To obtain Permanent Residence/GC 2

[red_cherry123 0]

Hi guys,

What if your conditional Green Card hasn't been approved yet, but then the marriage is over 2 years. What should I do? Am I able to proceed the removal of conditional Green Card? Does it use I-751 form?

Thank you,

-Cherry

[Girona40 0]

You may find that the USCIS go ahead and simply issue an unconditional GC if your AOS has not been completed by the time you have been married two years.

They took a while to adjust my daughter's status, by which time I had been married two years and one day. It was certainly a nice surprise when her GC did come! I think this was deliberate - it saved everyone a lot of time and paperwork, they simply issued her a 10 year card straight away.

You have some time to wait, I see, before you need to be too worried about removing conditions. You have only been married 8 months from your signature.

Good luck!

G

Hi guys,

What if your conditional Green Card hasn't been approved yet, but then the marriage is over 2 years. What should I do? Am I able to proceed the removal of conditional Green Card? Does it use I-751 form?

Thank you,

-Cherry

Edited July 6, 2006 by Girona40

[diadromous mermaid 36]

Hi guys,

What if your conditional Green Card hasn't been approved yet, but then the marriage is over 2 years. What should I do? Am I able to proceed the removal of conditional Green Card? Does it use I-751 form?

Thank you,

-Cherry

Girona has already given you an accurate answer, but I wanted to address your question, logically. If an alien hasn't had approval on an application for permanent residency, how could he/she remove "conditions" that haven't yet been imposed?

[meauxna 15]

Hi guys,

What if your conditional Green Card hasn't been approved yet, but then the marriage is over 2 years. What should I do? Am I able to proceed the removal of conditional Green Card? Does it use I-751 form?

Thank you,

-Cherry

If you are married less than 2 years when you become a PR, you are CR-1 and must file I-751 2 years (minus 90 days) from that date that you become a PR.

If you are approved after you have been married for 2 years, you will not have conditions on your residency and won't have to file I-751 at all.

[red_cherry123 0]

Thanks for your input. I'd like to ask you another question. Supposedly I get my two year / conditional GC, and when is the best time for me to proceed I-751/Permanent GC? Is it based on the due date of conditonal GC (two years after receiving it) or actually two years of our marriage? Which one, I'm just confused.

-Cherry

[JRluvsLhyn 0]

Thanks for your input. I'd like to ask you another question. Supposedly I get my two year / conditional GC, and when is the best time for me to proceed I-751/Permanent GC? Is it based on the due date of conditonal GC (two years after receiving it) or actually two years of our marriage? Which one, I'm just confused.

-Cherry

Once you appear with your AOS interview (if so), The interviewer will going to explain to you on how and when to file the I-751 (90 days before your conditional GC expired) Hope it's more clear to you now.

[red_cherry123 0]

Hi JRluvsLhyn,

The problem is that upon my AOS interview, the officer didn't tell us when or how to file I-751. It's because the officer didn't even give any decision on our case and only asked us to wait in the mail whether it's approval, denial or RFE. Anyway, I just would like to know how and when to process GC 2 ahead of time. My confusion was when I should file it. And apparently you answer my confusion. Thanks.

[meauxna 15]

Thanks for your input. I'd like to ask you another question. Supposedly I get my two year / conditional GC, and when is the best time for me to proceed I-751/Permanent GC? Is it based on the due date of conditonal GC (two years after receiving it) or actually two years of our marriage? Which one, I'm just confused.

-Cherry

Cherry,

If you read the page on removing conditions at uscis.gov, it will be really clear. Once you are designated CR (have conditions), your wedding date doesn't matter anymore. If required to file I-751, it will *always* be due by the 2nd anniversary of your Permanent Resident status (2 years after you get the card, typically). The card will have your 'start date' on it, and an expiration date. The expiration date is your deadline---you must file i-751 before the card expires.

I recommend the following reads to anyone who is becoming a Permanent Resident, so you can better understand your rights and responsibilities.

Now That You Are A Permanent Resident

http://uscis.gov/graphics/howdoi/PermRes.htm

Some of you may be CONDITIONAL RESIDENTS. This page applies equally to you while you are in conditional resident status. The difference between you and an unconditioned permanent resident is that your permanent resident status will expire in two years from when it was given, unless you successfully petition to have the condition removed. Those of you with conditional permanent residence either received your residence through a marriage relationship where the marriage was less than two years old at the time you became a Permanent Resident, or you received that status through an investment as an employment creation immigrant (EB-5). If you successfully petition for removal of the condition on your immigration status, this page will still apply to you as a Permanent Resident.

How Do I Remove the Conditions on Permanent Residence Based on Marriage?

http://uscis.gov/graphics/howdoi/remcond.htm

Background

A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. 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. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

Application Procedures: Removing the Conditions on Permanent Residence Based on Marriage

http://www.uscis.gov/graphics/howdoi/remcond2.htm

Welcome to the United States:

A Guide for New Immigrants

http://uscis.gov/graphics/citizenship/imm_guide.htm

I know that's an overkill answer, but lots of people have this question. You should also look at the pinned post at the top of this forum for more information.