I-751 Removal of Conditions

[Vaughn]

  We were recently approved for Removal of Conditions - no interview. We'll visit the local USCIS office Tuesday (no appointment necessary) with passports and new photos. Sounds too easy to be true - are we really
going to get 10 years off for good behavior?

Vaughn

[Son of Clyde]

Congratulations Vaughn, you have earned the time off.

[catzenmouse]

Vau-Gun!

 I'll add our congradulations to you and Elvira! It's a mysterious creature that USCIS isn't it?

Elena & Ken

P. S. Good talking to you again Saturday! Just about a month from now we'll both be jet-lagged and happy to be in Mother Russia again! 

[Vaughn]

you have earned the time off.

Clyde, thanks but not quite yet. We blew it - believed the NOA. There
was an appointment required by the local office. We'll
grace the morons with our presence again next week.

It's a mysterious creature that USCIS isn't it?

Even unto themselves, Ken.

[rose]

Congratulations!!!
Honestly, I can't believe it!!!
I'm waiting to remove the conditions for already more than 4 years, and when we wnet to the interview and presented all docs, he still wanted more... All in all last time I brought, if I'm not mistaken 4 pounds of papers, and still waiting...

Maybe I need to sue them? Hm...

[Vaughn]

Just as a followup:  we returned to USCIS on 16 May - turned in the old green cards, 3 photos each and got their passports stamped. Lo and behold, the new 10 year green cards arrived in the mail on 28 May - just 12 days' time.

Rose, maybe they're overwhelmed with the volume of paper you submitted?

Vaughn

[Son of Clyde]

Congratulations I am glad the morons got it right this time.

I have one question. If a woman files for US Citizenship during the time she has the 10 year green card does it eventually make the green card null and void? Will she then be a US citizen who will never have to deal with USCIS again?

[Michelangelo]

Conditiions?  What conditions?

I have a question from my bride to be.  Let's say she comes to the US on a K-1.  We get married.

How long before she will be able to return home to visit family?

And would the rules for DCF  or K-3 be any differnet?

[catzenmouse]

You'll have to file for an Advance Parole (can be done concurrenty with the AOS). Can take a few months or in our case a few months for Elena and over a year to get Sergei one.

http://www.uscis.gov/graphics/formsfee/forms/i-131.htm

 Don't forget all the IMBRA $h!t going on too as that could change all the rules and timelines.

Ken

[Son of Clyde]

Michaelangelo,

The I-131 was the first thing USCIS processed and it took 4 - 6 weeks.

The AP will be good for a year and you will receive two documents. I have not read them thoroughly to determine if they are for multiple trips or whether one is for departure and the second for re-entry.

Ken, can you clear this up?

[catzenmouse]

SoC,

 It was USCIS doing their best to be USCIS.

 They basically lost or blew off the first app we sent for Sergei. We waited, we called, we called again, ditto a few more time before we got someone to tell us that they did not have it on file that we had sent it. We re-filed this for him again in December, waited, waited some more, never received the letter that they got the AP (we did get the letter for the receipt of the AOS), made an InfoPass appointment and the next day they sent us an appointment for his fingerprints for the week after the InfoPass appointment which we went to and they told us there was nothing they could do about it except send them an e-mail asking about the status (we were scheduled to leave for Russia in 6 weeks at that time) but they were nice enough to do the fingerprints while we were there so we did not have to come back the next week for that appointment (two hour drive each way for us) and two weeks later we got the AP. Don't know if it was the e-mail they sent or if it was just that they finally got off their @sses and did it.

 Having our lives and futures in the hands of these people makes me completely frustrated and fed-up and pushes me one step at a time out the door (so to speak) of living here.

Ken

[Michelangelo]

Thanks SOC and Ken...but yuk!  Looks like trying times are ahead.

But maybe Vik will not be so eager to go home when she gets here?  Let's hope not.   

