I 751 crunch time!!!!
Dec 8th 2002, 11:22 am
#1
Guest
Posts: n/a
I 751 crunch time!!!!
Last year we got our letter stating that my wife is work and travel
authorized until January 15, 2003, while we wait for them to process
the I 751 and remove the conditions.
We still have yet to see anything. I wonder if we should call. I did
see on Matthew Udall's website that the Vermont Service Center is
still processing the letters it sent for the week of 1-7-02. Ours is
dated 1-20-02.
Hmmm, I would hate to see my wife lose her job and get deported
because of slow caseworkers!
Jim (anyone remember me? your group helped Emma and I navigate this
process in 1998 to present)
authorized until January 15, 2003, while we wait for them to process
the I 751 and remove the conditions.
We still have yet to see anything. I wonder if we should call. I did
see on Matthew Udall's website that the Vermont Service Center is
still processing the letters it sent for the week of 1-7-02. Ours is
dated 1-20-02.
Hmmm, I would hate to see my wife lose her job and get deported
because of slow caseworkers!
Jim (anyone remember me? your group helped Emma and I navigate thisprocess in 1998 to present)
Dec 8th 2002, 2:32 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,469
Re: I 751 crunch time!!!!
Yes you live in the Poconos and your wife is from is England if I remember correctly. Even if the Notice of Action expires your wife's status is still conditional permanent resident. Have her go to the Philly office and get an extension I-551 stamp in her passport. Will give her at least paper proof of status and can be used for travel purposes.
Rita
Deleted reference question to wife's name after posting and re-reading Jim's question. Duh! Goodnight Gracie ;-)
Rita
Deleted reference question to wife's name after posting and re-reading Jim's question. Duh! Goodnight Gracie ;-)
Dec 8th 2002, 3:16 pm
#3
Guest
Posts: n/a
Re: I 751 crunch time!!!!
Jim,
I remembe you and Emma.
If the one year extension is not enough, try going to the local INS office with
your letter and getting another stamp in the passport. Emma needs it to travel
and to work.
Mike
On 8 Dec 2002 16:22:35 -0800, [email protected] (JFURY) wrote:
>Last year we got our letter stating that my wife is work and travel
>authorized until January 15, 2003, while we wait for them to process
>the I 751 and remove the conditions.
>We still have yet to see anything. I wonder if we should call. I did
>see on Matthew Udall's website that the Vermont Service Center is
>still processing the letters it sent for the week of 1-7-02. Ours is
>dated 1-20-02.
>Hmmm, I would hate to see my wife lose her job and get deported
>because of slow caseworkers!
> Jim (anyone remember me? your group helped Emma and I navigate this
>process in 1998 to present)
I remembe you and Emma.
If the one year extension is not enough, try going to the local INS office with
your letter and getting another stamp in the passport. Emma needs it to travel
and to work.
Mike
On 8 Dec 2002 16:22:35 -0800, [email protected] (JFURY) wrote:
>Last year we got our letter stating that my wife is work and travel
>authorized until January 15, 2003, while we wait for them to process
>the I 751 and remove the conditions.
>We still have yet to see anything. I wonder if we should call. I did
>see on Matthew Udall's website that the Vermont Service Center is
>still processing the letters it sent for the week of 1-7-02. Ours is
>dated 1-20-02.
>Hmmm, I would hate to see my wife lose her job and get deported
>because of slow caseworkers!
>
Jim (anyone remember me? your group helped Emma and I navigate this>process in 1998 to present)
Dec 8th 2002, 3:40 pm
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I 751 crunch time!!!!
Originally posted by Jfury
Last year we got our letter stating that my wife is work and travel
authorized until January 15, 2003, while we wait for them to process
the I 751 and remove the conditions.
We still have yet to see anything. I wonder if we should call. I did
see on Matthew Udall's website that the Vermont Service Center is
still processing the letters it sent for the week of 1-7-02. Ours is
dated 1-20-02.
Hmmm, I would hate to see my wife lose her job and get deported
because of slow caseworkers!
Jim (anyone remember me? your group helped Emma and I navigate this
process in 1998 to present)
Last year we got our letter stating that my wife is work and travel
authorized until January 15, 2003, while we wait for them to process
the I 751 and remove the conditions.
We still have yet to see anything. I wonder if we should call. I did
see on Matthew Udall's website that the Vermont Service Center is
still processing the letters it sent for the week of 1-7-02. Ours is
dated 1-20-02.
