Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Questions about filing I-751 removal of conditions

Questions about filing I-751 removal of conditions

Thread Tools
 
Old Feb 15th 2004, 2:32 am
  #1  
Forum Regular
Thread Starter
 
Joined: Sep 2001
Posts: 76
RickQ is an unknown quantity at this point
Default Questions about filing I-751 removal of conditions

It is coming up (in June) to the two year anniversary of my receipt of my Greencard and I have been looking into what I need to do to file to have the conditions removed.

I am originally from the UK and my wife is a US citizen. I have been living here in the US since May of 2002.

As far as I can tell, I need to file the I-751 with evidence that we are married and then wait to hear back from them. I understand that I am supposed to send it to the service center and not the local INS office but that I will need to visit the local office to have a new greencard issue a new greencard eventually.

It looks like I have to send in my passport, but I am hoping to travel out of the country about 2 weeks before the cutoff point, would that be a problem?

Does anyone have any advice? Does this look about right (I know there are more details and I am reading up on them as much as possible).
RickQ is offline  
Old Feb 15th 2004, 3:47 am
  #2  
Member
 
jeffreyhy's Avatar
 
Joined: Apr 2001
Posts: 14,049
jeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond reputejeffreyhy has a reputation beyond repute
Default Re: Questions about filing I-751 removal of conditions

Rick,

It looks like you need to read the instructions that come with the form again.

Regards, JEff

Originally posted by RickQ
It is coming up (in June) to the two year anniversary of my receipt of my Greencard and I have been looking into what I need to do to file to have the conditions removed.

...

It looks like I have to send in my passport, but I am hoping to travel out of the country about 2 weeks before the cutoff point, would that be a problem?

...
jeffreyhy is offline  
Old Feb 15th 2004, 8:49 pm
  #3  
BE Forum Addict
 
Joined: Dec 2003
Posts: 1,430
sphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to behold
Default Re: Questions about filing I-751 removal of conditions

Originally posted by RickQ
It is coming up (in June) to the two year anniversary of my receipt of my Greencard and I have been looking into what I need to do to file to have the conditions removed.

I am originally from the UK and my wife is a US citizen. I have been living here in the US since May of 2002.

As far as I can tell, I need to file the I-751 with evidence that we are married and then wait to hear back from them. I understand that I am supposed to send it to the service center and not the local INS office but that I will need to visit the local office to have a new greencard issue a new greencard eventually.

It looks like I have to send in my passport, but I am hoping to travel out of the country about 2 weeks before the cutoff point, would that be a problem?

Does anyone have any advice? Does this look about right (I know there are more details and I am reading up on them as much as possible).
You might want to uncheck your options so that your message also goes to the usenet (you'll get more responses to questions).

You can send in your I-751 3 months before your 2-years are up on your conditional green card (which sounds like March in your case).

You DO NOT send in your passport.

You need to do a bit more reading on the subject it sounds like.

See http://uscis.gov/graphics/formsfee/forms/i-751.htm
sphyrapicus is offline  
Old Feb 16th 2004, 12:10 am
  #4  
Forum Regular
Thread Starter
 
Joined: Sep 2001
Posts: 76
RickQ is an unknown quantity at this point
Default Re: Questions about filing I-751 removal of conditions

Originally posted by sphyrapicus

You DO NOT send in your passport.
Thanks, sphyrapicus, I read a bit more about it today and I realized my mistake. I found the form and read it through and it seems a bit more clear to me now.
RickQ is offline  
Old Feb 16th 2004, 12:44 am
  #5  
Howling at the Moon
 
lairdside's Avatar
 
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
lairdside will become famous soon enoughlairdside will become famous soon enough
Default Re: Questions about filing I-751 removal of conditions

Originally posted by RickQ
Thanks, sphyrapicus, I read a bit more about it today and I realized my mistake. I found the form and read it through and it seems a bit more clear to me now.
I believe that it's 90 days before expiry and not 3 months.

Send it even a day early and they may spit it back out again.
lairdside is offline  
Old Feb 16th 2004, 1:01 am
  #6  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,388
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Questions about filing I-751 removal of conditions

Originally posted by lairdside
I believe that it's 90 days before expiry and not 3 months.

Send it even a day early and they may spit it back out again.