But for now I'll tell her it's possible and give her the most optimistic timeline :-)

[jb]

I have one question. If a woman files for US Citizenship during the time she has the 10 year green card does it eventually make the green card null and void? Will she then be a US citizen who will never have to deal with USCIS again?

Your wife will be able to file the Application for Naturalization, N-400, ( http://www.uscis.gov/graphics/formsfee/forms/n-400.htm  and  http://www.uscis.gov/graphics/formsfee/forms/files/n-400ins.pdf ) after she has been a Lawful Permament Resident, 10 year GC, and living with you, for 3 years. (actually time for filing is 2 years and 9 months). If for any reason you seperate, then she must wait 5 years.

The fee for this filing is the grand daddy of them all, $330.00 + $70.00 for more biometrics, for a total of $400.00.  There is also an interview and test associated with this form filing, so she will have to work on her English skills and study up on the U.S. Constitution. 

If approved and forwarded, she will be notified where to go for the swearing in ceremony.  After she has completed all that she will be eligible to buy the "Blue" passport, and never has to deal with the BCIS again.

So there is a light at the end of the tunnel after all.

[Son of Clyde]

I am wondering if some immigrants who are not married to US citizens have to go through this process alone. Like someone here on a work visa and the company they work for wanting to renew the work contract indefinitely. It is confusing enough for one who knows the language. The constant demands imposed by USCIS-DHS could be impoosible for someone not knowing our language. Fortunately, the employer can usually help with the paperwork. 

[Michelangelo]

Thanks JB--very useful and helpful information.

[jb]

I am wondering if some immigrants who are not married to US citizens have to go through this process alone. Like someone here on a work visa and the company they work for wanting to renew the work contract indefinitely. It is confusing enough for one who knows the language. The constant demands imposed by USCIS-DHS could be impoosible for someone not knowing our language. Fortunately, the employer can usually help with the paperwork.

Clyde,

You are not thinking clearly, the H1-B visa is good for 3 years and is re-newable once, for a total of 6 years, that's the typical "work visa" which most often leads to a GC and citizenship.  Temp workers are not eligible for a path towards a GC.  The person which holds such a visa is going to already be completely fluent in English and will probably hold a couple of advanced degrees is some pretty good field.  Exceptions to this will be celebrities and professional sports figures, movie stars, ballet dancers, tennis players, etc.  This H-1B potential immigrant will also have the employer's or agent's attorney working hand-in-hand with the BCIS if he/she wants to pursue a GC based upon achievement.  It ain't hard, all it takes is money.

[Son of Clyde]

I understand jb, 

I have a friend from Greece who has a PHD, studied at YALE and is a chemist. He has been here for well over 6 years, owns a house and is married to an American woman who is a MD. They are doing well and I think he will be staying in the US.

[Jumper]

Micheal-
If you DCF from Ukraine the rules are different.
it is not a k3-
some countries do not have the abilty to do Direcrt Cobsultre Filing (like Russia)
the K3 is a temp visa issued to allow your alien relative to joiin you while awaiting the long stateside approval process of the *Petition for alien* relative

a DCF-
it is you directly filing the petition for alien relative with the overseas US counsulate for that country..
the paper work is handled at that US consulate , not in the USA.
so in these situations:
on a DCF approval of petition of alien relative-
(yes she will attend an interview)
your wife lands stateside on an already approved Petition!

her green card is issued normally within the week,
 along with her SS card.
her travel priviliges are IMMEADIATLY  the same as anyone with a provisional green card.
she just needs to have it, and her forign international pasport with her.
travel home is not a problem or concern.


after two years ,you will need to file for AOS I-751
this changes her 2 year provisional GC, to a 10 permanent GC.
 