Hmmm, I would hate to see my wife lose her job and get deported
because of slow caseworkers!
Jim (anyone remember me? your group helped Emma and I navigate thisprocess in 1998 to present)
The conditional residence remains valid while the I-751 is pending no longer how long it takes.
As for evidence of PR status, she can take the filing notice and the passport to your local INS office and they will stamp the passport with a temporary I-551 stamp.
BTW, she can file for naturalization after she has been living in marital union with a US citizen for three years minus 90 days after obtaining conditional residence. This has the effect of getting the I-751 adjudicated!
Dec 8th 2002, 8:04 pm
#5
Guest
Posts: n/a
Re: I 751 crunch time!!!!
Folinskyinla wrote:
>
> BTW, she can file for naturalization after she has been living in
> marital union with a US citizen for three years minus 90 days after
> obtaining conditional residence. This has the effect of getting the
> I-751 adjudicated!
Folin,
Can you clarify part of this for me?
The Guide To Naturalization seems to indicate you have to be married and
living together for the full 3 year period, even though the US residency
part of this can get the 90 day credit.
My wife and I were married 4 months before she actually moved to the US.
Do we have to wait for full 3 years since we weren't living together at
the time 3 months before you got CR status.
>
> BTW, she can file for naturalization after she has been living in
> marital union with a US citizen for three years minus 90 days after
> obtaining conditional residence. This has the effect of getting the
> I-751 adjudicated!
Folin,
Can you clarify part of this for me?
The Guide To Naturalization seems to indicate you have to be married and
living together for the full 3 year period, even though the US residency
part of this can get the 90 day credit.
My wife and I were married 4 months before she actually moved to the US.
Do we have to wait for full 3 years since we weren't living together at
the time 3 months before you got CR status.
Dec 9th 2002, 3:11 am
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I 751 crunch time!!!!
Originally posted by Mrtravel
Folinskyinla wrote:
>
> BTW, she can file for naturalization after she has been living in
> marital union with a US citizen for three years minus 90 days after
> obtaining conditional residence. This has the effect of getting the
> I-751 adjudicated!
Folin,
Can you clarify part of this for me?
The Guide To Naturalization seems to indicate you have to be married and
living together for the full 3 year period, even though the US residency
part of this can get the 90 day credit.
My wife and I were married 4 months before she actually moved to the US.
Do we have to wait for full 3 years since we weren't living together at
the time 3 months before you got CR status.
Folinskyinla wrote:
>
> BTW, she can file for naturalization after she has been living in
> marital union with a US citizen for three years minus 90 days after
> obtaining conditional residence. This has the effect of getting the
> I-751 adjudicated!
Folin,
Can you clarify part of this for me?
The Guide To Naturalization seems to indicate you have to be married and
living together for the full 3 year period, even though the US residency
part of this can get the 90 day credit.
My wife and I were married 4 months before she actually moved to the US.
Do we have to wait for full 3 years since we weren't living together at
the time 3 months before you got CR status.
Both the 751 2-year clock and the 3-year Naturalization clock start running at the time of grant of CR or PR status.
So lets say she got CPR in January 2000. The I-751 was supposed to have been filed after October 2001. The natz can be filed after October 2002.
Dec 9th 2002, 10:13 am
#7
Guest
Posts: n/a
Re: I 751 crunch time!!!!
Rete wrote in message news:...
> Yes you live in the Poconos and your wife is from is England if I
> remember correctly. Even if the Notice of Action expires your
> wife's status is still conditional permanent resident. Have her go
> to the Philly office and get an extension I-551 stamp in her
> passport. Will give her at least paper proof of status and can be
> used for travel purposes.
>
> Rita
>
> Deleted reference question to wife's name after posting and re-reading
> Jim's question. Duh! Goodnight Gracie ;-)
That is right Rita!!!! The Poconos. We still live there! We will have
to rush if we get that stamp because we go away from Dec 23rd to Jan
6th to the UK!!! Emma is pregnant BTW (8 weeks).
Jim
> Yes you live in the Poconos and your wife is from is England if I
> remember correctly. Even if the Notice of Action expires your
> wife's status is still conditional permanent resident. Have her go
> to the Philly office and get an extension I-551 stamp in her
> passport. Will give her at least paper proof of status and can be
> used for travel purposes.
>
> Rita
>
> Deleted reference question to wife's name after posting and re-reading
> Jim's question. Duh! Goodnight Gracie ;-)
That is right Rita!!!! The Poconos. We still live there! We will have
to rush if we get that stamp because we go away from Dec 23rd to Jan
6th to the UK!!! Emma is pregnant BTW (8 weeks).
