I-751 Questions

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Old Apr 16th 2006, 5:09 am
  #1  
DallasCPL
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Default I-751 Questions

Hello All,

Hi have a couple of 751 questions not discussed in any of the previous
posts.

Q 1. For the form I-751 . Should this form be signed by my spouse
within 90days of my green card expiration? I mean say my GC expires on
July 25th and my 90 day window to apply starts on April 25th (and today
is April 15th). Should the I-751 be signed by my spouse only within
this 90day period that starts on April 25th? I was wondering about this
because we started putting all our documentation together and we were
wondering if we should wait till 25th to sign the I-751 form or we can
sign it like a week or two before so we have everything in order when
the time comes for us to send it off.

Q2. The same question as above but for the Affidavits? Should the
affidavits get notarized within the 90 day period or can they be
notarized like a week or two before the 90 day period so by the time
the 90day period starts we have everything ready with us so we can send
it off.

Thanks a lot and this group is really a wonderful place for lots of
information.
 
Old Apr 16th 2006, 7:07 am
  #2  
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Default Re: I-751 Questions

Originally Posted by DallasCPL
Hello All,

Hi have a couple of 751 questions not discussed in any of the previous
posts.

Q 1. For the form I-751 . Should this form be signed by my spouse
within 90days of my green card expiration? I mean say my GC expires on
July 25th and my 90 day window to apply starts on April 25th (and today
is April 15th). Should the I-751 be signed by my spouse only within
this 90day period that starts on April 25th? I was wondering about this
because we started putting all our documentation together and we were
wondering if we should wait till 25th to sign the I-751 form or we can
sign it like a week or two before so we have everything in order when
the time comes for us to send it off.

Q2. The same question as above but for the Affidavits? Should the
affidavits get notarized within the 90 day period or can they be
notarized like a week or two before the 90 day period so by the time
the 90day period starts we have everything ready with us so we can send
it off.

Thanks a lot and this group is really a wonderful place for lots of
information.
Hi,

I can't say for sure, but why not sign everything within the 90 day window, just to reduce chances of rejection? Prepare it ahead of time if you wish, and then sign everything just before sending it off, within the 90 day window. That seems like the most logical thing to do.

Best Wishes,
Rene
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Old Apr 16th 2006, 1:58 pm
  #3  
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Default Re: I-751 Questions

Originally Posted by DallasCPL
Hello All,

Hi have a couple of 751 questions not discussed in any of the previous
posts.

Q 1. For the form I-751 . Should this form be signed by my spouse
within 90days of my green card expiration? I mean say my GC expires on
July 25th and my 90 day window to apply starts on April 25th (and today
is April 15th). Should the I-751 be signed by my spouse only within
this 90day period that starts on April 25th? I was wondering about this
because we started putting all our documentation together and we were
wondering if we should wait till 25th to sign the I-751 form or we can
sign it like a week or two before so we have everything in order when
the time comes for us to send it off.

Q2. The same question as above but for the Affidavits? Should the
affidavits get notarized within the 90 day period or can they be
notarized like a week or two before the 90 day period so by the time
the 90day period starts we have everything ready with us so we can send
it off.

Thanks a lot and this group is really a wonderful place for lots of
information.
A1: DO NOT sign and date the forms prior to the 90 day period. I also wouldn't send it off right at the 90 days. My calculations are that the 90 days begins for you on April 27th.

A2: There are questions to whether or not these are even necessary. If you look back through posts, you'll see where people don't recommend them unless you have very limited documentation of your marriage. There is also discussion to the required legalese they must be written in and if they aren't accepted if they don't follow the exact standard.

When we did our I-751, we included a couple of these - they weren't notarized and weren't written to any code. All of the writers did include their contact information. We recieved an RFE several months after applying asking for specific documentation. We couldn't provide exactly what they were asking for, so we supplied additional evidence and a letter explaining why we didn't include a copy of our mortgage w/both of our names on it. (Both of our names are not on it.)

A few weeks later we were approved without interview.
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Old Apr 16th 2006, 2:44 pm
  #4  
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Default Re: I-751 Questions

Originally Posted by DallasCPL
Hello All,

Hi have a couple of 751 questions not discussed in any of the previous
posts.

Q 1. For the form I-751 . Should this form be signed by my spouse
within 90days of my green card expiration? I mean say my GC expires on
July 25th and my 90 day window to apply starts on April 25th (and today
is April 15th). Should the I-751 be signed by my spouse only within
this 90day period that starts on April 25th? I was wondering about this
because we started putting all our documentation together and we were
wondering if we should wait till 25th to sign the I-751 form or we can
sign it like a week or two before so we have everything in order when
the time comes for us to send it off.

Q2. The same question as above but for the Affidavits? Should the
affidavits get notarized within the 90 day period or can they be
notarized like a week or two before the 90 day period so by the time
the 90day period starts we have everything ready with us so we can send
it off.

Thanks a lot and this group is really a wonderful place for lots of
information.
Hi:

A-1 -- really doesn't matter -- it just has to be filed within the 90 days. I've had cases where US spouse is on military deployment and it has been no problem.

A-2 -- first of all, you don't usually "need" affidavits in my opinion -- although this is a judgement call. Second, the law allows for "declaration under penalty of perjury" as the legal equivalent of notarization.
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Old Apr 16th 2006, 2:47 pm
  #5  
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Default Re: I-751 Questions

Originally Posted by DallasCPL
Hello All,

Hi have a couple of 751 questions not discussed in any of the previous
posts.

Q 1. For the form I-751 . Should this form be signed by my spouse
within 90days of my green card expiration? I mean say my GC expires on
July 25th and my 90 day window to apply starts on April 25th (and today
is April 15th). Should the I-751 be signed by my spouse only within
this 90day period that starts on April 25th? I was wondering about this
because we started putting all our documentation together and we were
wondering if we should wait till 25th to sign the I-751 form or we can
sign it like a week or two before so we have everything in order when
the time comes for us to send it off.
Sign it the day you are sending it off. I don't know what others have done but I did out paperwork for the I-751 and I signed it just before mailing. Actually the 25th of April might be before your ninety day period. Did you count it day by day?

Q2. The same question as above but for the Affidavits? Should the
affidavits get notarized within the 90 day period or can they be
notarized like a week or two before the 90 day period so by the time
the 90day period starts we have everything ready with us so we can send
it off.

Thanks a lot and this group is really a wonderful place for lots of
information.
They do not have to be notarized and can be dated prior to the 90 day period.
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Old Apr 16th 2006, 4:12 pm
  #6  
DallasCPL
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Default Re: I-751 Questions

Hi,

Thanks a lot to everyone in the group for providing valuable input.
 

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