Job Recruitment Website - Immigration policy - Do you need to provide birth notarization when you change your green card from K 1 visa to 10 green card in the United States three years later?
Do you need to provide birth notarization when you change your green card from K 1 visa to 10 green card in the United States three years later?
A. application conditions: a prerequisite for canceling the green card.
1. Married for less than 2 years, CR 1 obtained a conditional green card when entering the country.
K3 and K 1 who have been married for less than 2 years after completing the transfer will also get a conditional green card. You must apply for I-75 1 to cancel the conditional green card and become a permanent green card within 90 days before the expiration date indicated on the conditional green card.
Note: You need to apply for changing the conditional green card into a ten-year green card. Your deadline should be 90 days before the expiration of the conditional green card two years ago, which is clearly written in your green card welcome letter.
2.I-75 1 If your spouse needs to apply together with you, you can apply for exemption from joint application under the following circumstances:
A. Married in good faith, but your spouse died.
B. Married in good faith, but later dissolved due to divorce.
C. Married in good faith, still not divorced, but extremely abused by the other party.
3. You can include your children with qualified green cards in this application (the time difference between mother and child is no more than 90 days), otherwise you need to apply separately.
B. List of required materials:
1. Fill in the form I-75 1.
2. A copy of the conditional green card and a copy of the child's conditional green card included in this application.
3. If you and your children are extremely abused by your spouse, if you want to apply for joint exemption, you need to provide evidence, such as reports made by the police, courts, hospitals, schools and social service agencies for you.
4. If divorced, provide a copy of the divorce document and apply for exemption from joint application.
5. If the spouse dies and provides a copy of the death certificate, it is necessary to apply for exemption from the joint application.
6. If you are a child and want to apply separately from your parents, you should provide evidence to explain why you need to apply separately from your parents.
7. Provide materials that reflect the real situation of your marriage. The more the better (enough copies). It is best to provide materials with stamps and dates. For example:
(1). Birth certificate of children after marriage.
(2) The * * * with the same name is the lease contract, the property right certificate of the house where they live, and the insurance document indicating that the other party is the beneficiary, including the proof of joint property and joint liability and obligation, such as joint deposit and checking bank account, joint loan, joint utility bill, joint tax bill, etc.
(3) Write an affidavit about the real situation of your marriage face to face (original required), signed by at least two relatives and friends, and the affidavit should include the place of birth, date, address and relationship with your spouse or yourself.
To apply for a green card with cancellation conditions, both husband and wife need to sign the application I-75 1.
* Fill in the form I-75 1.
* Notarization of marriage certificate
* Copy of passport of husband and wife.
* copy of conditional green card
* copy of I-55 1 on passport (if any)
* I- 130 copy of the original approval letter (if it is a K visa, the package of 129F and AOS approval letter are required).
* These documents will prove the authenticity of the marriage in the future. The more materials, the better: * * with bank account certificate, * * with credit card account, * * with lease, * * with tax return, * * with electricity bill, * * with medical insurance certificate, letters from relatives and friends, photos of relatives and friends and so on.
C. Application address
I-75 1 apply for parcel delivery to USCIS California or Vermont processing center (click here to find out which service center you belong to).
D. Application fee
The draft or cheque should be sent to the immigration service center together with the application form.
E. Time of application
1. See above for the joint application time.
2. The time to apply for exemption from joint application can be any time from obtaining temporary green card to the second anniversary.
3. Conditional green card is valid for two years. If you don't apply for I-75 1 and cancel the conditional green card immediately, you will lose your identity.
Supplementary reading:
1. Foreign spouses who are newly married to American citizens or legal residents and lead an inseparable life should not think that they can stay in the United States for a long time without any worries. A permanent green card obtained by applying for residence is only [conditional] residence, that is, a temporary green card. You can only get a permanent green card after two years of marriage. The reason is that there are too many fake marriages. The immigration department thinks that it is probably no problem to get married after two years of marriage. From conditional residence to permanent residence, there is another procedure in the middle.
If you need to know more details, you can search the Easy Sign Forum.
90 days before the second anniversary of marriage, you can start to apply for cancellation of conditional residence, and both American and foreign spouses must apply together. The expiration date of the temporary green card is the anniversary of the second wedding anniversary, so if you don't apply for a temporary green card to become a permanent green card, you will lose your right of abode in the United States after two years of marriage.
If you have been married for two years because of personality incompatibility, or have been abused by an American spouse, you can apply for exemption from the same application. If you are exempted, you can apply for formal permanent residency and formal green card at any time during your conditional stay. Note that it must be handled before it is transferred out of the country.
If the children of a foreign spouse are granted conditional residence together with the foreign spouse, they will be listed on the application form for changing the foreign spouse to permanent residence, and will be converted into a formal green card at the same time. If the child is granted conditional residence for 90 days after the foreign spouse has obtained it, the child needs to fill out the application documents for changing to a formal green card separately.
2. Eligibility to change from conditional residence to full green card
Foreign spouses who have been married to American citizens or permanent residents for 90 days or two years [including children who have obtained conditional residence at the same time as foreign spouses].
Children of foreign spouses who apply for conditional residence after 90 days of conditional residence. That is, children who are not included in the application form for conditional residence of foreign spouses.
Survivors of truly married American citizens or permanent residents.
Really married, but divorced or declared invalid for various reasons.
Really get married, but because American spouses abuse foreign spouses or their children.
Revoking the right of residence in the United States will lead to extreme difficulties.
How to apply for a green card from conditional residence to formal residence
United States or permanent residence spouse joint application: the couple * * * fills in and signs I-75 1 application for cancellation of conditional residence form; Copy of conditional residence green card; Proof of sincere marriage, including proof that two people live together, proof that * * * has property, birth certificate of children, etc. This is the easiest way to adapt to permanent residence.
If it is the widow of an American spouse: fill in form I-751; Copy of temporary residence permit and green card; Sincere marriage certificate, including lease with American spouse, once owned property, child birth certificate and copy of spouse's death certificate.
Dissolution of marriage except death of spouse: I-75 1 form; Copy of temporary green card; Certificate of sincere marriage, including the lease certificate of the residence where you once lived together, the possession certificate of common property, the birth certificate of children, and the copy of the divorce or invalid marriage certificate, which proves that the divorce or invalid marriage is not caused by the fault of the foreign spouse.
Application for battered spouse: I-75 1 form (copy of temporary green card); Proof of sincere marriage, including cohabitation, possession of property, child's birth certificate, child abuse or one's own confession [such as physical abuse report, social worker's evaluation, divorce due to abuse], is not proof of divorce due to the fault of foreign spouse, but proof that leaving the United States will lead to extreme difficulties.
If the children change their permanent residence status alone: I-75 1 form; Copy of temporary green card; Explain in writing the reasons for separate treatment from the foreign parent company.
Fourth, when changing from a conditional green card to a formal green card, must the person concerned be in the United States?
Foreign spouses do not need to be in the United States at the time of application, but they must return to the United States when the Immigration Department wants to interview the couple.
5. Do I have to attend the interview with the Immigration Bureau in person?
Both husband and wife must attend the interview with the immigration bureau, but the director of the regional immigration bureau can be exempted from the interview. After evaluating the application form, the regional director can decide whether to interview or not.
Additional: If you do not intend to be naturalized in the United States for the time being, you have already obtained a green card for 10, and you need to renew it. Apply for renewal of green card within 90 days before the expiration date of 10 green card. For details, please see: How to renew a green card?
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