Removal of Conditions

[Stevo]

Well, just sent off the 'Removal of Conditions' form to the VSC today. We'll see how long things take...

Hey, maybe they'll say our marriage is a sham and my wife has to go back!  Oh well, I'll just get another one if that's the case.

Stevo

[Don Pardo]

... in response to Removal of Conditions, posted by Stevo on Apr 21, 2003

Stevo,

If you're still interested in learning more about the apartment that I stayed in while in Moscow, write to me at xerophyte101@hotmail.com.  Generally, I was happy with the apartment.

Don

[Stevo]

... in response to Re: Removal of Conditions, posted by Don Pardo on Apr 22, 2003

heading over to Moscow this summer.  As usual, I'm staying behind. I've only been to Russia once, back in '99. I'd like to get back there some time!

Maybe next year...

[Jack]

... in response to Removal of Conditions, posted by Stevo on Apr 21, 2003

Stevo, are you referring to the removal of conditions (I-751) after the two year time limit on the original green card or the AOS after you married?

[Stevo]

... in response to Re: Removal of Conditions, posted by Jack on Apr 21, 2003

ggg

[Jack]

... in response to A Yup!, posted by Stevo on Apr 21, 2003

What was normally a three week to one month wait previously in the Texas Service Center is now up to between a 3 to 6 month wait.

Of course the various service centers differ in time with many things but I think it's safe to assume if the Texas service center is now pushing 4 to 6 months on this, the other service centers are close behind or even longer.

[T P Cornholio]

... in response to Re: A Yup!, posted by Jack on Apr 21, 2003

Nebraska is reporting 11 months for I-751.  Also, the on-line case status seems to be useless:

https://egov.immigration.gov/graphics/cris/jsps/index.jsp

[Jack]

... in response to Not close behind, far behind..., posted by T P Cornholio on Apr 21, 2003

A suggestion to everyone whose wife does not have a 10 year green card.

Let me go thru the cycle of events.

Your Russian bride get's to America. You two get married. As soon as you have the original marriage license in your possession you need to go to your local INS office and file for AOS, Adjustment Of Status.  When she arrived she had 90 days to marry, so you two married with-in 90 days ( a few even married with-in the first week!!!!!!), now you need to apply so she can stay beyond the 90 days that she is legally here on, so you are applying for the AOS, Adjustment Of Status.

Hey, times are changing! Procedures are changing. What was happening two years ago, one year ago, is different today. Today's expert with regards to BCIS (the old INS) policies, prices, procedure's and timelines is the guy who just did it last week!

Depending on where you live and your local BCIS center, and the regional center supporting it, the time, the procedure that Vermont takes will be different than that of California, or Nebraska. With that being said, once you are married and you go to do your AOS, you could walk in and out with an I-551 stamp put into your ladies passport. Now she can leave and enter the country at will for one year. Maybe you don't get the I-551 stamp when you first apply, maybe it takes two, three weeks, a month. The I-551 is generally good for 1 year. The reason they say one year is because this should be enough time to get your wife's green card. I got my wife's green card in three month, but that was three years ago, before 9-11. Some women today are getting there green cards in 6-month, some a year and some 18 months, it all depends on the office, the service center you are working out of.  If you do not get your wife's green card in that one year time frame, you must go and get your lady a new I-551 stamp put into her passports.

Once your wife has received her green card there will be a two year time limit on this before it expires.  When this two year green card expires, you now apply for the 10 year green card, which is the I-751 (cost $145 today).  Now the old INS regulations were you could not apply for this until your wife's 2 year green card was with-in 6 months of expiring BUT if you see today's situation, if you wait and file with 6 months to go before the 2 year green card expires and it takes 11 months to get the I-751 approved, your wife could be in limbo for 5 months, not able to re-enter the country if she had to leave for any type emergency.

So, my recommendation, if your wife has had her two year green card for one year, file NOW for the I-751.  I know the previous regulations were you had to wait until 6-months before expiration, but times have changed. It is now taking some places longer than 6-months to get approved.  I would suggest doing this when your wife's one year anniversary has passed. If any BCIS official tells you it's too early, tell them how long it is currently taking to get approved. With this being the case, I think they will be accepted early.

[Stevo]

... in response to (*/*), posted by Jack on Apr 21, 2003

ggg

[Jack]

... in response to Actually, it's 90 days, not 6 months., posted by Stevo on Apr 21, 2003

Yes, you are correct, sometimes I forget the number of days for different applications, it is 90 days, not six months. I think even more of a reason to file LONG before the 90 days in which you are suppose to file. If a person was to wait 90 days before the two-year green card expired, they could be in limbo and out of status for up to 8 months.

And under BCIS rulings,.......You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the Service will order removal proceedings against you. You will receive a notice from the Service telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing.

The process to remove you from the country will begin as soon as your application is denied.

You will be allowed to have an immigration judge review the denial of your application during removal proceedings.

The director has the discretion to approve the petition and restore your permanent resident status.

[T P Cornholio]

... in response to you are correct,, posted by Jack on Apr 21, 2003

Provided things haven't recently changed with BCIS:

1) Technically, you are not allowed to file an I-751 before the 90 day window.  Specifically told that it will be ignored if we did.  Then you would be screwed in thinking that you have filed, and would/could need to refile within the actual 90-day period.

