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romz

A quick question

By romz in Removing Conditions on Residency General Discussion

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romz Apprentice

romz   1

Posted
Filed: K-1 Visa Country: Afghanistan
 Timeline
Posted

I was wondering when the 90 day period starts for the removal of conditions? My wife's green card expires in December of this year if I were to send in the I-751 now would it be too early or would it get processed?

Thanks for all the help in advance.

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ali.cha Explorer

ali.cha   18

Posted
Filed: Citizen (apr) Country: Kazakhstan
 Timeline
Posted

Hi, I got a similar situation. Take a look at her green card and date expiration, then count back 90 days. For example. My GC expires by september 11 2015, I have to send petition by June 11. Good luck

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

I was wondering when the 90 day period starts for the removal of conditions? My wife's green card expires in December of this year if I were to send in the I-751 now would it be too early or would it get processed?

Thanks for all the help in advance.

Quick answer: :guides: easily accessible at the top of the forum page. In particular, the ROC Guide: http://www.visajourney.com/content/751guide

From that Guide:

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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dhlunar Collaborator

dhlunar   25

Posted
Filed: IR-5 Timeline
Posted (edited)

Hi, I got a similar situation. Take a look at her green card and date expiration, then count back 90 days. For example. My GC expires by september 11 2015, I have to send petition by June 11. Good luck

90 days doesn't equal three months exactly. Per timeanddate.com September 11, 2015 minus 90 days is June 13, 2015. http://www.timeanddate.com/date/dateadded.html?m1=9&d1=11&y1=2015&type=sub&ay=&am=&aw=&ad=90

It is always best to send the paperwork a couple of days after the 90 days window open, that way it won't get there early. Your submission can be receipted anytime within the 90 days before expiration of GC. If you attempt to send it early they will either rejected it at the initial stage or if they don't realize then, it might cause problems for you later on.

When my wife did ROC, her GC expired in early March (so the 90 days was early December), but we didn't ship it off until early January (about 60 days before the expiration date).

Edited by dhlunar

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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tuckin14 Enthusiast

tuckin14   58

Posted
Filed: Timeline
Posted

To be clear, you must submit the I-751 no EARLIER than 90 days ahead.

If her green card expires December 15, you must submit it on or after September 16. Any earlier and it will not be processed.

Once they get it, they will send you the NOA within a week or two that extends the GC for a year.

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Gonna leave this here

http://www.uscis.gov/early-filing-calculator

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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