ROC - Ready to File ... but how many?

[screamneagle]

Well, its that time ... time to file for ROC for my wife and step daughter. My step daughter is now 23 years old and came to the United States at the same time as her mother. My wife came on a K-1 and my step daughter as a K-2. My wife and I were married 6 weeks after her arrival. The daughter was 6 months from turning 21 when she arrived in the States with her mother and received her 2 year Green Card before aging out. My question is this ... does my step daughter's age have anything to do with the filing of the I-751? I have my wife's I-751 ready to go. On Part 5 - Information About Your Children, I have listed my step daughter, her Date of Birth, and her "A" number and "Yes" ... Living with me. Do I just file the one I-751 for BOTH my wife and daughter with one submission fee and 2 biometric fees or does my step daughter need her own I-751 with a SECOND submission and biometric fee? Their 2 year Green Cards will expire at the end of June. Any advice would be helpful and very much appreciated.

[dnoblett]

They should be on same I-751, only time a step child would file separately would be if they came to the USA and received green-card more than 90 days after parent.

 

Only thing I see in the instructions is the phrase "Dependent Children" At age 23 is step child still considered a dependent? That may be a question you may need to ask USCIS either in person or in an info pass.

 

Or you could always file the single I-751 for both and let USCIS process, worse case they send it back to you requesting two I-751 applications. I would file this at 90 days prior to green-card expiration so that you have time to refile if they have a problem with you filing one I-751 for parent and step child.

[screamneagle]

As ALWAYS ... Thanks Dan! So go with the 2 biometric fees?

[dnoblett]

As ALWAYS ... Thanks Dan! So go with the 2 biometric fees?

Yep, two BIO fees.

[screamneagle]

Thanks again, Dan! I'll let you know how I make out.

[tsap seui]

Screamin' Eagle, how the heck you doing buddy?

 

I hope the ROC goes smoothly for your wife and step daughter.

 

Damn good to see you post.

 

tsap seui

[screamneagle]

Yo Tsap:

 

I've been up to my neck in aligators! Getting ready to cross swords with the VA again to reenstate 100%! Going in fully loaded this time with a blood sucking lawyer! Getting this whole ROC thing together and filling it with as much purtenant stuff as possible. Your's should be coming up soon ... right? Let me know if I can help you in any way. We still need to get together! In the mean time ... watch your 6 and remember which side faces the enemy.

 

Rich

[tsap seui]

Dang Rich, I had no clue you had an issue with the VA. Good luck with that buddy.

 

I'll have to go over to the VBN website and type in ROC and see what's up. Even though I was given 100%P&T with no future exams just before Christmas 2011 I do realize that the no future exams bit is a crock and could happen at any time. I make all my shrink meetings and group PTSD meetings and my heart is static, gonna be hard for me to get better from that.

 

I'll look up your number and give you a call. I hope all goes well with those 10 year cards for the girls (I didn't know what to tell you to answer your question about that).

 

Take care man, you are one of the nicest and most caring people I ever met in my life.

 

tsap seui

[dnoblett]

Yo Tsap:

 

I've been up to my neck in aligators! Getting ready to cross swords with the VA again to reenstate 100%! Going in fully loaded this time with a blood sucking lawyer! Getting this whole ROC thing together and filling it with as much purtenant stuff as possible. Your's should be coming up soon ... right? Let me know if I can help you in any way. We still need to get together! In the mean time ... watch your 6 and remember which side faces the enemy.

 

Rich

No ROC for Tasp, their spouse visa too so long that by time wife finally got visa and entered the USA they were married longer than 2 years, so got the 10 year unconditional card as a result.

[screamneagle]

Well, here is an update ... both my wife and step daughter have received their extension letters and notification for biometrics which are scheduled for the end of this month. I am assuming that since they have their appointment letters in hand, that the one I-751 application with one application fee and 2 biometric fees was the proper proceedure to follow. My question is this ... does the issuance of the biometric appointment letter mean that the documention submitted with the I-751 was acceptable to USCIS or is it still possible to get an RFE somewhere along the line AFTER the biometics are taken? When is it safe to assume that an RFE is not forthcoming and that the I-751application was successful ... then just a matter of waiting for it to arrive??

[dnoblett]

Well, here is an update ... both my wife and step daughter have received their extension letters and notification for biometrics which are scheduled for the end of this month. I am assuming that since they have their appointment letters in hand, that the one I-751 application with one application fee and 2 biometric fees was the proper proceedure to follow. My question is this ... does the issuance of the biometric appointment letter mean that the documention submitted with the I-751 was acceptable to USCIS or is it still possible to get an RFE somewhere along the line AFTER the biometics are taken? When is it safe to assume that an RFE is not forthcoming and that the I-751application was successful ... then just a matter of waiting for it to arrive??

Extension letter just means they received the application, you can always get interviewed or an RFE for more evidence if the adjudicator at USCIS decides not enough evidence was provided.

[Randy W]

Well, here is an update ... both my wife and step daughter have received their extension letters and notification for biometrics which are scheduled for the end of this month. I am assuming that since they have their appointment letters in hand, that the one I-751 application with one application fee and 2 biometric fees was the proper proceedure to follow. My question is this ... does the issuance of the biometric appointment letter mean that the documention submitted with the I-751 was acceptable to USCIS or is it still possible to get an RFE somewhere along the line AFTER the biometics are taken? When is it safe to assume that an RFE is not forthcoming and that the I-751application was successful ... then just a matter of waiting for it to arrive??

 

 

You'll know you're home free when they have the card in hand. There is ALWAYS the possibility, however slight, of a new investigation into something. The biometrics is simply a step along the way, and provides no indication of anything behind the scenes, other than that your application didn't bounce.

Edited May 15, 2013 by Randy W
Sp. (see edit history)

[screamneagle]

Randy:

 

Good to know. Thanks, buddy! We'll wait and see how it turns out and then I'll post the outcome. I do agree that you can't feel secure until the cards are in hand ... whenever that may be1

[Randy W]

Randy:

 

Good to know. Thanks, buddy! We'll wait and see how it turns out and then I'll post the outcome. I do agree that you can't feel secure until the cards are in hand ... whenever that may be1

 

 

In Jiaying's case, it was more than 2 years after she passed her interview that she finally received her 10 year card. That delay had the net effect of saving us the bother of applying to remove conditions.