife sorry your mother is sick, or dead we can not spend that money. I was also not going to tell her sorry but we can not go to her only daughters wedding.

The problem with the bills is that I bought the house before she came over, and I have a very good rate of 5%. I had utilities, water and other hooked up before she got here. I did show the 401k, life insurance, her new 98 Saturn, one joint checking account plus our taxes, the health insurance cards. I really thought it was "no problem". My wife is only 2.5 years younger than me and I thought we had sent more than enough. I copies of our passports showing the different travel times. I guess after living together you forget that you have to prove we are husband and wife. They want to see birth certs from any childern we had together. My youngest is 22 her daughter is also 22, I have been fixed.

I have asked for affidavits from my boss, her school where she sudying nails, two of my friends, the family from next door, her Doctor we switched to him because he speaks Veitnamese, and school were I teach karate. We are going to vist friends later this month I have the tickets already and we went to las vegas together for a seminar after we sent in the paper work. I hope that well be enough. I can tell you this without a doubt we are a very close loving couple. She loves me and I love her, we do most things together and enjoy each other. Once again thank you for responses and I am sure this well pass.

I was surprized to receive RFE on my wifes removal of conditions from CSC. Kim and I have been married for 3.5 years and I sent them pictures of our three different trips back to Veitnam. One for kim's mother being sick, one for when Kim's mother died, and one for when Kim's only daughter went back to marry her high school sweet heart. I would have thought three trips back in 3.5 years shows a pretty strong committment. I also sent in the usual car titles, insurances, and last years tax return. I think it was the last couple of years, but I forget. I read here about lucky people who fly through the process, but we always seem to struggle. I'll get my friends, co-works, and other people towrite a letter and send in the latest travel documents from our trips to Las Vegas. Just wish I know why we have to work so hard while others seem to get a free pass. Please, understand I am not mad at those who fly through the process, just wish I was one of them.

I married my Vietnamese wife here in the USA after going through the K-1 process. Several years later her daughter went back and married her high school sweet heart. It was a very hard process for her. She had to get a Doctor to sign paper work from Vietnam saying she was mentally able to get married, that she was single, never in trouble with the law. The hardest part was even though everything was notarized we had to prove the notary signature. Which required us sending in all of the paper work to Department of State of Colorado which certified the signatures. I am not sure but I was also told if you married it actual takes longer to get her to the USA than if you do the marriage here. I was told it was about one year longer. Like I said Kim and did the K-1 so I can not state for a fact that K-3 is longer.

I recently traveled to Vietnam, just got back today, in LA they ask why my passport did not match my green card. I said that my passport is in my Vietnamese name and my green card was in my married name. They said change the passport. OK is this for real. I am from Vietnam do I get a passport with my now married name? I plan to travel to Vietnam again in 12 to 18 months I wonder if I caught somebody on a bad day or if I just do not understand everything?

Thank You

I am about to submit the paper work to bring over my husband. I have my two year green card and we were married on Feb 11 2007. I know that in about four years I can apply for USC, but do you think my husband could be given permission to come to USA before that? I have been in the USA for three years, but there was a delay in getting my CPR because ICE thought at first I needed to be under the age of 18 when applying for AOS. I applied for AOS at the age of 19 and they fought it for a long time all most to my 21 birthday. As a note to a happy ending they did stand up in court and say " sorry we were wrong. we well give her the green card." I think that the clock starts for USC once the AOS goes through not from the time you apply for the AOS is that Right?

Thank You for your reply. Am I to understand you can submit the paperwork to bring over her boyfriend now even before the actual wedding? I thought she would have to wait until she went back home in Feb 2007 do the marriage than submit the paperwork.

Thank You Shawn

My step dautgher wants to marry her high school sweat heart. She has been in the USA for 2.5 years, but there was a long delay getting her a green card. USCIS had us jump through hoops of fire and going to court before they said oops sorry we were wrong here is your green card. The question is since she is only a PR she has to first marry the boy and file for him to come over. When she becomes a USC in about 4.5 years well her file be transfer from a PR to a USC? If that Happens would that mean the would use the date when she file as a PR? Is this the fastest way? Should we do something other than that? The wedding is not until April of 2007 which puts her at about 1 year with a green card and about 3 years here. I understand the desire to be with the one you love and I really need to give her the best information I can.

