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Author Topic: Removal of conditions confusion  (Read 4109 times)

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Offline Son of Clyde

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Removal of conditions confusion
« on: February 27, 2008, 07:56:11 AM »
The two year green card expires 06/07/08.
Must we file exactly 90 days before the cards expire or do we have the 90 day window period? My wife thinks we must file around March 07 but I seem to believe we can wait a few weeks. Does it really matter if we file on March 7 or March 31? All I seem to remember is that we cannot file before March 7.
« Last Edit: February 27, 2008, 07:57:56 AM by Son of Clyde »

Offline BC

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Re: Removal of conditions confusion
« Reply #1 on: February 27, 2008, 08:12:10 AM »

Offline Son of Clyde

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Re: Removal of conditions confusion
« Reply #2 on: February 27, 2008, 08:45:48 AM »
Yes I am aware of this thread but Jack mentioned April 6th as a filing date which would be only 60 days before the two year card expires. If this is correct then we can file any time between March 7 and June 6.

Offline START2

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Re: Removal of conditions confusion
« Reply #3 on: February 27, 2008, 10:14:27 AM »
Clyde,
 Nothing before the 90 days. We'll be doing ours in june. Hey, we'll talk this weekend.

Offline AkMike

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Re: Removal of conditions confusion
« Reply #4 on: February 27, 2008, 10:49:20 AM »
90 days is a window time frame. But I'd suggest getting it done ASAP and  sending it off. Ours went to Neb. almost a year ago and we're still in line, waiting, and waiting and waiting.........

Offline AnastassiaAsh

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Re: Removal of conditions confusion
« Reply #5 on: February 29, 2008, 06:45:24 PM »
I think during those 90 days, not sooner and not later. Most of the people prefer to send the package right when 90 days start because they want it to be done faster and don't want to just waste these 90 days. I think the most important for you is to start some time before 90 days end, because if they do and the card itself expired but you managed to file and it is pending, you are good. Waiting period does not mean you do not have a card, it just means that a new card is pending and NOA letter can be a good document to prove for people who might ask about the situation. (for example while hiring for work or getting a drivers license or something like that).

Offline Jumper

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Re: Removal of conditions confusion
« Reply #6 on: February 29, 2008, 09:17:32 PM »
'Nastya said
Quote
I think during those 90 days, not sooner and not later. Most of the people prefer to send the package right when 90 days start because they want it to be done faster and don't want to just waste these 90 days. I think the most important for you is to start some time before 90 days end, because if they do and the card itself expired but you managed to file and it is pending, you are good. Waiting period does not mean you do not have a card, it just means that a new card is pending and NOA letter can be a good document to prove for people who might ask about the situation. (for example while hiring for work or getting a drivers license or something like that


What Nasty suggested is what we did, filed early in the 90 day window "before" expriration
the BCIS website is pretty clear on AOS filing protocol

rant on ::::::::::::::
and also VERY detailed and clear how someone *not* married any longer can file long before the 2 years of a married couple ,read it i nfull if if you want to get yourself something to be pissy with the gub'ment over ;) as it outlines exactly how to avoid what the tempo cvard andf aOS is in place to insure dioesnt happen in the first place )
:::::::::::;
rant off::::::::::::::::::::


 
also we received the infamous yellow letter a month or so  after filing ,
requesting her original green card be sent in as well (they initially stated for her to keep it,
 and it not to go in with the AOS filing)

we did receive a letter or document to replace the Green card pending the ten year cards approval.

my wife was scheduled to travel home,
the document being a simply piece of paper /memo /letter,
would likely cause a problem on the Ukraine side
(while fine for US immigartion)
so we went to the BCIS office in chicago and got her a visa stamped in her passport for travel, just for something of more substance.

The time to approval was long,
 we kept getting requests to send in more "proofs"
although we had supplied all that was listed..
within the same letter it would list the proofs to send ,
with a note  beside each one,
NOT to send it, because it already had been sent and received. .

each letter was completely contradictory in itself..

ytrelling you the wanted this item, but not to send this item as they already had it from you.

nuts!  :cluebat:


i finally asked that they tell my what to send, not what NOT to send.

i then got a letter to NOT send in anything.. but that they  could not give either
a favorable or unfavorable decision at the time without more proofs!

we had sent everything they assked for..in detail, and they could not decide on anything else they might need.
excepting the possibility of a childs birth certificate

i sent a letter and apologized for not having offspring *yet*,
and asked if they would care to have us come into the office and *practice*,
 since that was the only measrure left of  a legitimate mariage
(my wife had a heartattack that i sent that letter in, worded a little less PG13,but not X rated either).


we got an interview in 1 week.amazing.

the interviewer basically just asked our names,
then if my wife knew my best friends name, (oddly she couldnt think of it , had brain fade)

he looked at us both and simply waved us *approved*

bizaare.

have fun clyde, we sure did!

