Hi folks!

My wife came to the US on a Fiance Visa in February of 2006, we were married in March, but we piddled around, (you know how time flies when you're having fun ), and we did not file for AOS until June and she was approved in October.

Where the confusion comes in is something I was reading on the USCIS website:

"You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status."

So which is it "the day she was lawfully admitted" (in which case we need to file to lift condtions 90 days before the 2nd anniversary of the day she entered in February 2006), or "receive adjustment of status" (in which case we need to file for the lifting of conditions 90 days before 2nd anniversary of receiving adjustment of status)???

On a side note, my experinece has been that USCIS NEVER does anything within 90 days - LOL! So what happens when we do file 90 days before and they still dont have things done after the 90 days?

Lastly, I remember reading that she can go for citizenship after 3 years - 3 years from which / what date?

TucsonBill

You count two years from entry only if entering on an immigrant visa. As the K1 is a nonimmigrant visa, you count two years (minus 90 days) from when PR status was granted (that would be the date on the green card).

The I-751 won't be approved before the 90 days is up. When you file you will receive the NOA1 which acts as an extension letter of the PR status. This letter, combined with the expired green card serves as proof of legal status. You will be able to travel out of the country and work.


You can apply for citizenship 90 days before the third anniversary of PR status.

Short answer, count from Adjustment of Status. Technically, entering on a Fiance visa does not count as entering the US on an immigrant visa, as the Fiance visa is not considered an immigrant visa.

The other thing that will help you is the expiry date on the conditional green card your wife has. Look at the expiry date, and your 90 days begins 90 days prior to the expiry date.

Same thing for citizenship, AOS date.

Ahh - "immigrant" visa - the key word there that I missed. Thanks guys! That explains it.

I know a lot of people will scoff at this, but originally, it was intended that the I751 process would actually be done in those 90 days (I think I saw a reference to it somewhere in the USCIS field manual).

Wish it was like that in reality for all of us (well CSC seems almost to be keeping to that these days)

USCIS generally will react well withn those 90 days prior to Green Card expiration, to send you a NOA that extends status for one year. A lot of people need to keep their status continuous, because of several reasons:

- Employment, or change employment
- Driver's license usually expires with the Green Card in most cases
- Travel out of the country and return
- Stopped on the street and interrogated about immigration status (your papers please!)

You may laugh at #4 above, but it is happening in more places more often these days.

kenk3z

The one thing not mentioned; however, is that the NOA1 along with the expired GC is only good for a One Year extension. If you do not receive the NOA1 before the GC expires, you must make an InfoPass appointment at your local office and get your wife's Passport stamped, if you desired to travel outside the country.

Robert