I-751: Removal of Conditions

[david_dawei]

Lilac,

 

1. I'm not sure how you can use one I-751 for two people... since the I-751 is time sensitive (if your late, you simply lose your GC), I would call USCIS and ask them about how you file and the NOA1 notice. If you only filed one, you'll only get one NOA1... but I think you should be filing two packages.

 

2. If a biometric is scheduled, you should be able to call and get it set for later... but call USCIS about all this.

[Randy W]

Lilac,

 

1. I'm not sure how you can use one I-751 for two people... since the I-751 is time sensitive (if your late, you simply lose your GC), I would call USCIS and ask them about how you file and the NOA1 notice. If you only filed one, you'll only get one NOA1... but I think you should be filing two packages.

 

2. If a biometric is scheduled, you should be able to call and get it set for later... but call USCIS about all this.

 

 

Dependents (who are also filing to remove conditions) are listed under part V of the I-751. A separate biometrics fee must be paid for each applicant.

 

If you take the I-797C form to the ASC, they will keep it and mail you a new one with a re-scheduled date. You can also mail it. The I-797C gives both the ASC address, and the address to mail it to. In our case, they were the same address.

 

Others have done this, so someone should be able to tell you what you should see on the application receipt - they need to be extending both green cards.

Edited June 22, 2008 by Randy W (see edit history)

[ameriken]

Great thread 'Wiki-Davia'. Jie has her removal of conditions coming up in Nov, so we are applying in August, and i was looking for such info.

[ameriken]

Are the letters from friends optional as evidence or necessary?

[Katrina]

They are necessary. It is listed on the I-751 instruction page. They are listed on the second page of the instructions where it says "Evidence of Relationship."

 

 

Point 5--"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. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) 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."

[warpedbored]

They are necessary. It is listed on the I-751 instruction page. They are listed on the second page of the instructions where it says "Evidence of Relationship."

 

 

Point 5--"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. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) 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."

Actually they are not required. You may submit as many documents as you wish. It is one of the documents that they suggest. We included them but didn't bother with having them notarized.

[Guest lilac6451]

Thank you, David and Randy. I called the USCIS today. Randy is right. They did process my daughter's case too, but because we only sent in one form, they can only give us one reply. she will be scheduled for biometric for the permanent greencard, I feel much relief now.

 

 

I use your cover letters,David, which are very handy. We got all the info from you when my husband and I filled my two year green card. They save me tons of trouble, time and worry.

 

Thanks again

[ameriken]

Thanks for the replies Carl and Katrina!

[david_dawei]

I've heard mixed comments about the letters... like Carl, I submitted [two] but one was not notarized... I would try and submit some as a best practice.

[izus]

so if she gets her green card for the first time after our second anniversary the I175 can be omited?

[Randy W]

so if she gets her green card for the first time after our second anniversary the I175 can be omited?

 

 

Hey, you're there, Bill! Congratulations! Yes she'll get an unconditional green card, good for 10 years.

[david_dawei]

so if she gets her green card for the first time after our second anniversary the I175 can be omited?

so your saying you never filed after getting married?

 

edited: Just realized... your talking about the proverbial security background check delay..

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

[ed mac]

My cover letter for K1:

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

 

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#]

[ed mac]

My cover letter for K1:

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

 

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#]

 

 

Hello DAVID,

 

Thanks so much to you and everybody else on here for your great help.

 

I wanted to make for sure I understood the name part on here. You have to put on the check the "chinese national name" and then the bottom of the cover letter looks like it says the same thing. I basically copied your letter, but I used my wifes name with my last name. Her chinese name is Yilan WANG and her name we go by here is Yilan REED. I have the I-751 all done with all the supporting documents and was ready to mail it off, but now I am getting a little confused about the name to use on the cover letter and I made a nice label for the folder all the paperwork is in as well, but I used Yilan REED on everything and that is what is on her permanent resident card.

 

Can anyone give me the correct name usage?

 

Thanks

Ed

[david_dawei]

Hi Ed,

 

good point to raise... my wife didn't change her chinese family name... so my guidance on the cover followed that fact; for you, I would agree to follow what is on her greencard.