I-751: Removal of Conditions

[david_dawei]

Since I'm about to file our I-751, I've pulled together info I used and will share what we did. Maybe this will turn into an FAQ with comments from others or at least the thread can stand on it's own as well.

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I-751: Removal of Conditions

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A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

 

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

 

Upon removal of conditions, the green card is valid for 10 years, and then a person has to get a new one, but the status as Permanent Resident does not expire after 10 years.

 

NOTE:

You can't file before the 90 days (green card expiration). 3 months can be more than 90 days (92). If you submit too early, they will reject your application.

 

 

The Usual Suspects:

1) Payment of $505+$85 ($590) to US Department of Homeland Security.

2) Cover Sheet.

3) Form I-751, plus any attachments.

4) Copy of the green card (front and back).

5) Evidence of a bona-fide relationship.

 

 

Samples of evidence of a bona-fide relationship (suit to your situation):

1) A deed, showing co-ownership of your property or a lease agreement with both of your names on the lease.

2) Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled.

3) Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together, showing same account number.

4) Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the beneficiary.

5) 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term).

6) Bank or stock accounts or loans with both of your names on them.

7) A copy of your joint tax returns. Tax transcripts from the IRS are still the preferred method.

8) A car title or other titles to property showing joint ownership with your spouse.

9) Birth certificate of any children that have been born to your marriage.

10) Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you together on vacation.

11) Other family pictures of you together.

12) Copies of Christmas cards and other holiday cards addressed to you both.

13) Any other sort of common, ordinary correspondence addressed to either or both of you at the same address.

14) Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship.

 

Other links:

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USCIS:

USCIS Memo on waiving Interview

http://www.uscis.gov...Waivr062405.pdf

 

VJ:

Guide:

http://www.visajourney.com/forums/index.ph...p;page=751guide

 

Removing Conditions:

http://www.visajourney.com/faq/k1k2visa-re...conditions.html

 

Sample I-751:

http://www.visajourn...-Form-I-751.pdf

 

 

CFL:

Carl’s Cover letter:

http://candleforlove...showtopic=20692

Edited January 3, 2013 by dnoblett
Fee Change (see edit history)

[david_dawei]

Letters from friends

Choose at least 2 friends who know you well *as a married couple*

- Have EACH friend write a letter

- Letter format:

- Must include the person's name, date of birth, SSN**, address, and phone.

- Must be dated.

- Must state how the person came to know you [and list each of you by name).

- When and for how long they have known you.

- Must state that they have seen you a certain amount of time ['frequently' works] since you have been married and that you appear to be a married couple.

 

 

** Edit: As to the reference to needing the person's SSN... This is not required... and I cannot find where I got this comment from originally... if you wanted to show that the writer is a USC or legal peramanent resident, this might be one way of indirectly conveying it. But don't make this a big point... ergo, SSN is not needed.

 

 

Sample Letters from friends or business associates:

--------------------------------------------------

 

David Smith

Address

City, State zip

(telephone number)

 

Date

 

 

To whom It may concern:

 

 

I am writing this letter to support the I-751 petition by Jane and John Doe. I have known Jane and John since (date), when we met while John and I were co-workers. I served as best man at their wedding.

 

Since their marriage, I have seen Jane and John together as a couple many times and in a variety of situations, both at my house and theirs, as well as in public. They appear to be a legitimately married couple.

 

The most recent time that I saw them as a couple was at Jane's surprise birthday party hosted by John.

 

If you have any questions, I may be reached at the phone number or the address above.

 

 

sincerely,

 

 

David Smith

(social security number)

(date of birth)

 

---------------

 

To whom it may concern:

 

My date of birth is 7/13/46 and I was born in Glasgow, KY 42141. Please be advised that I have known (name of US citizen) since 1992, and (name of immigrant spouse) since their marriage in June, 1998. I have entertained them in my home and maintain regular contact with them. They demonstrate an ongoing sound, felicitous relationship and I anticipate their marriage will remain a lifetime commitment.

 

---------------

 

To whom it may concern:

 

This letter will confirm that (name of happily married couple) have a joint account at (name of stockbroker).

 

(US Citizen spouse) has had an account with us since 1993, and upon their marriage they established a joint account by combining assets. (Immigrant spouse) and (US citizen spouse) have maintained their joint account since July of 2000. It is an absolute pleasure to work with (immigrant spouse) and (US citizen spouse). Each time we do our review, I find they seem to have so much in common. Together, they are very focused on their long term goals. It makes my job so much easier.

 

I have known (US citizen spouse) for over 10 years. My date of birth is XXXXXX, and I was born here in Boomfaddle, TN. Please feel free to contact me if you have any questions.

