I-751 HELP!
Apr 23rd 2010, 4:30 am
#16
Concierge
Joined: Apr 2001
Posts: 46,474
Re: I-751 HELP!
You have successfully confused us all. Here are some facts on the I-751.
I-751's are issued to a foreign spouse of a USC who has emigrated to the US based on the marriage to their USC spouse.
At the time the foreign spouse received adjustment of status to permanent resident the marriage was less than 2 years old. The spouse and their children were then granted Conditional permanent residency with the need to remove conditions. The application to remove conditions can be mailed within the 90 day period before the expiration of the conditional 2 year green card.
NORMALLY, it is the foreign spouse who needs to file the I-751 and NOT the child. It is the foreign spouse who must prove that the marriage is still continuing and is valid. The child rides on the coat tails of their foreign parent.
HOWEVER, if the child is over the age of 18, the child must apply themselves for the removal of conditions by filing form I-751.
I am assuming this is the case with you. Please let me know if this is correct.
ALSO, your mother MUST file the I-751 before the above 90 days period is expired or she will lose her residency status. She must have landed in the US at some point and either activated an US Consulate approved Immediate Relative Visa and/or filed the appropriate adjustment of status forms here in the US for both herself and for you. IT DOES NOT MATTER IF SHE IS IN THE US OR NOT. SHE STILL NEEDS TO FILE.
I do not believe you could have immigrated to the US without your mother having done so at the same time as you or just prior.
I am also assuming that the travel visa you are talking about for your mother is a re-entry permit obtained through the USCIS when your mother applied for a 2 year leave of absence from the US to attend to business abroad.
Please confirm that as well.
Please, please, please note: There is a difference in saying your mother has not immigrated to the US and that your mother has residency status in the US but does not currently reside here.
I-751's are issued to a foreign spouse of a USC who has emigrated to the US based on the marriage to their USC spouse.
At the time the foreign spouse received adjustment of status to permanent resident the marriage was less than 2 years old. The spouse and their children were then granted Conditional permanent residency with the need to remove conditions. The application to remove conditions can be mailed within the 90 day period before the expiration of the conditional 2 year green card.
NORMALLY, it is the foreign spouse who needs to file the I-751 and NOT the child. It is the foreign spouse who must prove that the marriage is still continuing and is valid. The child rides on the coat tails of their foreign parent.
HOWEVER, if the child is over the age of 18, the child must apply themselves for the removal of conditions by filing form I-751.
I am assuming this is the case with you. Please let me know if this is correct.
ALSO, your mother MUST file the I-751 before the above 90 days period is expired or she will lose her residency status. She must have landed in the US at some point and either activated an US Consulate approved Immediate Relative Visa and/or filed the appropriate adjustment of status forms here in the US for both herself and for you. IT DOES NOT MATTER IF SHE IS IN THE US OR NOT. SHE STILL NEEDS TO FILE.
I do not believe you could have immigrated to the US without your mother having done so at the same time as you or just prior.
I am also assuming that the travel visa you are talking about for your mother is a re-entry permit obtained through the USCIS when your mother applied for a 2 year leave of absence from the US to attend to business abroad.
Please confirm that as well.
Please, please, please note: There is a difference in saying your mother has not immigrated to the US and that your mother has residency status in the US but does not currently reside here.
Apr 23rd 2010, 6:44 am
#17
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,474
Re: I-751 HELP!
ALSO, your mother MUST file the I-751 before the above 90 days period is expired or she will lose her residency status. She must have landed in the US at some point and either activated an US Consulate approved Immediate Relative Visa and/or filed the appropriate adjustment of status forms here in the US for both herself and for you. IT DOES NOT MATTER IF SHE IS IN THE US OR NOT. SHE STILL NEEDS TO FILE.
I do not believe you could have immigrated to the US without your mother having done so at the same time as you or just prior.
I am also assuming that the travel visa you are talking about for your mother is a re-entry permit obtained through the USCIS when your mother applied for a 2 year leave of absence from the US to attend to business abroad.
I do not believe you could have immigrated to the US without your mother having done so at the same time as you or just prior.
I am also assuming that the travel visa you are talking about for your mother is a re-entry permit obtained through the USCIS when your mother applied for a 2 year leave of absence from the US to attend to business abroad.
Comment: I find OP's posts confusing myself. Sometimes the biggest thing an attorney has to do is figure out what the hell she is confronted with! It is kind of like the situation when an accountant is confronted with a client bringing in a box full of receipts and what not which were thrown in a box called "tax stuff" as it came in.
