Jump to content
Sign in to follow this  
dancingcrab

When should I file my I-751?

6 posts in this topic

Recommended Posts

Hello all,

My two year green card is expiring on 20/1/2012, so I know I'm going to have to remove the conditions and apply for a 10-year card via the I-751 soon. However, the info on the USCIS website is giving me some seemingly conflicting (wrong?) information. Under the 'How to Apply to Remove the Conditions', it says: 'You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident'. This is not true.

My green card, as I mentioned, expires 20/1/2012. However, my second anniversary is at the end of October 2011. What gives? It appears the card's expiration is tied to the expiration of my original K-1 visa.

The ultimate question is do I file now (in time for the end of October this year), or do I wait until November (three months before 20/1/2012)?

Thank you in advance for any advice you can give.


The Dude abides.

Share this post


Link to post
Share on other sites

What do you mean your second anniversary is in October? For your Wedding?

There is a date on your GC it has a Residence Since date. The expiration date of the GC is 2 years from that date which is your 2 year anniversary and your window to file opens 90 days before that date, which if I figured it correctly is about October 22nd.

Someone please do correct me if I am wrong :thumbs:


11/18/08 - Arrived in U.S. on B2 visa

02/05/09 - Extended return plane ticket to stay for an extra 3 months

04/23/09 - Decided we didn't want to be apart even though we extended the stay and got married!

04/30/09 - Sent I-130/I-485/I-765 from B2 (no I-693 as it is not yet complete.)

05/03/09 - Received email form USPS stating that package had arrived safely and was signed for!

05/11/09 - Received NOA1's for I-130/I-485/I-765

05/16/09 - Received Biometrics Appointment

05/30/09 - Received a CRAZY amount of RFE's that were dated 05/21/09

06/01/09 - Biometrics Appointment Scheduled. In and out in 10 minutes!! Sent off RFE information (Should arrive in MO on Wed.)

06/03/09 - USCIS received RFE response

07/23/09 - I called to have a service request put in

07/24/09 - I-765 Touched (FINALLY)

07/25/09 - I-765 CARD PRODUCTION ORDERED!!!!!!!! (About time!)

08/03/09 - EAD card came in the mail WOOHOO!!!

08/07/09 - Interview letter arrived

09/02/09 - Interview Date

09/07/09 - I think this is the day I received my Green Card.. Can't quite remember anymore.

Removal Of Conditions

08/03/11 - WOW it's already been TWO years! Sent ROC package to VSC.

08/05/11 - NOA1 date which arrived 8/10/2011

09/02/11 - Bio Appointment the notice was dated 8/12/11

Share this post


Link to post
Share on other sites

You do understand that the immigration people talk about the second anniversary of your residency. In the plainest English possible: two years after your became a Green Card holder as shown on your Green Card where it on the front states RESIDENT SINCE.

Your marriage has nothing to do with this. People can be married for 50 years and have lived in Merry old England before moving to the US. They still can't remove conditions before the second anniversary of their residency.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites

it simply means that check your expiry date of GC and count back ward 90Days this is the time frame that you have to apply and if you apply after your expiry date you can lose your green card. your time frame is 21 oct 2011 to 20/1/2012 within this time you have to apply for it................... :thumbs:

Share this post


Link to post
Share on other sites
Under the 'How to Apply to Remove the Conditions', it says: 'You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident'.

No contradiction in the information provided.

Share this post


Link to post
Share on other sites

You just go by your green card. If it expires 20/1/2012, then that's your second anniversary date and count 90 days back. That's when you'll be able to file for ROC.


K-1 Visa Process

February 2008 - Got Engaged

May 23, 2008 - Sent I-129F to CSC

November 04, 2008 - NOA2 Approved

April 03, 2009 - Waiver Appt. Referred April 07, 2009

April 13, 2009 Waiver approved

June 05, 2009 Civil Marriage

AOS

June 16, 2009 AOS packet sent

June 22, 2009 AOS check cashed

June 26, 2009 NOA for AOS & EAD

June 27, 2009 Bio App. Letter Rec'd

July 8, 2009 I-485 transferred to CSC

July 22, 2009 Biometrics Appt.

August 13, 2009 EAD card production ordered

August 21, 2009 EAD card arrives

December 2, 2009 Email notification - Card prod. ordered

December 7, 2009 Green card arrives in mail

December 8, 2009 Welcome letter arrives

LIFTING CONDITION I-751

Septermber 13, 2011 I-751 packet sent to CSC

September 22, 2011 Rec'd NOA1 dated 9/15/11

October 24, 2011 Biometrics Appt. done

March 15, 2012 E-mail notification - Card prod. ordered

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.
×