The provision part , is that it was issued on the condition she is your relative!
If after two years , you are still a married couple, she is still your relative you are filing the 751 to remove those provisions.

if you are no longer married, she can still file in many ways to get her 10 permanent GC, and trust me to follow thier rules takes longer than
if she scam married yiou, and filed herself in the first week..
ridiculas as thew whole idea of thew preovisional 2 year GC is to prevent this..
the whole structure of the BCIS is insane..but thats life.

with the rules that are in place,
 it is far easier and MUCH faster process ,(perhaps 5 or 6 months)
to get a permanent green card
if you LEAVE your spouse and file harsdship.

than if you stay married the two years and go thru the normal process..

that wouldnt be so exsasperating,
if it wasnt for the fact that the whole intent of the provisional 2 year GC ,and the rules associuted with it, was to prevent  that!
 
welcome to the insanity that is USCIS

:::rant off:::: lol

BTW- your fiancee is from my wife's home city..

[Jet]

But maybe Vik will not be so eager to go home when she gets here?  Let's hope not.   

But for now I'll tell her it's possible and give her the most optimistic timeline :-)

The I-131 Advance Parole Doc. is good for multiple entries for 1 calender year (however you may need to educate passport control about this as we had to at IAD [Dulles], as not all agents understand this document  ). As Clyde said, it is 2 pages and can be stamped as many times as she enters the country during that year.

I would however, suggest that you DO NOT give her the "most optimistic timeline"! Because as I'm sure some of the other married guys can also attest....Once it goes 1 day beyond what you told her, the fact that the document is not in her hand becomes automatically ALL YOUR FAULT!  If I had it all to do over again, I would have told Liliya "probably a year before you can travel home" instead of foolishly quoting double the USCIS published timeframe  .

One other thing you should know is that they DO process requests for EMERGENCY AP almost immediately, BUT the USCIS definition of emergency is death of an immediate family member, and anything short of that does not qualify.

[Jet]

And would the rules for DCF  or K-3 be any differnet?

AJ gave you a good overview of DCF. K-3 is different than K-1 in that it is a 2 year multi entry visa (which means she can come and go as she pleases whilst on the visa). It is THE SAME as a K-1, in that, once she files to adjust status to a permanant resident, she is classified as "pending adjustment" and is no longer considered a K-3 visa holder, and therefore requires AP to re-enter the country.

When you fill out the application it asks for information regarding how you qualify and the reason for your trip. You don't need to overthink this, here is one of the statements we attached to one of Lil's prior AP applications (which was successful  ):

I-131 Part 7 - qualifications and circumstances

I qualify for Advance parole by virtue of having filed for Adjustment of Status after arriving on a K-1 visa and becoming legally married within the alloted 90 day period immediately following my arrival on August 21, 2003.

I am requesting Advance parole so that I may return to the Russian Federation and bring my child who is a "following to join" K-2 visa holder, age 4, to America before the expiration of his visa which is included in my passport. (please see attached copies)

I am also of the understanding that this document, if approved is good for 1 year. Therefore I have checked "more than one trip" so that, in the unlikely event of a family emergency later in the year I would not need to re-apply for another document.


Sincerely

____________________

[Michelangelo]

Micheal-
If you DCF from Ukraine the rules are different.

welcome to the insanity that is USCIS

:::rant off:::: lol

BTW- your fiancee is from my wife's home city..

AJ- Thanks for the really good information on DCF...It looks like it has some major advantanges over the K-1. BTW- My fianacee really loves Dnepr.  How long have you been married?  What route did you take in getting her here?

[Michelangelo]

Thanks for the helpful advice, Jet. I appreciate it.

[Jumper]

Micheal-
This August we will have been married for three years.
Not long really.