Edited January 26, 2008 by DavidZixuan (see edit history)

[david_dawei]

My cover letter for K1:

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United States Department of Homeland Security

U.S. Citizenship and Immigration Services

[Visa Service Center Name]

[Visa Service Center Address]

 

[Date]

 

I-751 JOINT PETITION TO REMOVE CONDITIONS OF STATUS:

FOR: [First LAST]

A #: [xxxxxxxxxxx]

 

Dear USCIS examiner:

 

Enclosed please find a I-751 joint petition for removal of conditions of permanent resident status regarding my wife, [First LAST]. Please also find enclosed a check for $545.00 ($465 fee for this form and $80 fee for biometric). My wife entered the US on a [visa type] on [date]. We married on [date]. Her conditional resident status expires on [date]. We are happily living together and request that this petition be accepted for removal of conditions for my wife, [First LAST].

 

Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship:

 

• Copy of a certified copy of our marriage license.

• Copy of [First LAST] permanent resident card, expiring on March 8, 2008.

• Two original letters written by U.S. citizen friends with a copy of the envelope showing our address as current.

• Copy of 2008 tax mailing to both names at current address.

• Copy of tax transcripts for 2006 and 2007; years we have filed jointly.

• Copy of two bank addresses to show joint account

• Copy of three credit cards showing a joint account.

• Copy of the title of our car, showing joint ownership.

• Copy of registration and insurance for our car, showing joint ownership.

• Copy of life insurance and 401K; both showing [First LAST] as beneficiary.

• Copy of flights and/or trips we have taken together.

• Copy of photos with friends

 

The copies of documents submitted are exact photocopies of unaltered documents and photos, and I agree to submit originals to an immigrant officer if requested. You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so.

 

Please advise me if you have any further questions for me or my wife; My wife is signing as well to acknowledge the petition contents and also remains available for any questions. Signatures were executed on date shown above.

 

Sincerely,

 

_____________________ ........... _______________________

[uSC First LAST] .......................... [Chinese First LAST]

 

 

--------------------------

 

Notes on my cover letter and application:

1) Signatures:The last item you might note here is that I did what should be the obvious, but I see no one doing this, nor any samples doing this; This is a JOINT filing, so I felt that we should BOTH sign the cover letter.

2) Marriage certificate: Although not required, but since I mention when we got married in the cover letter, I include it. I also mention when she arrived in the US and the expiration of the green card. There is a copy of her visa stamps showing her entry; and the copy of the green card is required. Simply put: If you say something with a date, you should back that up with evidence just to remove any doubts.

3) Originals: The I-751, plus attachments and the letters from friends should all be original documents with signatures; everything else will most likely be a copy.

4) Letters from friends: The instructions state “sworn affidavits”. I had one friend get it notarized but the other friend who filed some eight months earlier was convinced this is unnecessary so gave me the letter not notarized. I will submit both of them. If you ask another couple who knows both of you, have both sign the letter, which we did. Also, ask them to address the envelop to both of you; then, include a copy of the envelopes to show both names at current address and verifies their return address as well.

5) Most recent mailing: I included the recently received mailing from the IRS booklet, since it shows both our names at the current address; thus, this was as recent mailing to both of us, and from a government source.

6) Taxes: It is not stated how many years of taxes you need, but it stands to reason that you are filing in your second year together, so you should go ahead and provide copies of every year you JOINTLY FILED taxes. This helps to show address trend as well.

7) Joint ownership: Include whatever you can from banking, assets, insurance, home, and auto.

8) Trips: If you have taken any trips together, however small, try to take pictures as well and pickup post cards of the area. If flights, then include itinerary as a sample of the trip. We had a few trips with scant evidence, so I included: ( a ) our passport stamps to show we went to china; ( b ) professional pictures from a cruise which had the date stamped on the front with the boat name on too.

9) Pictures: Provide pictures of any trips, CFL gatherings, or people you have visited. I put two pictures to a page. We included pictures of family in different settings (visits and when together for my daughter's wedding), and friends (visits to a couple and visits to gatherings). I wrote a brief explanation like "In Orlando, FL..."

10) Conventions: Two conventions I usually follow: Color the text of the document in red, as seen in the cover letter so it stands out; First names are mixed case but LAST names are UPPER CASE.

11) Closing comments: One should really be thinking about the I-751 starting after the conditional green card is issued. In a nutshell:

a. Establish as much joint ownership as you are comfortable with.

b. Keep envelopes and cards sent in both of your names from bank, IRS, friends, etc. to establish your address history.

c. If you move, submit the forms for your SO and yourself within the required time.

d. Any trips, however small, take pictures and ask others to take pictures of you two;

e. On flights, keep itinerary and receipts for the trip as possible.

f. Work to establish friendships so that some of the above occurs and you have someone to write letters.

