Jump to content
Sign in to follow this  
getcr1

Very confused! I file 90 days after 1 year or 2 years?

16 posts in this topic

Recommended Posts

Filed: Country: Canada
Timeline

Hi all,

I am very confused by the wording of filing the I-751. I have entered the States and have been married for less than 2 years. I take it that I have to file the I-751 right? If I entered the states on July 15, 2010, does this mean that I have to file within 90 days of July 15, 2011, or within 90 days of July 15, 2012? My understanding, was that I would have to file THIS YEAR, but my husband thinks it is next year.

Also - do I definitely have to pay this biometric fee? I don't understand what it actually is.

Also, for the affidavit for proof of friends knowing you are married, can we also use American family members?

Any information would be greatly appreciated!

Thanks.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Thailand
Timeline

Hi all,

I am very confused by the wording of filing the I-751. I have entered the States and have been married for less than 2 years. I take it that I have to file the I-751 right? If I entered the states on July 15, 2010, does this mean that I have to file within 90 days of July 15, 2011, or within 90 days of July 15, 2012? My understanding, was that I would have to file THIS YEAR, but my husband thinks it is next year.

Also - do I definitely have to pay this biometric fee? I don't understand what it actually is.

Also, for the affidavit for proof of friends knowing you are married, can we also use American family members?

Any information would be greatly appreciated!

Thanks.

IF you go to guides and select "lifting of conditions" it tells you when to file. From me reading it, you must file no earlier then 90 days of the experation of your green card but before the green card expires. The date you entered the US is irrelevant. The date you must take into account is your green card's expiration date.

Here is the quote "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.

Here is the link http://www.visajourney.com/content/751guide

Here are the instructions from USCIS: http://www.uscis.gov/files/form/i-751instr.pdf

Hope this helps


K-1 TIMELINE11/03/2010 Mailed I-129F Petition to USCIS VSC
11/15/2010 Received NOA1 in the mail
02/04/2011 Requested expediting of case for military deployment
02/11/2011 Expediting request approved
02/22/2011 Received expediting request approval letter in the mail
02/28/2011 NOA2 Document Received in the mail
02/28/2011 NVC received and case # assigned
03/01/2011 Case sent to Embassy
03/04/2011 Case received at the Embassy
03/09/2011 Embassy sent Packet 3 via mail (we did not wait for it, downloaded forms online)
03/15/2011 Sent Packet 3 to the Embassy
03/18/2011 Embassy received Packet 3 in the mail
03/28/2011 Received Packet 4 from Embassy
04/20/2011 Embassy Interview Date (APPROVED)
04/27/2011 POE JFK, NY
AOS/AE/AP TIMELINE
06/24/2011 Mailed the AOS/EA/AP
07/05/2011 Received NOA1's for the AP/AE/AOS dated 06/27/2011
07/08/2011 Received NOA for biometrics appointment
07/25/2011 Biometrics appointment
08/24/2011 Received AP/AE card in the mail
09/08/2011 AOS interview APPROVED
09/09/2011 Card in production
09/19/2011 Green card on hand!

I-130 TIMELINE - STEPDAUGHTER I-751 TIMELINE-WIFE

04/07/2013 Mailed I-130 petition 06/10/2013 Mailed I-751 petition

04/14/2013 Received NOA1 inthe mail 06/19/2013 Received NOA1 in mail

05/04/2013 Requested expediting due to military deployment %

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Australia
Timeline

Have a look at your greencard. There is an expiry date on it (2 years from the "resident since" date). You MUST file ROC in the 90 days before your card expires. You cannot file earlier than the 90 days (unless you're divorced) and you cannot file after the expiration date.

If you file earlier your package will be denied (they just don't accept it earlier) and if you don't file before your card expires... your status is cancelled when the card expired. You will be unable to work (legally), unable to return if you leave the country.. very bad. You have no status.

