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Child filing an I-751 separately from parent with a deceased petitioner

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  • Child filing an I-751 separately from parent with a deceased petitioner

    I was hoping to find some direction as to how to proceed with the filing of an I-751 for a child filing separately from her parents when the petitioner, her stepfather, is now deceased.

    Here's the situation, the child's mother recently had her second interview to remove the conditions on her residence after filing Form I-751, was approved, and has already received her permanent resident card. At the time of both the filing and interview her husband was alive and well and they filed jointly and proceeded with the marriage based green card process routinely. So far so good, now the child has a two year conditional resident card and the time for her to file a petition to remove the conditions on her residence is coming up. She was not included on her mother's I-751 because she was granted conditional status more than 90 days after her mother. The question now is does she go ahead and file Form I-751 as usual and just include a copy of her petitioner's/stepfather's death certificate and an explanation as to why she was not included on her mother's I-751 or is another form necessary or what additional evidence is required?

    Any help or direction is greatly appreciated as calls to USCIS did not provide any definitive answers. Thank in advance.

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