Form I-751 removal of conditions questions

Asked 8 months ago - Houston, TX

I filed the petition to remove conditions on my wife's green card. She came over on a fiancé visa with her son and was granted the green card after our marriage within the 90 day window. On the instructions of I-751 it states to include the dependent son on part 4 if he came over at the same time and was granted the same conditional residence. We received an I-797 notice of action extending my wife's papers for a year and then today we received her biometrics apt for dec 3. There is nothing about her dependent son listed on either paper. Did I do something wrong on the filing or is this normal? Please advise

Attorney answers (3)

  1. Abraham B. Cardenas

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    Answered . Right off of the USCIS website: "If you are petitioning for a step-child and have not been married to the child’s biological parent for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove the Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.)

    If your spouse and child became CPRs at the same time or within 6 months, the child can be included in your spouse’s petition. If the child became a permanent resident more than 6 months after your spouse, or the child was granted CPR status independently of your spouse, the child will need to file a separate Form I-751."

    Abraham B. Cardenas, Esquire Cardenas Law Firm, P.C. Florida Office Address: Cardenas Law Firm, LLC 8150 SW... more
  2. Carl Michael Shusterman

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    Answered . Per USCIS:

    "If you are petitioning for a step-child and have not been married to the child’s biological parent for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove the Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.)

    If your spouse and child became CPRs at the same time or within 6 months, the child can be included in your spouse’s petition. If the child became a permanent resident more than 6 months after your spouse, or the child was granted CPR status independently of your spouse, the child will need to file a separate Form I-751."

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  3. Francisco Fraerly Symphorien-Saavedra

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    Answered . Does not seem like you did. He should appear as well.

    This communication should not be construed to create an attorney client relationship. All information provided is... more

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