 

Notes on payment and mailing:

1. Mark both the envelope and the cover letter as to the nature of the submission. (This can be combined with #2 as: "I-751 Original Submission" )

2. Mark both the envelope and the cover letter as to the form type. (This can be combined with #1 as: "I-751 Original Submission" )

3. Payment to: US Department of Homeland Security.

4. I went to get a money order and they had a max of $500... so I ended up using two for the form and biometric. Put on your check or money order: "For: [Chinese national name, A#]

Edited January 21, 2008 by DavidZixuan (see edit history)

[IllinoisDave]

As always, thanks so much David. This should definately be pinned.

[Chinese Wife!!!]

David,

One item that is very obscure is when there is a child(ren) that enters the US more than 90 days AFTER the parent does- TWO SEPERATE I-797 PETITIONS and full fees are due.

 

I looked at the USCIS instructions, various resources such as the VJ guides, etc. I could not find this requirement. I even called the USCIS hotline in adavnce.

 

Likewise knowing of the I-751 in advance I had my wife ask the Immigration Officer about it when the daughter came here. He told her that we file the petition for both at THE SAME TIME- wife on the front (meaning Part 1) and daughter on the back (meaning Part 5). He stated that the conditional conditions of the GC are based on the date of our marriage not when the date of arrival of the daughter.

 

Upon receiving rejection of the petition w/ both of them on it I called USCIS again. First two CSR's were clueless & useless. Took about an hour and two officer supervisiors further up the food chain to quote me the source of the requirement.

 

Had the original I-751 gone through it would have been $205 for the I-751 and $70 each for the biometrics.

 

I ended up paying $275 ($205 + $70 biometrics at THAT time) for the wife and $545 additional for the daughter due to the seperate I-751 and NEW FEES! Thinking about a couple at VJ that had 5 kids FTJ later

 

I recommend using a personal check to pay fees for a few reasons (W/ my Bank of America account online):

1) I knew when the check cleared my bank immediately and

2) made a copy of that check to find the case number written on the front.

 

Guess what? Got TWO seperate I-797 NOA's on 1/18/08 with daughters name BUTTWO DIFFERENT CASE NUMBERS (i.e., WAC08XXX00296 & WAC08XXX00304). Due to the check copy already in hand I was able to tell USCIS which was probably the correct one.

This method also saved my butt when I was living in CN and my I-130 NOA were returned by USPS as undeliverable.

Edited January 22, 2008 by Chinese Wife!!! (see edit history)

[DocMartin817]

Thanks David once again,

You are a little ahead of me but I will start planning for our removal in the near future and sending it in right at the ninety day mark. Your info is a great help -- especially having it all in one place.

[LeeFisher3]

David,

One item that is very obscure is when there is a child(ren) that enters the US more than 90 days AFTER the parent does- TWO SEPERATE I-797 PETITIONS and full fees are due.

 

I looked at the USCIS instructions, various resources such as the VJ guides, etc. I could not find this requirement. I even called the USCIS hotline in adavnce.

 

Likewise knowing of the I-751 in advance I had my wife ask the Immigration Officer about it when the daughter came here. He told her that we file the petition for both at THE SAME TIME- wife on the front (meaning Part 1) and daughter on the back (meaning Part 5). He stated that the conditional conditions of the GC are based on the date of our marriage not when the date of arrival of the daughter.

 

Upon receiving rejection of the petition w/ both of them on it I called USCIS again. First two CSR's were clueless & useless. Took about an hour and two officer supervisiors further up the food chain to quote me the source of the requirement.

 

Had the original I-751 gone through it would have been $205 for the I-751 and $70 each for the biometrics.

 

I ended up paying $275 ($205 + $70 biometrics at THAT time) for the wife and $545 additional for the daughter due to the seperate I-751 and NEW FEES! Thinking about a couple at VJ that had 5 kids FTJ later

 

I recommend using a personal check to pay fees for a few reasons (W/ my Bank of America account online):

1) I knew when the check cleared my bank immediately and

2) made a copy of that check to find the case number written on the front.

 

Guess what? Got TWO seperate I-797 NOA's on 1/18/08 with daughters name BUTTWO DIFFERENT CASE NUMBERS (i.e., WAC08XXX00296 & WAC08XXX00304). Due to the check copy already in hand I was able to tell USCIS which was probably the correct one.

This method also saved my butt when I was living in CN and my I-130 NOA were returned by USPS as undeliverable.

The information concerning dependents is burried in 8 CFR 216.4.

