I-751 delayed

[hello123]

Hello everyone,

 

Sorry, I haven't posted here in a while. Well, things are moving pretty well since my wife came over on the K-1 visa. We were married (two times..haha) and my wife has just recently graduated with a teaching certificate for early childhood for Montessori schools, ages 3-6 years old. I am very proud of here because it was not easy! She has found a job as a teaching assistant which starts in August.

 

Also, we just celebrated the birth of our first child. We had a boy on June 6th!

 

Now, I am trying to deal with being the primary support person for my wife and the child for the first month. I am sure others here know about the 1 month rest for Chinese mothers concept. None of her family is able to visit at this time and most of my family live a few hours away. It's not the easiest thing to do but I am getting better

 

Actually, I did have a question too. Our original I-751 change of status was NOT approved even though we gave them as much as I could. I followed the suggestions from CFL and was surprised that it was not approved! So now I am about to mail out additional evidence which will include a birth certificate.

 

My idea is that we only add some additional content such as the birth certificate, bills with shared accounts, pictures, etc. and the government will add it to our file.

My wife feels we need to submit the same documents as last time (copies of them) in addition to the new documents. I think that is over-kill

 

Any thoughts? Has others here been denied AOS after the two year card expired?

[dnoblett]

Where you interviewed, the only way an I-751 is denied is if interviewed and the immigrations officer feels that you do not have a genuine marital relationship, or you filed the I-751 more than a month after the CR-Green-Card expired.

 

An RFE is not a denial, it is simply a request for something, what does the request letter indicate?

 

Typically they will request something like a copy of a joint tax return, or additional marital evidence.

 

If child was born after I-751 was filed, then I would simply prepare a new I-751 form with child listed in the lower section and attach a photo copy of child's birth cert, along with what was specified in the RFE letter, you don't send an entire application again.

 

Note there is no adjusting status (AOS) current status is still Lawful Permanent Resident or "immigrant" you are simply removing conditions.

 

AOS = Filing an I-485

ROC or Removal of Conditions = Filing an I-751

[hello123]

Hi Dnoblett, thanks for the clarification.

 

No interview, they have not asked. We got a blue sheet requesting evidence. The second page asks for a list of items such as Identity documents, Evidence of good faith marriage which includes - birth certificate, financial records, residence evidence.

The second page seems kinda generic and asks for things we already gave (except for the birth certificate).

 

In the original I-751 I sent

-copy of permanent resident card

-copy of marriage license

-three original letters from U.S. citizens supporting our marriage

-copy of 401k where my wife is listed as beneficiary

-copy of 2 years tax transcripts where we filed jointly

-copy of medical insurance card where my wife is a dependent

-letter from local bank verifying joint checking account

-2 months of energy bills where she is a joint account holder

-copy of many photos of ourselves with friends/family.

 

It seems the only thing I can add is the birth certificate, drivers license, more energy bills....not sure what else I have.

[dnoblett]

Birth of a child together is a BIG one, I would include a copy of birth cert.

Copies of DL

Copies of School Bills, you said wife got a teaching cert.

Copy of teaching cert...

Copies of pictures together at various places and events.

Copies of receipts from trips together...

[Randy W]

Hi Dnoblett, thanks for the clarification.

 

No interview, they have not asked. We got a blue sheet requesting evidence. The second page asks for a list of items such as Identity documents, Evidence of good faith marriage which includes - birth certificate, financial records, residence evidence.

The second page seems kinda generic and asks for things we already gave (except for the birth certificate).

 

In the original I-751 I sent

-copy of permanent resident card

-copy of marriage license

-three original letters from U.S. citizens supporting our marriage

-copy of 401k where my wife is listed as beneficiary

-copy of 2 years tax transcripts where we filed jointly

-copy of medical insurance card where my wife is a dependent

-letter from local bank verifying joint checking account

-2 months of energy bills where she is a joint account holder

-copy of many photos of ourselves with friends/family.

 

It seems the only thing I can add is the birth certificate, drivers license, more energy bills....not sure what else I have.

 

 

Just to clarify - Blue is NOT a denial. Blue is simply the color of the slip that the consulate in Guangzhou uses when a visa is not awarded.

 

The USCIS does not follow the same convention (although for all I know, RFE slips could be blue) - what matters is what is said on the slip - your case is very much still alive. Try to look more closely for SPECIFIC requests.

[Mike and Yan]

Yesterday I submitted the I-751 for my wife for removal of condition on her CR-1.

I sent it to Vermont.

 

Who did you send to and how long did it take for them to respond?

[hello123]

We sent it to the California office.

 

I think we originally sent out the form in Feb. and got the blue (physically blue colored sheet) return in May with the requests for more evidence.

 

We knew we were expecting so we wanted to wait before sending it back. We are required to send it back by July 25th. I think we will be fine with the birth certificate. I was just surprised that we still are required to go through this next step. I wonder what people who don't have a child need to do? (just thinking out loud)

[hello123]

Update:

 

I sent in what we had (birth certificate, copy of drivers license and more utility bills that had both our names on it) and about 2 weeks later her green card arrived! So now we should not have to think about it until 2021 unless she decides to become a citizen. I am thankful that everything worked out.

 

Thanks for all the help!

[bobbyA]

Update:

 

I sent in what we had (birth certificate, copy of drivers license and more utility bills that had both our names on it) and about 2 weeks later her green card arrived! So now we should not have to think about it until 2021 unless she decides to become a citizen. I am thankful that everything worked out.

 

Thanks for all the help!

 

Thanks for the update. This will be good reference of us in the future.