WVDreamer

I have been a conditional permanent resident since November last year. I applied through a marriage based visa via a adjustment of status. Everything went great and we sailed through the interview.

My greencard is good upto November 2013 and I know I have to do the removal process to get a ten year greencard.

My questions are:

1. Is the removal process similar to the AOS interview etc? If so do I need the same type of proof that we showed during our interview or do we need 'new' proof since the time I got the greencard.

2. Is this something we can do ourselves and not get a lawyer, ideally i'd rather not get a lawyer. Our lawyer gave us a copy of all the forms she submitted during our AOS process and I was surprised at home relatively simple it was.

3. I did overstay my visa waiver before going the AOS route. This was never a issue during the AOS interview, will it be now?

If anyone has any tips or advice regarding this process it would be great. I remember our lawyer said we wouldn't have any issues (my wife and I are still together lol) but I am a bit of a worrier, especially as immigration seems to be such a hot potato in the USA at the moment.

Noorah101

There is usually no interview for the removal of conditions. You will need to gather the same type of proof, yes, to submit with the I-751. You will need "new" proof of the same nature, but also include some evidence dating back to the marriage date.

I would say you can do it without a lawyer. It's very straightforward.

No. USCIS is just looking to see evidence of the continued bonafide marriage.

Rene

Noorah101

You know you can't file the I-751 until the 90-day window just prior to the 2-year green card expiration date, right? It's good that you're asking ahead of time, but you've got a little over a year until you can file. But, you can keep collecting evidence in a file so you won't be scrambling for it when the time comes.

Rene

WVDreamer

Thanks for the reply Rene.

I was aware of the 90 day window, I just wanted to start getting some stuff together early. The whole AOS went smooth for us but I found the whole process nerve wracking knowing that I had overstayed. This time I am determined to get everything ready with the minimal stress

Noorah101

Good job! Your overstay has been forgiven by USCIS, so nothing more to worry about in that regard.

Rene

Bomjeito

We just did this AOS process with the I-751 two months ago. Its very straightforward and no lawyer is needed.

Here is part of our cover letter and what we included. We only just submitted this a few months ago, had the biometrics done, now its just a wait. Not all (do many?) get interviews as well....so we decided to follow the instructions which was to prove bona fide and ONGOING marriage. Its not about support for this AOS. Its about being married and having a life here. Its easy. Really.

After about 2-3 weeks of submission of the packet, we got the NOA which extended the green card a year. Then the appointment date for the biometrics. All quite straightforward. Now we wait. I hear it takes up to a year to get the card or RFE. Sigh.

What we could not include were utilities in joint names, as when we came, only I had a SSN and credit score, so they are all in the USC's name. Same with our vehicle titles - they were bought under the USC because we financed them, being that our funds were en route from UK.

Its okay, USCIS must fully know that is normal in the USA that utilities are normally only in ONE person's name. So surely, gather up your evidence now and be ready to submit within the 90 day window. Being early on the evidence means you have the time to sort it the way you want...for example we had somehow misplaced our wills in the move over here, and it took some time to get the UK ones replaces and we went and did the US ones in the meantime. We had to do them anyhow, and it kickstarted our process.

Don't submit early, they'll return the package.

excerpt: (Everyone's may be different, YMMV!!!)

Evidence of family life:
• Eleven pages of family photographs of us and family throughout past two years;
• Copy of our Christmas letter to family friends, 2010 & 2011;
• Affidavits (we used four; one family, two colleagues and one mutual friend)
• OB letter stating are having a family/are pregnant.


The following financial statements addressed our joint address:
• Joint banking info (a few random statements over the 2 years);
• Joint mortgage statements;
• Deeds of Release for properties as joint property owners;
• State Farm Homeowners Insurance Renewal Certificate;
• State Farm Auto Insurance Renewal Certificate;
• State Farm Home Insurance Receipt;
• State Farm Auto Insurance Receipt;
• Credit score reports at joint address;
• 2010 and 2011 Tax Returns;
• 2010 & 2011 Harris County MUD Tax Statement;
• 2010 & 2011 Cypress Fairbanks Independent School District Tax Statements;
• 2010 & 2011 Property Tax Statements.

The following other correspondence :
• Community Association bills for 2010,2011 and 2012;
• Home Owners Association Registration;
• Harris County Property Appraisal 2012;
• Title Company Owners Policy of Title Insurance Covering Letter.

The following documentation showing beneficiaries of work healthcare and insurance policies:
• 401(k) retirement account beneficiary designation;
• company Benefits Confirmation & Summary Nov 2011;
• company Benefits Confirmation & Summary May 2012;
• Blue Cross Blue Shield Summary Explanation of Benefits Apr 2012.

The following is additional evidence of shared financial and domestic affairs:

• Our wills;
• Shared credit cards on same account;
• Joint checking account: copy of check and debit cards;
• Joint health insurance cards;
• Shared store card on same account;
• Texas Auto Insurance Liability Cards for 2010, 2011, 2012;
• Copy of our driver’s licenses showing joint account;
• Travel documents for the past 2 years.

Oh - our cover letter had clear affadavit from us with the language used by USCIS on the 751 - then we both signed it.