Also you must have had your third year wedding anniversary at the time of filing. If not your filing will be returned.

This would apply to those that married and filed at local district offices that did instant adjustment for K-1 recipients. They were approved the same day as application and often their second wedding anniversary is only two or three weeks prior to the anniversary date of their green card so for them that information is pertinent.

Rete
Rete is offline  
Old Feb 16th 2004, 1:53 am
  #7  
Howling at the Moon
 
lairdside's Avatar
 
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
lairdside will become famous soon enoughlairdside will become famous soon enough
Default Re: Questions about filing I-751 removal of conditions

Originally posted by Rete
Also you must have had your third year wedding anniversary at the time of filing. If not your filing will be returned.

This would apply to those that married and filed at local district offices that did instant adjustment for K-1 recipients. They were approved the same day as application and often their second wedding anniversary is only two or three weeks prior to the anniversary date of their green card so for them that information is pertinent.

Rete
Isn't that for Natz rather than removal of Conditions?
lairdside is offline  
Old Feb 16th 2004, 2:35 am
  #8  
Forum Regular
Thread Starter
 
Joined: Sep 2001
Posts: 76
RickQ is an unknown quantity at this point
Default Re: Questions about filing I-751 removal of conditions

Originally posted by Rete
Also you must have had your third year wedding anniversary at the time of filing. If not your filing will be returned.

This would apply to those that married and filed at local district offices that did instant adjustment for K-1 recipients. They were approved the same day as application and often their second wedding anniversary is only two or three weeks prior to the anniversary date of their green card so for them that information is pertinent.

Rete
Rete, I don't understand this point.

The relevant dates are:
6/6/02 - Married
6/21/02 - Filed AOS and received GC
6/21/04 - GC expires.

This means that our second annivesary will be 6/6/04 but I will need to file before 6/21/04, right? Is there something I am missing?

Rick.
RickQ is offline  
Old Feb 16th 2004, 2:50 am
  #9  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,388
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Questions about filing I-751 removal of conditions

Originally posted by lairdside
Isn't that for Natz rather than removal of Conditions?
My apologies ... fuzzy brain here ... you are 100% correct. It is the third wedding anniversary for the naturalization.

Too much valentine's day with my dad I guess ... he had me up to all hours talking last night. Need sleep ...

Rete
Rete is offline  
Old Feb 16th 2004, 2:51 am
  #10  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,388
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Questions about filing I-751 removal of conditions

Originally posted by RickQ
Rete, I don't understand this point.

The relevant dates are:
6/6/02 - Married
6/21/02 - Filed AOS and received GC
6/21/04 - GC expires.

This means that our second annivesary will be 6/6/04 but I will need to file before 6/21/04, right? Is there something I am missing?

Rick.

Of course you can't understand it because it doesn't make sense at all.

I was incorrect Rick. Was thinking of the filing for naturalization. Go file for your I-751 ... forget everything I said.

Sorry.

Rete
Rete is offline  
Old Feb 16th 2004, 3:14 am
  #11  
Howling at the Moon
 
lairdside's Avatar
 
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
lairdside will become famous soon enoughlairdside will become famous soon enough
Default Re: Questions about filing I-751 removal of conditions

Originally posted by Rete
My apologies ... fuzzy brain here ... you are 100% correct. It is the third wedding anniversary for the naturalization.

Too much valentine's day with my dad I guess ... he had me up to all hours talking last night. Need sleep ...

Rete
*hugs*

Sleep

I woke up this morning feeling as if I had a hangover but I hadn't been drinking (yeah, my life should be so exciting).

Currently I'm doped on Vicodin.

I think I'm just getting old.......
lairdside is offline  
Old Feb 16th 2004, 4:38 am
  #12  
BE Enthusiast
 
tara's Avatar
 
Joined: May 2001
Posts: 333
tara is an unknown quantity at this point
Default Re: Questions about filing I-751 removal of conditions

Originally posted by RickQ
It is coming up (in June) to the two year anniversary of my receipt of my Greencard and I have been looking into what I need to do to file to have the conditions removed.

............but I am hoping to travel out of the country about 2 weeks before the cutoff point, would that be a problem?