Jim
Dec 9th 2002, 10:14 am
#8
Guest
Posts: n/a
Re: I 751 crunch time!!!!
[email protected] wrote in message news:...
> Jim,
> I remembe you and Emma.
> If the one year extension is not enough, try going to the local INS office with
> your letter and getting another stamp in the passport. Emma needs it to travel
> and to work.
> Mike
>
Mike, could you refresh my memory a bit? I think I remember you.
Thanks, Jim
> Jim,
> I remembe you and Emma.
> If the one year extension is not enough, try going to the local INS office with
> your letter and getting another stamp in the passport. Emma needs it to travel
> and to work.
> Mike
>
Mike, could you refresh my memory a bit? I think I remember you.
Thanks, Jim
Dec 9th 2002, 10:16 am
#9
Guest
Posts: n/a
Re: I 751 crunch time!!!!
Folinskyinla wrote in message news:...
>
> Hi:
>
> The conditional residence remains valid while the I-751 is pending no
> longer how long it takes.
>
> As for evidence of PR status, she can take the filing notice and the
> passport to your local INS office and they will stamp the passport with
> a temporary I-551 stamp.
>
> BTW, she can file for naturalization after she has been living in
> marital union with a US citizen for three years minus 90 days after
> obtaining conditional residence. This has the effect of getting the
> I-751 adjudicated!
Thank you very much. The advice is great and we were married in May,
1999. So simply filing the paperwork for this adjudicates the I
751?!!!! I will definately get to work on this!
Jim
>
> Hi:
>
> The conditional residence remains valid while the I-751 is pending no
> longer how long it takes.
>
> As for evidence of PR status, she can take the filing notice and the
> passport to your local INS office and they will stamp the passport with
> a temporary I-551 stamp.
>
> BTW, she can file for naturalization after she has been living in
> marital union with a US citizen for three years minus 90 days after
> obtaining conditional residence. This has the effect of getting the
> I-751 adjudicated!
Thank you very much. The advice is great and we were married in May,
1999. So simply filing the paperwork for this adjudicates the I
751?!!!! I will definately get to work on this!
Jim
Dec 9th 2002, 1:06 pm
#10
Guest
Posts: n/a
Re: I 751 crunch time!!!!
On 9 Dec 2002 15:14:31 -0800, [email protected] (JFURY) wrote:
I used to sign off as the FAQ Guy.
That was too loud, so a couple years ago, I retired the name as a public
signature.
Mike
>Mike, could you refresh my memory a bit? I think I remember you.
>Thanks, Jim
I used to sign off as the FAQ Guy.
That was too loud, so a couple years ago, I retired the name as a public
signature.
Mike
>Mike, could you refresh my memory a bit? I think I remember you.
>Thanks, Jim
Dec 9th 2002, 1:32 pm
#11
Concierge
Joined: Apr 2001
Posts: 46,469
Re: I 751 crunch time!!!!
Congratulations Jim and Emma. What a lovely early Christmas present.
Rita
Rita
Dec 11th 2002, 11:26 pm
#12
Guest
Posts: n/a
Re: I 751 crunch time!!!!
Folinskyinla wrote:
>
> Originally posted by Mrtravel
> > Folinskyinla wrote:
> > >
> > > BTW, she can file for naturalization after she has been living
> > in
> > > marital union with a US citizen for three years minus 90 days
> > after
> > > obtaining conditional residence. This has the effect of getting
> > the
> > > I-751 adjudicated!
> >
> > Folin,
> >
> > Can you clarify part of this for me?
> > The Guide To Naturalization seems to indicate you have to be
> > married and
> > living together for the full 3 year period, even though the US
> > residency
> > part of this can get the 90 day credit.
> > My wife and I were married 4 months before she actually moved
> > to the US.
> > Do we have to wait for full 3 years since we weren't living
> > together at
> > the time 3 months before you got CR status.
>
> Hi:
>
> Both the 751 2-year clock and the 3-year Naturalization clock start
> running at the time of grant of CR or PR status.
>
> So lets say she got CPR in January 2000. The I-751 was supposed to
> have been filed after October 2001. The natz can be filed after
> October 2002.
>
I know the clock starts at the same time, but The Guide To Immigration
indicates there is a 90 day leeway on the residency requirement, but not
on the 3 year married and living together requirement.