Thank You for your help.

shawn

Girona40 is right it is very expensive to just sit and wait. I was very pleased by the response of USCIS once our lawyer made it clear that my K-2 was getting close to 21 birthday. They did go out of there way to move up court dates and reduce the time between legal moves. Of course we should have had to been there at all, but that is a different thing. Please, call everybody you can so you can avoid what Girona40 is going through.

My lawyer talked to Girona40's lawyer about this age out issue and said that she believes that there is a very good aurgment that K-2's do not age out. I know this is just their opions, but she felt very strongly that they do not age out. She did not feel this way before chatting with Girona40"s lawyer. I would also see if there is a way to push the AOS, so you will not have to fight the age out issue. I would maake your case as visible as possible. Congressman, Senators, and lawyers if your funds allow.

Do not let them forget about you.

My K-2 was denied her AOS one of the things I learned is there is a short time after the notice to appear is issued where you can get your case reviewed without going to court. I would call everybody I could. I would talk to my post office and get a statement. If you had received mail there before, why did they send the notice back? I would take this information to my congressman’s office and to my senator’s office. Have them call USCIS directly. I would take the statement from the post office down to the local office of USCIS myself. I have recently sat in immigration court several times and I was taken back how often people had to explain something. I was also happy to see that the court tried very hard to allow for human error. I waited to long and ended up in court several times before USCIS said OK here is your green card.

What can I say after 2 years, one denial, and 12k in lawyer costs we have a K-2 green card. In the end all that matters is we got the green card. K-2 has 30 days before her 21st birthday, yes we were worried that she would age out before they got around to saying yes. I think I will take the green card into work show it off to all my co-works. Its not quit a new car, but I feel like I should brag about it. I doubt my daugther will let it out of her sight anytime soon though. Once again a hugh THANK YOU to all those who have help us travel this journey. A very special THANK YOU goes out to Curtis and his family. When we could not find a lawyer who know the law Curtis gave my family the hope that kept us together.

Keep the faith and help each other and hopefully we can all make it through this journey.

Shawn

I am also seeing daily updates. If I would take a guess it would be that the cases they have touch recently are stuck in some loop. Once on the list they are not falling off it like they should. The only thing changing for me is the date, al other information stays the same. I feel comfortable that it is more of a software bug than anything else

Shawn

I check our and we got 6 e-mails all saying the samething "green card on its way" I am not sure why they sent out so many. I does appear that they come from two different places. I know that does not explain them sending out so many.

Wasn't true for Kim and I. We went down to the court house paid the fee and said our I do's. I would think you could get someone to translate if it was a real issue where you live. Do not let this stop you

Congratulation!

Congrats!!!!!!

I found my email from London last May. They wrote:

"Chlidren under the age of twenty-one who have no claims to U.S. citizens may derive status from a fiance'(e) visa petition filed on behalf of his/her parent".

That comes from the Consular Information Unit, U.S. Embassy London. How much clearer could it be?

K-2's DO NOT HAVE TO BE UNDER 18. I just went through this with my K-2 and last night we got her approval. Spent 12k to have USCIS say sorry here is your green card. The problem comes from AOS not from the VISA. The laws that deal with the AOS use the words "minor child" which some people are trying to say means under 18. There is hope if you have time to wait. USCIS is about to release a document clearing up the issue. I have been lead to beleive it well say under 21. Our lawyer has names and phone numbers of USCIS people in Washington who are working issue. I could put you together if you want.

I feel you pain so much.

Shawn

It has been a very long and hard road, but we checked web page last night and there it was the approval. I had checked our status at 5:30 pm and there was no change. As I was getting ready to go to bed I thought I would check it one more time and there it was. I wish we did not have to go through all of the stuff we went through. Or spent the 12k to get USCIS to say here is our green card, but we have it and we all slept better last night. My wife and daughter have been here 2 years to the day. I have some real heart burn with USCIS however, it was clear to me they did what they could to help the process along. If they had wanted to they could have moved much slower. If they had move slower I doubt we would have gotten the green card in time, so for that I am thankful. Alls well that ends well