We married in Dnepropetrovsk.
At the local ZAGs, followed by a ceremony in the palace of students over looking the river and the island and a nice riverside park
- down the hill from the resturant Charlies if youve been there?
(someone has a photo of the island, and church, in the gallery)

and then on to place flowers at the various memorials in the city as is tradition , and then around the city so everyone can ogle, and cheer,one million photos,  the reception etc..
it was truly a beautiful wedding in every way, and a wedding like my wife had always dreamed of.
she got to plan it all, make all the arrangements, endlessly shop for her dress and shoes with her family and friends,, all really important stuff ,full of great memories.
Her family and friends being present was very VERY  important of course !
 
and i really enjoyed the traditions of going to her parents home and bribing my way thru first neighbors, then distant family, then close family, to get presented with my bride.

you face this friendly *gauntlet* ,
armed with candy /vodka/wine /whatever/
 and you and the best man must bribe,
 or do thier bidding ,
on your way step by step to the house ..and to her room.
The defenders of the fair maiden..may ask you for something they know you dont have, like a snikers bar,(youd need to go fetch or barter another deal) 
or ask personal questions you need to get correct, about you , her , her father or mother,family, her pets,  etc,,
 if you cant get it correct the price of bribe may go up or you may be asked to dance or sing..
its all in good fun , and i'm glad to have been so excepted into her family.

there are many other traditions as well.. it was a wonderful time,and i wouldnt have missed out on it for the world.
(my wife has some 5 hour tape of it and still watches it regularly)

To file K1 would have meant me , her,  and her family missing all of that.
it would mean a ceremony *here* without her friends or family.
in a place she wasnt accustomed to, and knew only me,
 strange for a BIG day she had been looking foward to her whole life?
(very traditional views in her family about such things)
 
To me it was an extreemly easy choice , and i decided it, and told her what route we would take.
we were in no huge hurry, and in fact she did not relocate the instant the visa was approved.

In our case we had known each other about two years..
and any "proposal or engagement" would mean exactly that..
 and a K1 would in her mind certainly have not been a 90 day trial,
 but a time to prepare for the wedding..
not my wifes words, but i know her well enough to know,
if she was going to bother relocating,
k1 or whatever i wanted to call it ,
 it would only be to actually marry..
if i wasnt sure  and wanted to see how it went in 90 days,
she would have told me to wait and ask,  when i was sure 

that us, everyone is different.

the K1 provides positives as well.
it gives the RW a chance to see the culture and lidfe situation, and see if thats what she really wantsd to do with her life..
it gives the man a chance to see her in his home enviroment and see how she reacts ..
unfortunatly she is likely to be in a bit of culture shocjkl andwith 90 days ticking i'm unsure how peoplesort this emotionally charged time out oif using it as a trial..

but it WORKS for some,
 and i am not advising against it in anyway..

I DCF filed, it was a bit longer than a K1 ,(not much)
 but we wernt in a hurry, if it had been a longer wait period like some countries have. .. i still would have married in her country..
 in our specific situation.

its an important thing for the couple to talk about and decide which route is best for them!

   
the DCF does carry the fact she has her GC the moment she arrives in the US.
this is very handy for travel,,
but very dangerous for guys marrying a GCG. as you could imagine..lol

the K1, is fairly straight foward and the AP is not difficult to obtain for travel home as well,
i would not base the decision,
 on the ease of travel home initially .
its a moot point. As both are readily avaible,just a different paper shuffle?

 

[Michelangelo]

AJ- I truly appreciate the time and care in responding with the detail you have. 

And yes, I know all the sites you described and have been to the Island and eaten at the little cafe there. 

I really like the city--even when we had massive snow and ice on woman's day this year!

My guess is we will get married in Dnepr.  Vik really wants to, and I think the wedding should be all about her. 

So I'll stay the summer with her, living together as a real couple outside of her home and my home, together in Kiev. 

And then we will see if we need more time...

I'm blessed by the fact that her English is so good. But most of all, because she has a cheerful, optimistic outlook on life.  Rare, really :-)

I'll PM you with another thought...

[Jumper]

Micheal-
it sounds like you have a situation many cant hope for,
to live a year or longer in Ukraine with your intended.
That is great!

and yes , like you mentioned , it was her big day!
 and i really wanted it to be with her family and friends she had known her entire life, to share it with them, and all the traditions,

not in a new unfamliar place, where she knew noone.

it was her  first/only  wedding,,
 perhaps if she had been married before we would have went the K1 route,
 i dont know.