 

Sec. 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(a) Filing the petition -- (1) General procedures . Within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained permanent residence, the alien and the alien's spouse who filed the original immigrant visa petition or fiance/fiancee petition through which the alien obtained permanent residence must file a Petition to Remove the Conditions on Residence (Form I - 751) with the Service. The petition shall be filed within this time period regardless of the amount of physical presence which the alien has accumulat ed in the United States. Before Form I - 751 may be considered as properly filed, it must be accompanied by the fee required under ¡ì 103.7(B) of this chapter and by documentation as described in paragraph (a)(5) of this section, and it must be properly signed by the alien and the alien's spouse. If the joint petition cannot be filed due to the termination of the marriage through annulment, divorce, or the death of the petitioning spouse, or if the petitioning spouse refuses to join in the filing of the petition, the conditional permanent resident may apply for a waiver of the requirement to file the joint petition in accordance with the provisio ns of ¡ì 216.5 of this part. Upon receipt of a properly filed Form I-751, the alien's conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition. (Amended 5/23/94; 59 FR 26587 )

 

 

(2) Dependent children . Dependent children of a conditional permanent resident who acquired conditional permanent resident status concurrently with the parent may be included in the joint petition filed by the parent and the parent's petitioning spouse. A child shall be deemed to have acquired conditional residence status concurrently with the parent if the child's residence was acquired on the same date or within 90 days thereafter. Children who cannot be included in a joint petition filed by the parent and parent's petitioning spouse due to the child's not having acquired conditional resident status concurrently with the parent, the death of the parent, or other reasons may file a separate Petition to Remove the Conditions on Residence (Form I-751). (Amended 5/23/94; 59 FR 26587 )

 

I love to pay the additional $80 for biometrics for an 11 year old and then again when he turns 14 so they can take 10 prints.

[wulongtea]

Hi David,

 

Thanks for putting this together.

 

I'm just getting ready to put this together for us, and this is a real help!

[Cathy]

Isn't I-751 supposed to be a work primarily completed by the beneficiary, the Chinese spouse? So, the cover letter should address as 'my I-751 petition', not 'my wife's petition'?

Edited January 23, 2008 by Cathy (see edit history)

[LeeFisher3]

Isn't I-751 supposed to be a work primarily completed by the beneficiary, the Chinese spouse? So, the cover letter should address as 'my I-751 petition', not 'my wife's petition'?

It is a joint petition for removal of conditional status, so "our petition" would probably be most appropriate.

[NY-Viking]

David - Great post and very helpful.

 

One question, though, about the letters from friends. I know that all of the "supporting evidence" is all just a suggestion, and has to be tailored to each couple's individual circumstance to show their marriage is legit, but where did you find that the letters "Must include the person's name, date of birth, SSN, address, and phone" ?

 

I don't see the requirement for date of birth or SSN in any USCIS webpages; only that the person may be called on to authenticate it (so an address and phone are required). I intend to submit letters from friends that are notarized; I'd rather not have them list their SSNs, unless it's necessary, and I can't see anywhere that it is.

[Jeikun]

David - Great post and very helpful.

 

One question, though, about the letters from friends. I know that all of the "supporting evidence" is all just a suggestion, and has to be tailored to each couple's individual circumstance to show their marriage is legit, but where did you find that the letters "Must include the person's name, date of birth, SSN, address, and phone" ?

 

I don't see the requirement for date of birth or SSN in any USCIS webpages; only that the person may be called on to authenticate it (so an address and phone are required). I intend to submit letters from friends that are notarized; I'd rather not have them list their SSNs, unless it's necessary, and I can't see anywhere that it is.

 

 

I don't recall an SSN requirement either. The 2 affadavits from a family friend, and from my father I submitted didn't have that info and we were approved without interview.

[yuehan123]

The date of birth requirement comes, not from any USCIS web page, but from the I-751.pdf instructions link http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

at the bottom of the web page. After you open the .pdf look for the Section 'Evidence of Relationship' #5 on page 2. "...The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above...."

 

I sent my package Monday. I did not include the SSNs of my friends.

[david_dawei]

David - Great post and very helpful.

 

One question, though, about the letters from friends. I know that all of the "supporting evidence" is all just a suggestion, and has to be tailored to each couple's individual circumstance to show their marriage is legit, but where did you find that the letters "Must include the person's name, date of birth, SSN, address, and phone" ?

 

I don't see the requirement for date of birth or SSN in any USCIS webpages; only that the person may be called on to authenticate it (so an address and phone are required). I intend to submit letters from friends that are notarized; I'd rather not have them list their SSNs, unless it's necessary, and I can't see anywhere that it is.

oh hell...I just make it up as I go along

 

As john mentions.. the instructions do show the date of birth...

 

As for the SSN... well here's my explanation... reaching in pockets now...

 

I found this somewhere when I collected together all info possible but now I cannot find where I got that from.

 

Here is one line of reasoning that makes it a *consideration*:

The person writing the letter should be a USC or permanent resident.. why? I don't know.. that was in the same info but I didn't write that in the post..

 

By supplying a SSN, you are showing the person is [most likely] in the US legally...

 

But I agree that this should not be a sticking point... for those filing and for the Immigrant officer reviewing the letter

[yuehan123]

Well, I see it's not pinned. Too bad. This thread is worth it.