2) Upon receiving the I-751, they will mail to you a paper extending the green card for 1 year. Along with this comes a notice that it will take at least (6) months, and NOT to contact them prior to (9) months.  I recently called after 7 months and was told NSC was taking 11 months (4 more to go?).

3) Per the above and what Jack has indicated, it certainly behooves one to mail the I-751 just within the 90-day period to try and gain that extra few months.  E.g., if the conditional 2-year GC expires Aug. 1st, send in the I-751 the first week of May.  It will probably take at least a couple months before you receive the notice of extension, but it will be good until Aug. 1st of the following year (basically, that is 15 months for them to get off their collective asses).  Again, if you send in the I-751 too early they have the right to ignore it and leave you flapping in the wind.

[Jack]

... in response to Sorry, you're leaving out some important..., posted by T P Cornholio on Apr 22, 2003

Well TP, over the last 3 and 4 hours that your post was here I have been talking with the BCIS. Would you believe that a person from the BCIS actually took my phone number and called me back!  It happened!

TP, you write,....2) Upon receiving the I-751, they will mail to you a paper extending the green card for 1 year....Oh, how I wish I was one of those lucky ones. Recall what I wrote above about each location having there own policies and timelines?

TP, the BCIS (INS) received my completed I-751 on February 4th, I sent by registered mail and have sent them a scanned copy of there signature (actually it's a stamp) of acknowledgement.

So TP, things would be wonderful if the actually would mail us this paper you are referring to that will extend the green card for 1-year, we have not been so lucky.

After trying to find the status of our petition and questioning what was the hold-up, in late March the BCIC service center where I filed told me to go to the INS/BCIS service center on Stemmons and they would give us a temp stamp.  I go to this BCIS office, get there at 5:30am, only gringo in line, wait my 3 to 4 hours in line, finally get to the window and tell of my situation and that all I need is a I-551 stamp put into the wife's passport while the I-751 is being processed. This BCIS center said they could not, that the other office would have to do this. I told them that the other office sent me here! He said that I would have to take it up with the other office. I said "wait a minute, your part of the same agency" and he says, "there a different office, you have to deal with them!" and he refused to talk to me anymore.

On April 3rd the original BCIS office informed me that the I-751 were two months behind and that my application should be keyed into the computer in the next week, two at the latest. I call two weeks later. A notice was sent out to the BCIS employees on April 14th informing them that the  I-751 (out of the Texas service center) will now be delayed for 3 to 4 months.

I was on the phone with them today. Sent proof of them receiving my packet, sent copy of the cashiers check, etc, etc. So this one lady hears my situation, gives me her name, first time that ever happened, and her ID number, says she is going to talk to the supervisor and will call me back. Two hours later she calls me back, She talks to her supervisor who is to call the supervisor over the I-751. They have over 20,000 I-751 in the mail room. For some reason they have been given low priority over the last 5 or 6 months and only a few have gotten thru the system. They admit there is a problem and they are trying to address it. So when the lady calls me back she tells me that the supervisor over the I-751 may not be in today. She will try to find something out and try to call me tomorrow or Thursday. If I do not hear from her on Thursday, call back on Friday

[T P Cornholio]

... in response to hoping for better news, posted by Jack on Apr 22, 2003

I was stating what we were told, what we did, and what we received (and how it's gone so far).  Also it's what they *should* do, but unfortunately not always as they do.  Was it Texas or Florida where they were caught shredding applications (and, probably after cashing the checks)?

BTW -- whatever happened to the TSC program where full green cards were issued at interview, and there was no AOS and only a minimal wait?  I thought you guys had it lucky?

[Jack]

... in response to I feel your pain., posted by T P Cornholio on Apr 22, 2003

TP after we got married and with marriage license in hand, went down to the local TSC (got in line at 5:30 again) was interviewed by about 8:30 and were walking out with AOS, I-551 stamp, right to work, everything by around 9:00am. Three months later we received her green card. Sweet!

Also before 9-11. Things began to really change about 8 months after 9-11.

The hold now is not on the first two-year green card, the hold-up here and now is for the darn 10-year green card. We did have it lucky for a while, Dallas and Detroit as they were the two pilot programs (as Dan informed me).

Now TP, it's everything, every form, every procedure. Each service center seems to do something a bit different than others. You and others have mentioned this 11 months wait on the I-751's. In Texas there now saying maybe 4 months wait. By law there will be a lot of wife's who have been in the states for 2, 3, 4 years who will be effected. Nothing will become of these situations, just a minor inconvenience, unless your one of those Russian woman who has to leave for a family emergency, and they really do happen. The lady can leave with no problem, but she might not be able to return for 5, 6, 11 months.

Men over different parts of the country who are applying for K-1's today are being told the interviews are anywhere from 145 to 260 days away. Russia K-1's and the Moscow interviews seem to be averaging an extra 6-weeks to 8 weeks over Ukraine K-1's and Warsaw interviews. These are not written, quoted published times TP, just my on opinions. In the next few months, after the original start-up period is over, I expect the Ukraine visa's could go a little quicker as the K-1 visa's interview are scheduled to take place in Kiev for Ukraine woman as opposed to having to go to Warsaw.

[tfcrew]

... in response to Removal of Conditions, posted by Stevo on Apr 21, 2003

Mailed Nov 16..approval date was Nov 19.
NOA letter extends the card 1 year from Jan 21.
Though here it is Apr 21 and no new card!!!?