New procedures for I-751

[yemmie]

Help!!! I just sent in our joint petition for removal of conditions (we werre originally a K1/K2, got Conditional residence in April 2009) last week-end. I had been checking the USCIS site periodically to make sure none of the fees had gone up again.I paid $505 I751 fee + $85 for wife and son biometrics for a total of $675.00. I thought all was well, but then decided to go to the USCIS site again this morning just to make doubly sure. When I got there, I saw this:

 

Who May File Form I751

If you are still married, file Form I751 jointly with your U.S. citizen or permanent resident spouse through whom you obtained your conditional permanent status. If you have dependent children on a K-2 visa who obtained their conditional permanent status when you did and they entered the United States within 90-days of your arrival, then you can include their names and A-numbers in Part 5 of your petition form. If the children obtained their conditional status 90 days after you obtained or adjusted your status or if the conditional permanent parent dies, they have to file Form I751 separately in order to remove their conditional status.

 

In case you, the conditional permanent resident, do not file jointly, you may apply for a waiver if:

 

 

 

You can show that you entered the marriage with honesty and good intentions, but your spouse subsequently died;

 

You can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment;

 

You can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or

 

The termination of your status and removal would result in extreme hardship.

 

In cases when you are asking for a waiver, proof to support your request will be very important. For example, a copy of you divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died.

 

 

 

What Should You Include in Your Application to Remove the Conditions of Residence?

A complete application package is important to ensure approval of your petition form I751 by the USCIS.

 

The following should be included in your package:

 

 

 

A completed and signed Form I751

 

A copy, front and back, of your Conditional Green Card

 

Two passport-style photos for you and any children applying with you.

 

Two completed fingerprint cards (Form FD-258) for you and any children applying with you.

 

Evidence showing that the marriage is a bonafide one and that it was entered in honesty and in ¡°good faith¡±. This can include but is not limited to the following: birth certificates of children born to the marriage, lease or mortgage contracts showing joint occupancy, financial records showing joint ownership of assets, sworn statements from 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.

 

Include the Filing Fee.

 

Once the application is received by the USCIS, permanent residence is extended for 1-year intervals until the request to remove conditions is approved or denied.

 

This is a new procedure for filing on line. Now, I am worried because 1. we did not file on line and 2. we did not include any passport photos because none were mentioned in the instructions on the I-751 form, as well as all the other information that I gleened from this site and elsewhere. 3. I did not include fingerprint cards because, under the old system, they were supposed to tell us when to go get the biometrics done. But, as I said before, I did pay the biometric fees.

 

Have I screwed up, or am I not understanding theis correctly?

[dnoblett]

You did correct, no worrys.

 

Passport photo and fingerprint card is only needed if filing this while overseas as in working for US government like military service. This is for cases where no Biometric service office is available as in overseas.

 

This is actually explained in the directions.

[yemmie]

You did correct, no worrys.

 

Passport photo and fingerprint card is only needed if filing this while overseas as in working for US government like military service. This is for cases where no Biometric service office is available as in overseas.

 

This is actually explained in the directions.

 

Thank you thank you thank you!!! I guess I got so freaked that I could not read the instructions. I worked on the papers for Removal of Conditions for over a year, really almost 2 years. I read extensively at the beginning, less so later on, very little toward the end, though I would skim material again from time to time. Anyway, if I read that in the instructions before, my feeble old brain forgot it. I did try to make the package as near perfect as possible, reading it again and again, adding new pieces of evidence whenever I thought of something that might help. You have reassured me that I did not ruin the whole thing by doing something stupid. Again, thank you.