Edited by Vanessa&Tony

Share this post


Link to post
Share on other sites
Filed: K-3 Visa Country: Colombia
Timeline

if your permanent resident expires july 15 2012, then count back wards 90 days that should be around april 12 2012 you can send your file in,thefee is 505.00 plus 85.00 for the biometrics finger prints and photo taken,total 590.00 check.when you send in your file maybe two or three weeks you should get a receipt letter noa=1 797 it will say you have a one year extension.next about three weeks later, you should be getting another letter for you asc appointment biometrics, keep that appointment it has the date and time and address,bring your, permanent resident card, your appointment letter,your picture ID ,afer that you wait for all the back round checks FBI,all the evidence you sent is checked, then hope two months you get your approval notice, 10 year permanent resident card. good luck.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

ROC has NOTHING to do with your marriage date. It is the date of your perm resident card. Look at the card and look at your expiration date as everyone states.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites
Filed: Country: Canada
Timeline

hey thanks! but I am still confused. Doesn't my NRIV expire after only one year? I thought that your MRIV expires after one year and that you have to do something after only 1 year of being in the states? Is there something else that I am supposed to do ?

sorry - that is supposed to say MRIV....

hey thanks! but I am still confused. Doesn't my NRIV expire after only one year? I thought that your MRIV expires after one year and that you have to do something after only 1 year of being in the states? Is there something else that I am supposed to do ?

Share this post


Link to post
Share on other sites

hey thanks! but I am still confused. Doesn't my NRIV expire after only one year? I thought that your MRIV expires after one year and that you have to do something after only 1 year of being in the states? Is there something else that I am supposed to do ?

sorry - that is supposed to say MRIV....

A timeline would be helpful so people know what you've completed. Did you ever get your greencard after you arrived with a visa? What kind of visa do you have?

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

I'm not a noob, but what's MRIV? Never heard that one.

A timeline would be helpful so people know what you've completed. Did you ever get your greencard after you arrived with a visa? What kind of visa do you have?

And yes, this. This thread has become confusing.


24q38dy.jpg

Share this post


Link to post
Share on other sites

I'm not a noob, but what's MRIV? Never heard that one.

I was wondering the same thing.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites
Filed: Country: Canada
Timeline

I have a green card (permanent resident) and there is a stamp in my passport that I am assuming is the MRIV. WHen I was doing research before, I found info on what I had to do after arriving in America.

"6: When you enter the US with your Immigrant Visa, you will have your MRIV endorsed with a stamp, valid for one year. Your status is valid for longer, but the stamp is only valid for one year. This endorsed MRIV is now evidence of your Legal Permanent Resident status and can be used as the equivalent of the Green Card for ID and status proof purposes. "

That is the part that I find confusing. While everyone says, if you are married for less than two years, that you have to "lift" the conditions by filling out the I-751 within 3 months of the expiry date on the back of your green card, I still don't understand what this MRI is that is only valid for one year. Do I have to get another stamp?

It is so confusing... I swore that immigration said I had to do some sort of filing after a year in America. Am I wrong?

Any help would be greatly appreciated!

Share this post


Link to post
Share on other sites

I have a green card (permanent resident) and there is a stamp in my passport that I am assuming is the MRIV. WHen I was doing research before, I found info on what I had to do after arriving in America.

"6: When you enter the US with your Immigrant Visa, you will have your MRIV endorsed with a stamp, valid for one year. Your status is valid for longer, but the stamp is only valid for one year. This endorsed MRIV is now evidence of your Legal Permanent Resident status and can be used as the equivalent of the Green Card for ID and status proof purposes. "

That is the part that I find confusing. While everyone says, if you are married for less than two years, that you have to "lift" the conditions by filling out the I-751 within 3 months of the expiry date on the back of your green card, I still don't understand what this MRI is that is only valid for one year. Do I have to get another stamp?

It is so confusing... I swore that immigration said I had to do some sort of filing after a year in America. Am I wrong?

Any help would be greatly appreciated!

Did you get the stamp at your GC approval/interview? I'm trying to research on the Googles and it looks like that's the I-551, maybe?

