Remove conditions greencards
Sep 16th 2018, 5:16 am
#1
Forum Regular
Thread Starter
Joined: Oct 2012
Posts: 49
Remove conditions greencards
Hi all,
My friend and her children got their condition greencards and it's now time to apply for the removal of the condition. She just got a confusion about the time to apply for the removal of the condition on her children's greencards. They are 2.5 and 4.5 years of age.
The problem is that her children got their greencards 4 months after hers. Their case was an AOS through marrige, on the day of the interview, she was told that her children's files were not there for the interviewing lady to approve therefore they needed to request their files to be sent to her to be approved (strange!!! All application were filed the same day and the receipts were all dated the same day). She was approved on the day of the interview, then one month later my friend got her card but her children's ones arrived 4 months later (after 2 times of enquiry with USICS, their reason was that their application was still in processing time frame, you just have to wait).
According to USCIS website, she has to file the removal of condition for her children separately due the 4 months apart of issuing date. She's been asked around and been advised differently by immigration agents. Some say she has to file 3 different applications due to the different times of greencards issue date, some say she should include her children in her application since their cases totally depending on her case.
Any advice would be much appreciated. Has anyone experienced the same situation?
Thanks.
My friend and her children got their condition greencards and it's now time to apply for the removal of the condition. She just got a confusion about the time to apply for the removal of the condition on her children's greencards. They are 2.5 and 4.5 years of age.
The problem is that her children got their greencards 4 months after hers. Their case was an AOS through marrige, on the day of the interview, she was told that her children's files were not there for the interviewing lady to approve therefore they needed to request their files to be sent to her to be approved (strange!!! All application were filed the same day and the receipts were all dated the same day). She was approved on the day of the interview, then one month later my friend got her card but her children's ones arrived 4 months later (after 2 times of enquiry with USICS, their reason was that their application was still in processing time frame, you just have to wait).
According to USCIS website, she has to file the removal of condition for her children separately due the 4 months apart of issuing date. She's been asked around and been advised differently by immigration agents. Some say she has to file 3 different applications due to the different times of greencards issue date, some say she should include her children in her application since their cases totally depending on her case.
Any advice would be much appreciated. Has anyone experienced the same situation?
Thanks.
Last edited by xhuyx; Sep 16th 2018 at 5:20 am.
Sep 16th 2018, 6:04 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,388
Re: Remove conditions greencards
The only Brit friend that I knew of personally who came with his daughter on an CR-1 had a different date on his green card for expiration then his daughter did. They both had to apply separately.
Sep 17th 2018, 8:54 pm
#4
Forum Regular
Joined: Jan 2017
Posts: 246
Re: Remove conditions greencards
Hi all,
My friend and her children got their condition greencards and it's now time to apply for the removal of the condition. She just got a confusion about the time to apply for the removal of the condition on her children's greencards. They are 2.5 and 4.5 years of age.
The problem is that her children got their greencards 4 months after hers. Their case was an AOS through marrige, on the day of the interview, she was told that her children's files were not there for the interviewing lady to approve therefore they needed to request their files to be sent to her to be approved (strange!!! All application were filed the same day and the receipts were all dated the same day). She was approved on the day of the interview, then one month later my friend got her card but her children's ones arrived 4 months later (after 2 times of enquiry with USICS, their reason was that their application was still in processing time frame, you just have to wait).
According to USCIS website, she has to file the removal of condition for her children separately due the 4 months apart of issuing date. She's been asked around and been advised differently by immigration agents. Some say she has to file 3 different applications due to the different times of greencards issue date, some say she should include her children in her application since their cases totally depending on her case.
Any advice would be much appreciated. Has anyone experienced the same situation?
Thanks.
My friend and her children got their condition greencards and it's now time to apply for the removal of the condition. She just got a confusion about the time to apply for the removal of the condition on her children's greencards. They are 2.5 and 4.5 years of age.
The problem is that her children got their greencards 4 months after hers. Their case was an AOS through marrige, on the day of the interview, she was told that her children's files were not there for the interviewing lady to approve therefore they needed to request their files to be sent to her to be approved (strange!!! All application were filed the same day and the receipts were all dated the same day). She was approved on the day of the interview, then one month later my friend got her card but her children's ones arrived 4 months later (after 2 times of enquiry with USICS, their reason was that their application was still in processing time frame, you just have to wait).
According to USCIS website, she has to file the removal of condition for her children separately due the 4 months apart of issuing date. She's been asked around and been advised differently by immigration agents. Some say she has to file 3 different applications due to the different times of greencards issue date, some say she should include her children in her application since their cases totally depending on her case.
Any advice would be much appreciated. Has anyone experienced the same situation?
Thanks.
Sep 17th 2018, 11:38 pm
#5
BE Forum Addict
Joined: Apr 2014
Location: Lauren's Co. SC by way of Palmetto, Florida
Posts: 3,265
Re: Remove conditions greencards
According to the I-751 instructions, if the children got their conditional permanent residence (i.e. the "resident since" date) within 90 days of the parent, they can be included on the same I-751 form; and if they got it more than 90 days after the parent, they must each file their own I-751s. 4 months is more than 90 days, so from your description they will need to file 3 separate I-751s.
Sep 18th 2018, 3:42 am
#6
Forum Regular
Thread Starter
Joined: Oct 2012
Posts: 49
Re: Remove conditions greencards
Thanks all for your reply, I guess we will have to file 3 different applications to be safe, the applications will also have to be filed 4 months apart since you're only allowed to apply within 90 days before the expiry.
It's kinda ironic that in the I-751 instructions, USCIS makes a big deal by requiring a full explanation why you have to apply for the children separately from the parents.
We'll try again by booking an appointment with USCIS field office and ask them directly. We'll see how it goes.
It's kinda ironic that in the I-751 instructions, USCIS makes a big deal by requiring a full explanation why you have to apply for the children separately from the parents.
We'll try again by booking an appointment with USCIS field office and ask them directly. We'll see how it goes.
