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I-751 information


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Hi guys,

 

Well, I'm in the middle of the Removal of Conditions for Rose and Kerry. The USCIS sent the package back, as I had used the wrong version of the I-751 form ( dated 11/23/15, Expiring on 11/30/2017)

Dumb Mistake... :headbang:

 

But the returned package had a letter stating for me to use the I-751 form dated 12/23/2016. That form is no longer available on the USCIS website to download. They have a new version dated 12/05/2017 that becomes mandatory to use beginning February of 2018.

 

i called the USCIS and spoke to them about this. After several conferences with supervisors, they agreed that even though the letter told me to use the earlier dated version, it is ok to use the one dated 12/05/2017.

 

I just wanted to pass that along to folks.

 

Now for the fun part.

 

In filling out the new form, in section 7, the instructions aren't the most clear. It tells you to select 1a or 1b (1a - Rose can read and understand every question on her own. 1b-She has an interpreter listed later in the doc that read them all to her)

 

Then #2 is that she has requested the services of someone else (me) to prepare the petition for her. So the question is, do I check 1b, and then also check #2? Or do I just check #2?

 

Additionally, the new form allows me to check what I want, but won't allow me to write my name in on #1 or #2 like the older form did. It is an auto-fill PDF form....any ideas of how I can get around that to put my name in there as the person that either was interpreter or person who filled out the form?

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Services of someone else typically means a lawyer, a spouse filling out the forms is not considered services of someone else.

 

If no interpreter was needed and not needed at a possible interview then don't bother with that section.

 

I would leave it unchecked.

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Thanks Dan,

 

Ok then...should I then list myself as the interpreter? (1b) There is no way that Rose could fill out these forms,or understand them in English. But there's also no way I could be a true interpreter without my smart phone.

 

#2 says:

I have requested the services of and consented to (insert name here) who (check one) IS, or IS NOT and attorney or accredited representative, preparing this petition for me. This person who assisted me in preparing my petition has reviewed the Acknowledgement of Appointment at USCIS Application Center with me, and I understand the ASC acknowledgement.

 

That looked to me to be the closest to the truth. I've filled out the forms and explained them to her. But part of that explanation was with using google translate. My Mandarin is good enough for everyday use, but we still use google translate sometimes for finer points or for things I don't know how to say. If I had to act as interpreter in a interview, then I'd have to use my phone to do it, I'm afraid. that's why I'm a bit worried about which one to check off on.

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Here's my take on this, I have seen cases where an interview comes up to remove conditions, and they don't allow a spouse to act as an interpreter at the interview, that section is reserved for a third party interpreter, a spouse is not a third party.

And my take on the "using someone else to prepare the I-751", it is understood that a spouse may have filled out the form, they are asking there is a legal aid or lawyer prepared this, not a spouse, the I-751 is a JOINT filing meaning either spouse can prepare this.

 

When you prepare your joint tax return yourself, do you fill in the part about who prepared it? No, that's reserved for a tax preparer.

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  • 3 weeks later...

Again, thanks for the advice, Dan.

Rose and Kerry just got their NOA letters this weekend, so their green cards are extended for another year.

Now the wait begins for the USCIS to get through the paperwork. I sent my paperwork to the California Service center....estimates are that it will take them about 13-14 months to get through it, so I may need to get an InfoPass appointment around the end of the year to cover the gap....but that is then, and this is now. So far, all is well :victory:

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