Does the law actually require 3 years of living together to file?
Michael
>
> Originally posted by Mrtravel
> > Folinskyinla wrote:
> > >
> > > BTW, she can file for naturalization after she has been living
> > in
> > > marital union with a US citizen for three years minus 90 days
> > after
> > > obtaining conditional residence. This has the effect of getting
> > the
> > > I-751 adjudicated!
> >
> > Folin,
> >
> > Can you clarify part of this for me?
> > The Guide To Naturalization seems to indicate you have to be
> > married and
> > living together for the full 3 year period, even though the US
> > residency
> > part of this can get the 90 day credit.
> > My wife and I were married 4 months before she actually moved
> > to the US.
> > Do we have to wait for full 3 years since we weren't living
> > together at
> > the time 3 months before you got CR status.
>
> Hi:
>
> Both the 751 2-year clock and the 3-year Naturalization clock start
> running at the time of grant of CR or PR status.
>
> So lets say she got CPR in January 2000. The I-751 was supposed to
> have been filed after October 2001. The natz can be filed after
> October 2002.
>
I know the clock starts at the same time, but The Guide To Immigration
indicates there is a 90 day leeway on the residency requirement, but not
on the 3 year married and living together requirement.
Does the law actually require 3 years of living together to file?
Michael
Dec 12th 2002, 2:01 am
#13
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I 751 crunch time!!!!
Originally posted by Mrtravel
Folinskyinla wrote:
>
> Originally posted by Mrtravel
> > Folinskyinla wrote:
> > >
> > > BTW, she can file for naturalization after she has been living
> > in
> > > marital union with a US citizen for three years minus 90 days
> > after
> > > obtaining conditional residence. This has the effect of getting
> > the
> > > I-751 adjudicated!
> >
> > Folin,
> >
> > Can you clarify part of this for me?
> > The Guide To Naturalization seems to indicate you have to be
> > married and
> > living together for the full 3 year period, even though the US
> > residency
> > part of this can get the 90 day credit.
> > My wife and I were married 4 months before she actually moved
> > to the US.
> > Do we have to wait for full 3 years since we weren't living
> > together at
> > the time 3 months before you got CR status.
>
> Hi:
>
> Both the 751 2-year clock and the 3-year Naturalization clock start
> running at the time of grant of CR or PR status.
>
> So lets say she got CPR in January 2000. The I-751 was supposed to
> have been filed after October 2001. The natz can be filed after
> October 2002.
>
I know the clock starts at the same time, but The Guide To Immigration
indicates there is a 90 day leeway on the residency requirement, but not
on the 3 year married and living together requirement.
Does the law actually require 3 years of living together to file?
Michael
Folinskyinla wrote:
>
> Originally posted by Mrtravel
> > Folinskyinla wrote:
> > >
> > > BTW, she can file for naturalization after she has been living
> > in
> > > marital union with a US citizen for three years minus 90 days
> > after
> > > obtaining conditional residence. This has the effect of getting
> > the
> > > I-751 adjudicated!
> >
> > Folin,
> >
> > Can you clarify part of this for me?
> > The Guide To Naturalization seems to indicate you have to be
> > married and
> > living together for the full 3 year period, even though the US
> > residency
> > part of this can get the 90 day credit.
> > My wife and I were married 4 months before she actually moved
> > to the US.
> > Do we have to wait for full 3 years since we weren't living
> > together at
> > the time 3 months before you got CR status.
>
> Hi:
>
> Both the 751 2-year clock and the 3-year Naturalization clock start
> running at the time of grant of CR or PR status.
>
> So lets say she got CPR in January 2000. The I-751 was supposed to
> have been filed after October 2001. The natz can be filed after
> October 2002.
>
I know the clock starts at the same time, but The Guide To Immigration
indicates there is a 90 day leeway on the residency requirement, but not
on the 3 year married and living together requirement.
Does the law actually require 3 years of living together to file?
Michael
I go by the Immigration & Naturalization Act. Section 316(a) sets the normal 5-year residence requirement. Section 319(a) sets forth the 3-year residence requirement with the proviso that during the 3-years has been "living in marital union" with the citizen spouse who has been a citizen during all that time period. Section 334(a) allows filing "90 days" preceding qualfying under 316(a) or 319(a).
BTW, note the "90 days" and not "three months." I know there is a tendency, which I do myself, to think 3 months. Howevr, if the CPR expires on September 1st, a June 1st filing will be early!