 :selfharm:




 
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Offline William3rd

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Re: Removal of conditions confusion
« Reply #7 on: February 29, 2008, 10:36:20 PM »
The 90 days before the second anniversary of the initial grant-as evidenced by the expiration date on the green card and not before is the window period for joint filings for 751s.

I could have sworn this matter was addressed a couple of weeks ago . . . .

Offline Son of Clyde

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Re: Removal of conditions confusion
« Reply #8 on: March 01, 2008, 12:13:26 PM »
Thanks, I have not been reading the board very much lately so maybe I missed the initial post. But I think many people are confused and think they must file on the first day of the window period.

I was surprised when I consulted my attorney about what to send. He told me I have to send the biographical information again, the birth certificates again, the divorce decree again, the passport copies again, the 3 years of tax returns again (current 3 years at least), passport photos again, biometrics again and $475.00 filing fee and $160.00 for two sets of biometrics.

He told me CIS will fill their files with duplicate copies of some of the evidence.

I told the attorney the officer who did our interview was constantly leaving the room to make copies. He said the officers do this so they can overhear our conversations. I think he said this as a joke but I would not put it past CIS.

Offline William3rd

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Re: Removal of conditions confusion
« Reply #9 on: March 01, 2008, 01:04:23 PM »
Thanks, I have not been reading the board very much lately so maybe I missed the initial post. But I think many people are confused and think they must file on the first day of the window period.

I was surprised when I consulted my attorney about what to send. He told me I have to send the biographical information again(NOT OUTSIDE OF THE 751 FORM, the birth certificates again I DONT, the divorce decree again NOPE, the passport copies again ONLY IF YOU TRAVELED ON HOLIDAY TOGETHER, the 3 years of tax returns again (current 3 years at least)ONLY IF FILING JOINTLY ON THOSE TAX RETURNS, passport photos again, biometricsYEP again and $475.00 filing fee and $160.00 for two sets of biometrics I TAKE IT THAT THERE IS WIFE AND STEPCHILD HERE. DONT FORGET TO COPY THE GREEN CARD( BOTH SIDES). LOTS OF STUFF MISSING- LIKE EVIDENCE OF A SHARED LIFE TOGETHER SINCE THE FIRST GREEN CARD

He told me CIS will fill their files with duplicate copies of some of the evidence.

I told the attorney the officer who did our interview was constantly leaving the room to make copies. He said the officers do this so they can overhear our conversations. I think he said this as a joke but I would not put it past CIS.

I dont agree with your attorney's checklists.

Offline Son of Clyde

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Re: Removal of conditions confusion
« Reply #10 on: March 01, 2008, 01:15:19 PM »
Yes, we covered all of the evidence needed of a shared life together.
I only listed some of the stuff that sounded like overkill.

Yes, one spouse and stepchild.
He told me to copy their passport photo pages and stamped pages as well as the green cards (both sides).

I think this is his method to inundate CIS with paper.

Offline BC

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Re: Removal of conditions confusion
« Reply #11 on: March 01, 2008, 01:26:08 PM »
I dunno, but every time I have worked with lawyers it seems intent was to file only requisite documents and nothing more.  The more documents filed, more had to be weeded through by courts possibly increasing the amount of (sometimes) difficult questions posed by the excess.




Offline Jet

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Re: Removal of conditions confusion
« Reply #12 on: March 01, 2008, 02:05:02 PM »
Yep I agree, give them everything they ask for and nothing they don't. When we had our initial interview they asked for a lot of items they already had, but really the only thing they wanted document wise was to bring the tax returns up to current date and her shot card from the civil surgeon. They looked over the other stuff, but anything already in our file was returned to us.
Every action in company ought to be done with some sign of respect to those that are present. ~ Geo. Washington

Offline planner

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Re: Removal of conditions confusion
« Reply #13 on: March 05, 2008, 07:41:48 PM »
Honestly, I don't see how it can be confusing as the USCIS website explains things very clearly.  The confusing part is finding all the stuff again, copying it, organizing it, copying it again for our records, scanning it to save room and make it easier the next time and figuring out the current costs.  And most definately just send exactly what they ask for and no more or less.

Then you wait.  We had our biometrics visit and then waited.  They eventually sent a letter to give the conditional card another year of validity.  Then processing times, based on when documents were submitted, ground to a halt sometime in February 2006 and after around 30 days would advance one day, it did this a couple times.  Then a two weeks ago it jumped to documents filed in July so they must have shifted work priorities to catch up on the backlog for adjustment of status.  Last friday we filed for naturalization, this was before receiving a removal of conditions approval.  The naturalization time frame for Oregon was 7 months until last month when it increased to 9 months and in reading the bcis website this could increase to 16-18 months due to the huge volume of applications.

So, hurry up and wait, it's the government way.  And by the way, you get to collect all that info. again for naturalization, and more passport photos, and the most recent tax returns.  Most of the stuff for the naturalization process can be copies, which makes it much easier.  Don't forget the check for $675 USD.  When you read the instructions pay special attention if you have had a child together as it cuts down on what you need to send in.

 

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