Does anyone have any advice? Does this look about right (I know there are more details and I am reading up on them as much as possible).
Hi RickQ,

When are you planning to leave the country? Will you be back before the June mark on your Green Card? Are you hoping to have the I-797 before you leave? The I-797 is the Notice of Action /Receipt Notice, for your I-751.

We are in a tricky situation. We file our I-751 in mid-March, and leave the country in May. We will be gone for 2 months by then the green card will be showing an expired date.

i have contacted my Congressional liason for advise.

If you also will be in a close encounter, read this:
http://www.murthy.com/ukmemo.html

Best wishes,
tara is offline  
Old Feb 16th 2004, 11:45 am
  #13  
BE Forum Addict
 
Joined: Dec 2003
Posts: 1,430
sphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to behold
Default Re: Questions about filing I-751 removal of conditions

Originally posted by RickQ
Rete, I don't understand this point.

The relevant dates are:
6/6/02 - Married
6/21/02 - Filed AOS and received GC
6/21/04 - GC expires.

This means that our second annivesary will be 6/6/04 but I will need to file before 6/21/04, right? Is there something I am missing?

Rick.
Rick,

You can file on 3/21/04.
sphyrapicus is offline  
Old Feb 16th 2004, 11:47 am
  #14  
BE Forum Addict
 
Joined: Dec 2003
Posts: 1,430
sphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to beholdsphyrapicus is a splendid one to behold
Default Re: Questions about filing I-751 removal of conditions

Originally posted by tara
Hi RickQ,

When are you planning to leave the country? Will you be back before the June mark on your Green Card? Are you hoping to have the I-797 before you leave? The I-797 is the Notice of Action /Receipt Notice, for your I-751.

We are in a tricky situation. We file our I-751 in mid-March, and leave the country in May. We will be gone for 2 months by then the green card will be showing an expired date.

i have contacted my Congressional liason for advise.

If you also will be in a close encounter, read this:
http://www.murthy.com/ukmemo.html

Best wishes,
As long as you get your I-797 then you would have nothing to worry about. If not, go to your local district office and get your passport stamped (be prepared to show proof that you filed your I-751).

I'm not sure what you need the congressional liason for? This is a pretty straightforward procedure.

The memo you describe has nothing to do with people submitting the original I-751 paperwork. It is in reference to people who have expiring I-797s and need proof of status for employment or travel reasons.

Last edited by sphyrapicus; Feb 16th 2004 at 11:50 am.
sphyrapicus is offline  
Old Feb 16th 2004, 3:57 pm
  #15  
BE Enthusiast
 
tara's Avatar
 
Joined: May 2001
Posts: 333
tara is an unknown quantity at this point
Default Re: Questions about filing I-751 removal of conditions

Originally posted by sphyrapicus
As long as you get your I-797 then you would have nothing to worry about. If not, go to your local district office and get your passport stamped (be prepared to show proof that you filed your I-751).

I'm not sure what you need the congressional liason for? This is a pretty straightforward procedure.

The memo you describe has nothing to do with people submitting the original I-751 paperwork. It is in reference to people who have expiring I-797s and need proof of status for employment or travel reasons.
Hello sphyrapicus,

My liason was contacted because there is a short span between us filing our I-751 and us leaving. There is a possibility of the I-797 not reaching us first.

My husband is from a country that receives POE scrutiny. What if we did not have that I-797? And, if we do have it, and you accept that POE officers are fully hip on the fact that expired green card+I797=valid, there are other reasons/places in our outside US trip that he may need to show his status, and these people may not be as hip.

i did not post what she is advising us to do. She is going to assist in having his passport stamped now. However, i did leave the wrong link for the memo. That was an article on the memo, this is the memo:
http://uscis.gov/graphics/lawsregs/...tensn120203.pdf
She pointed to the December memo, to reference that he can be re-stamped.

My Congressional office does not look at contacts with them as irritants. They actually follow cases. Maybe it is a part of living in the hospitable south.

RickQ,
Goodness, you have had a time with the responses haven't you? From the friendly urging to "read the instructions again" to confusion with the naturalization procedure, to my rambling.
i'm sorry if i added to the babel.
Just wanted to let you know that if you wanted/needed a stamp in your passport to prove status it is possible.

Best wishes,
tara is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.