Noorah101

Not AOS, but Removal of Conditions.

The only time one gets an interview is if the adjudicating officer has reason to suspect that the marriage is not bona-fide, or if the case is picked randomly for quality control purposes.

Not AOS, but Removal of Conditions.

The green card still expires. The letter extends your PR status for 1 year.

Probably won't take that long. I'd say more like 6 - 8 months, tops.

I'd say you don't need that many pages of photos together...maybe only a couple.

Affidavits are the weakest form of evidence, so if you have other good evidence (tax returns, joint banking, joint property, etc), then you don't need affidavits.

Rene

jeffreyhy

The "removal process" - any immigration 'process' - may or may not involve an interview. Removal of conditions generally does not involve an interview. When an interview is required, it is generally similar to an interview for adjustment of status. You need the type of "proof" that is listed in the I-751 instructions, which you read before you started asking questions - yes? Probably, if you remain happily married. Shouldn't be, no. Regards, JEff

jeffreyhy

No, you didn't. The "AOS process" does not involve I-751.

Regards, JEff

Bomjeito

Regarding my post and package, some are semantics, others I clearly wrote that for others, YOUR MILEAGE MAY VARY.

This is the second removal of conditions that I've done in my life, being married to another non-USC before. Everyone has opinions on how many photos to use (it was 20 photos, which came to 11 pages, not like hundreds in an album) and actually, my immigration lawyer friend was the one who said the affadavits are actually useful to a package - to prove that we are part of our commuity. I then talked to my Foreign Service friend who is in the Consul position abroad (Relax, I know, they don't do 751s abroad but he had over a decade after working here in the US as a liaison to USCIS) and he agreed. (I used to work for State Department.) He said every package is looked at differently, so having enough of what they "may" look for makes it easier - so better to put things in as opposed to not. Again Mileage May Vary. Each case is unique. For our case, the items included were thought out and other pieces discarded.

So I don't think a post to pick apart our package is helpful to the OP; I merely posted to assist the OP to consider his options on what he may want to consider filing. I don't think it too necessary to opine to the OP that what another 751 package may have looked like must not be what he should consider. OP needs to consider what is best for THEIR package (as it is a joint application, it is presumed.)

Its all opinions, and I very much made the disclaimer that everyone's case is different, so lets just allow other posters to chime in for the OP? When I was once asking questions, just to see what other folks did was a huge help. It did not mean that it was the official instructions and had to be done that way. Its just how someone else managed the paperwork.

My neighbor's 10 year card took 11 months. The timeline on VSC is sitting at 12 months (they recently started Aug 2011 applications.) VisaJourney.com has it running 10-12 months. Again, MMV, and splitting hairs on opinions is counter-productive and confusing to someone just starting the process, don't you think? Just stating what I've heard, researched and seen. Point is for the OP: its not an quick process to get the new physical card once the package is submitted; however the NOA gives the one year extension, so folks are covered while they get the time to process things. And any glance at anyone on the 751 forum in their signatures - it takes about 9 months or more.

Once you get your case number, which we did just last month, the case number allows you to get an approximation of the processing time for your case. Our May 20 package (with biometrics done in July), as of just last week, is running 10-11 months (but the average is reported to b 9 months on VisaJourney.com.) Of course the new card may come earlier, or we may get an RFE or interview requestion, but that is what is recent as of lately on the USCIS website. And its all based on which OFFICE the OP will be submitted their package as the Vermont SC is quite behind the California SC.

And I used "AOS" as to not confuse (yet) the OP - in time he'll get the phraseology right.. all he has to do is read the info pages for the I-751....just now he's begun the process, so lets focus on helping the OP. Plus abroad in the embassy, anything that changed a status we actually did call AOS (but clarified what type of status - since we were talking from the original post the 751, it was clear to me that the OP was shifting from conditional to permanent residency.) All semantics.

To OP: VisaJourney.com has a section forum for 751 folks. Its very helpful forum and everyone compiled their packages differently but will give you a clue into what may be useful for you as well as how to deal with any glitches.


ETA: Just went into our case. CSC is processing in 6 months. VSC has just started September, 2011 packages. So 11 months still is the processing time for Vermont Service Center. So...mileage may vary as we have no idea where OP is having theirs processed.

Noorah101

I agree with most of what you wrote...everyone's case is different, and we are all giving the OP our own ideas. Sorry if you felt I was picking your post apart, that wasn't my intent.

However, I will say that it's not just semantics regarding Adjustment of Status and Removal of Conditions. They are two distinct, completely seperate applications, and you can't use the terms interchangably. It's better for the OP to know this up front, rather than use some terminology you think he might understand better. It's always much better to call things what they really are in the in the immigration world.

Rene

jeffreyhy

Not quite. PR status is extended until the I-751 is adjudicated by the action of having filed the I-751.

The letter is evidence of PR status, such evidence being valid for 1 year. In other words, the letter is a substitute green card valid for 1 year.

Regards, JEff

jeffreyhy

+1

Regards, JEff

WVDreamer

Thanks for all the help and chat. I think we should be good, looking at what has been posted.