What if you forget to file in time to meet your 90 day expiration period...Does your marriange automatically get annulled??? Or would the spouse have to move to the country of the alien?

If you fail to file for removal of conditions then your will lose your LPR status and will have to leave the country.... or start from scratch with your AOS...

It dose not end your marriage....

Kez

jennarzx,

Or learn to grovel.

You might want to have a consultation with an immigration attorney - knowing how to grovel and when it's appropriate to grovel are some of the skills they are taught in law school.

Yodrak

...And WHAT THE &*@%.. does that mean????

Translation: You screwed up big time. An attorney can help plead your case and MIGHT prevent you from losing your status and having to leave the US....

Rite on! thanks for the Translation!
My case doesn't expire until next July...just a question *wink*

Immigration law and marriage law are almost completely separate. Whatever happens to immigration status will not end a marriage. The couple will remain legally married unless and until a court grants them a divorce or annullment. The couple would have to go through that process similar to the way any other couple without immigration issues would go through the process.

The USC spouse won't be required to move to the alien's country. In fact, the USC spouse may not be allowed to move to the alien's country. Permission to move the the alien's country is a matter for that country's immigration authorities to grant or deny.

But yes, failing to file by the required time will normally lead to a loss of status, and eventually to removal and deportation if nothing is done to prevent it. However, the USCIS has the discretion to accept a late petition. They're more likely to do so if there's a good reason for the late filing, and if it can be shown that the filing was not delayed any more than necessary. That's where the groveling may come in.

Or you might start over with a new visa, which presumably would lead to LPR status without conditions this time.

If this isn't a hypothetical and you actually find yourself in that situation, seek help immediately.

What if you read the uscis.gov page on the topic.... Would you find the answer???

What if I am Late in Applying to Remove the Conditions on Residence?
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 USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.