I-751 Question

[steveandrong]

As I stated in my previous question, Rong has two children. One is 13 y.o. and the other is 20 y.o. When I filed for the conditional green card, I had made an error on the childrens applications and therefore recieved their green cards later than their mothers. Not a big difference though, Mothers expires next month on the 12th and the childrens expire Dec. 28th. My question is, because they all fall within the 90 period, can they all be applied for on one application? Also, is there any problem with the age of the elder child as to filing together with her Mother? I looked over the instructions for the I-751 but could not find where it differentiates as to what is considered a child or adult (18 y.o. or 21 y.o.).

[dnoblett]

Form I-751 Instructions:

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-751Child.png

 

Simply note any accompanying children on the I-751, and include additional bio fees for them, $85 each, and attach a photo copy of their green-cards, front and back.

 

It does say "dependent" children, were they claimed as dependents on your IRS return this past year? Or did they file a return as independent? Are they in same household?

 

If no longer a dependent, then it looks like they may have to file a separate I-751.

[steveandrong]

Form I-751 Instructions:

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-751Child.png

 

Simply note any accompanying children on the I-751, and include additional bio fees for them, $85 each, and attach a photo copy of their green-cards, front and back.

 

It does say "dependent" children, were they claimed as dependents on your IRS return this past year? Or did they file a return as independent? Are they in same household?

 

If no longer a dependent, then it looks like they may have to file a separate I-751.

Crystal clear Dan....Thanks for the clarification

[Randy W]

As I stated in my previous question, Rong has two children. One is 13 y.o. and the other is 20 y.o. When I filed for the conditional green card, I had made an error on the childrens applications and therefore recieved their green cards later than their mothers. Not a big difference though, Mothers expires next month on the 12th and the childrens expire Dec. 28th. My question is, because they all fall within the 90 period, can they all be applied for on one application? Also, is there any problem with the age of the elder child as to filing together with her Mother? I looked over the instructions for the I-751 but could not find where it differentiates as to what is considered a child or adult (18 y.o. or 21 y.o.).

 

 

What you are facing is a deadline to apply for the removal of conditions on your wife's card. This deadline is Nov 12.

 

The children's cards could have been applied for as early as Sept. 28 or 90 days before Dec 28. So you have an overlap during which all can be filed together. This overlap began on Sept. 28, and expires on Nov 12.

 

The children are children of their mother, regardless of age, and may be included as such on her application.

[Randy W]

There is this caveat, if the daughters need to be able to provide evidence of legal presence

By filing a separate Form I-751, each conditional permanent resident will obtain a fee receipt that documents the extension of conditional permanent resident status for one year.

 

If you file only one I-751, you will only get one fee receipt.

[dnoblett]

There is this caveat, if the daughters need to be able to provide evidence of legal presence

By filing a separate Form I-751, each conditional permanent resident will obtain a fee receipt that documents the extension of conditional permanent resident status for one year.

 

If you file only one I-751, you will only get one fee receipt.

An option is if the ASC is located with their field office, bring passports, when doing biometrics and get an I-551 stamp placed in them, then the passport will serve as evidence of legal presence.

 

Other option is to schedule an info pass appointment, and get the I-551 stamps.

[steveandrong]

There is this caveat, if the daughters need to be able to provide evidence of legal presence

By filing a separate Form I-751, each conditional permanent resident will obtain a fee receipt that documents the extension of conditional permanent resident status for one year.

 

If you file only one I-751, you will only get one fee receipt.

so?....am I better off to file each separately so I can get a receipt for each, or to file all jointly? They will all recieve their ten year green card eventually...right? What you are saying is if they need to soon provide legal, then i should file sepately....Right?

[steveandrong]

There is this caveat, if the daughters need to be able to provide evidence of legal presence

By filing a separate Form I-751, each conditional permanent resident will obtain a fee receipt that documents the extension of conditional permanent resident status for one year.

 

If you file only one I-751, you will only get one fee receipt.

An option is if the ASC is located with their field office, bring passports, when doing biometrics and get an I-551 stamp placed in them, then the passport will serve as evidence of legal presence.

 

Other option is to schedule an info pass appointment, and get the I-551 stamps.

And what you are saying is, it is best to file jointly but if we need to prove the legal prescence soon, then I should get the infopass appt to get the I-551 stamps....right?

[Randy W]

You've got it - Dan's idea about the I-551 stamp would appear to be a good one (if needed) and a lot cheaper - you CAN get separate receipts only by filing separately.

 

YOU know if that's necessary or not - we don't. Do they ever need to demonstrate legal presence, for school, driver's license, any other reason?

Edited October 29, 2011 by Randy W (see edit history)

[dnoblett]

Best to file jointly, I see no reason why to give the gov more hard earned money.

 

Another thing to do is go to SSA office and replace any SSN cards that have "valid with dhs auth" notations with ones that do not.

 

For example if for any reason need to take job while waiting for ROC approval, a state ID and unrestricted SSN card works for the work auth.

 

Only legal pres evidence is needed when applying for college, dl, and work, as well as re entry from trips abroad.

[steveandrong]

Best to file jointly, I see no reason why to give the gov more hard earned money.

 

Another thing to do is go to SSA office and replace any SSN cards that have "valid with dhs auth" notations with ones that do not.

 

For example if for any reason need to take job while waiting for ROC approval, a state ID and unrestricted SSN card works for the work auth.

 

Only legal pres evidence is needed when applying for college, dl, and work, as well as re entry from trips abroad.

Daughter is going to college now, but I am sure we have her registered and paid up before her card expires...and I don't see the daughter getting her drivers liscence any time soon, so will follow your advise Dan and apply jointly....seems the best way to go.

Edited November 1, 2011 by steveandrong (see edit history)