At any rate, if you have a 2 year GC, you remove conditions when the 2 years are up, filing within the 90 days before expiration. I've never heard of anything different.

Edited by trillium13

24q38dy.jpg

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

I have a green card (permanent resident) and there is a stamp in my passport that I am assuming is the MRIV. WHen I was doing research before, I found info on what I had to do after arriving in America.

"6: When you enter the US with your Immigrant Visa, you will have your MRIV endorsed with a stamp, valid for one year. Your status is valid for longer, but the stamp is only valid for one year. This endorsed MRIV is now evidence of your Legal Permanent Resident status and can be used as the equivalent of the Green Card for ID and status proof purposes. "

That is the part that I find confusing. While everyone says, if you are married for less than two years, that you have to "lift" the conditions by filling out the I-751 within 3 months of the expiry date on the back of your green card, I still don't understand what this MRI is that is only valid for one year. Do I have to get another stamp?

It is so confusing... I swore that immigration said I had to do some sort of filing after a year in America. Am I wrong?

Any help would be greatly appreciated!

Look at your GC, not the stamp in your passport. No earlier than 90 days prior to the expiration date you can file to remove conditions.

The stamp in your passport that endorses your Machine Readable Immigrant Visa serves as your GC until you get the GC. No need to renew the stamp.

If you entered the US on a spouse visa prior to your second wedding anniversary you will have a conditional GC that has a 2 year expiration. If you enter on a spouse visa after your second wedding anniversary a person ought to receive a GC with a 10 year expiration (unconditional GC). That's where the 2 years of marriage is concerned.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (pnd) Country: India
Timeline

Just see the expiration date on the green card. You cannot apply apply before 90 days of expiration or the mentioned date. Now here is a calculator

DATE CALCULATOR

enter the expiration date of your green card, on the 1st line...

then change the option to subtract...

then enter 90 days ... you get the date !!

You cannot apply before that date...it is not also advisable to apply near the expiration date. Hope this solves your problem. So it has nothing to do with when you entered the states. Thanks


AOS
Married: June 9, 2008.
Visa expired : June 12, 2008
Filed for AOS . Sent through USPS Priority Express : March 03, 2009
Package Delieverd at USCIS: March 05, 2009
March 13, 2009 : Checks Cashed
March 13, 2009 : NOA 1 received on I-485, I-130, I-765. Dated March 11th, 09
March 17, 2009 : Biometrics Letter recieved (Dated 13th March). Interview on 1st week of April
April 2, 2009 : Biometrics done. Total time taken with wait 20 mins.
April 22, 2009 : Called USCIS. They have received fingerprints and work permit is in process.
May 7, 2009 : I-765 case online. Card Production ordered.
May 11,2009 : EAD card received.
May 12,2009 : Applied for SSN.
May 18,2009 : Received SS card.
June 08,2009 : Received Letter for Interview ( scheduled on July 14 th July )
July 14th : Great Interview. All done in 20 mins.
July 18th: Online status - Card Production ordered. Thank God !! I-130 online status : Pending
July 23rd : Welcome to USA & I-130 approval letter recieved. Online status still shows pending.
July 31st : Received conditional green card
Removing Condition
3/25/11 - Received reminder from USCIS to file for ROC
5/6/11 - Sent I-751 Packet to CSC via usps
5/9/11- Package delivered to csc.
5/11/11- Check cashed electronically by CSC
5/16/11- NOA 1 received
5/27/11 - Biometrics letter received.Scheduled on 06/06/11. Case Online
6/6/11 - Biometrics done
9/6/11 - Approved.Card Production Ordered
9/12/11- Card Received

Citizenship

10/13/15 : Sent N400

10/16/15 : NOA

11/13/15 : Fingerprints

11/17/15 : In Line for Interview

01/11/16 : Interview- Passed & Given Oath letter & Date by hand

01/14/16 : Oath Ceremony done & Naturalization Certificate in hand.Proud citizen of USA

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...