form I-751 "conditional residence expires on _____"

[melusine84 0]

On the I-751 form, it asks "Conditional Residence Expires on (mm/dd/yyyy)" My husband's green card was given for 10 yrs (expires 2/16/16), but he SHOULD be considered conditional as we were married less than 2 yrs. So would I put the date 2/3/08 (as he has been a resident since 2/3/06)? Or 2/16/16? Technically it's not asking when the card expires...

[YuAndDan 153]

10 year green-card is NOT conditional it is a PERMANENT card, you do not file I-751 to remove conditions because there are NO CONDITIONS. I see that you entered the country on the visa less than 2 years after marriage. This may be an over site on the part of USCIS, you may just want to schedule an INFO pass appointment and confirm status as being conditional or un-conditional, if the latter, you just lucked out and do not need to file to remove conditions.

You file form I-90 to renew the card, either by mail or electronically on-line.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...000d1f1d6a1RCRD

[diadromous mermaid 36]

10 year green-card is NOT conditional it is a PERMANENT card, you do not file I-751 to remove conditions because there are NO CONDITIONS. I see that you entered the country on the visa less than 2 years after marriage. This may be an over site on the part of USCIS, you may just want to schedule an INFO pass appointment and confirm status as being conditional or un-conditional, if the latter, you just lucked out and do not need to file to remove conditions.

You file form I-90 to renew the card, either by mail or electronically on-line.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/men...000d1f1d6a1RCRD

I disagree. The statutes do not provide for any alien "lucking out". If there is a mistake made by the Service, that does not obviate the need for the alien to comply with the regulations. I would file the form with the "conditional residency expires" box noted with the date 2 years from the date the GC was awarded. Then provide a cover letter stating that you are submitting the I-751 to comply with the INA that states that an alien should petition to remove conditions from residency 90 days prior to the expiry of the card, but in your estimation the card your spouse has may be incorrect in that it has a 10 year expiration.

Edited January 29, 2008 by diadromous mermaid

[YuAndDan 153]

I disagree. The statutes do not provide for any alien "lucking out". If there is a mistake made by the Service, that does not obviate the need for the alien to comply with the regulations. I would file the form with the "conditional residency expires" box noted with the date 2 years from the date the GC was awarded. Then provide a cover letter stating that you are submitting the I-751 to comply with the INA that states that an alien should petition to remove conditions from residency 90 days prior to the expiry of the card, but in your estimation the card your spouse has may be incorrect in that it has a 10 year expiration.

That is why I suggested to schedule and INFO-pass appointment and ask an immigrations officer what the status is Conditional or NOT, and what is needed to file.

[diadromous mermaid 36]

I disagree. The statutes do not provide for any alien "lucking out". If there is a mistake made by the Service, that does not obviate the need for the alien to comply with the regulations. I would file the form with the "conditional residency expires" box noted with the date 2 years from the date the GC was awarded. Then provide a cover letter stating that you are submitting the I-751 to comply with the INA that states that an alien should petition to remove conditions from residency 90 days prior to the expiry of the card, but in your estimation the card your spouse has may be incorrect in that it has a 10 year expiration.

That is why I suggested to schedule and INFO-pass appointment and ask an immigrations officer what the status is Conditional or NOT, and what is needed to file.

Be that as it may, one IO at a district office could misunderstand (wouldn't be the first time it has occured) and if the OP failed to supply the I-751 within a certain time frame based upon faulty guidance, then the alien could find him/herself out of status.