Conditional Removal Question

[Dargo72 0]

First, a little bit about my situation.

My wife came to USA on a K1 Visa with her son. We have been married for just over 2 years and their "2-year" Green Cards are set to expire next March.

I went to the USCIS website and found this:

"Conditional Permanent Residents are given a Green Card that is only valid for two years. Form I-90 should NOT be used to renew a Conditional Permanent Resident status.

Within 90 days of the two-year expiration date, Conditional Permanent Residents are required to file a petition to "remove the conditions" from their Green Card. If your conditional status was based on a marriage, you must file Form I-751, Petition to Remove Conditions on Residence. If your conditional status was based on being an investor, you must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.

Once your petition is approved, you will receive a new Green Card, valid for 10 years. After that point, the typical renewal process (including Form I-90) should be used."

So my question is, do I only need to fill out the I-751 form for my wife and son and the conditional status will be removed AND they'll both get new 10-year Green Cards? I do not need to fill out the separate I-90 forms, correct?

Also, is there just the 1 filing fee and 2 biometrics fees? I do not need to submit a separate filing fee for her son correct?

Finally, I have to wait till I'm within the 90-day to expiration window before filing and cannot file sooner?

Thank you,

[Penguin_ie 5,994]

***** Moving from AOS to ROC (Removal of Conditions) forum *****

[Navyk 78]

First, a little bit about my situation.

My wife came to USA on a K1 Visa with her son. We have been married for just over 2 years and their "2-year" Green Cards are set to expire next March.

I went to the USCIS website and found this:

"Conditional Permanent Residents are given a Green Card that is only valid for two years. Form I-90 should NOT be used to renew a Conditional Permanent Resident status.

Within 90 days of the two-year expiration date, Conditional Permanent Residents are required to file a petition to "remove the conditions" from their Green Card. If your conditional status was based on a marriage, you must file Form I-751, Petition to Remove Conditions on Residence. If your conditional status was based on being an investor, you must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.

Once your petition is approved, you will receive a new Green Card, valid for 10 years. After that point, the typical renewal process (including Form I-90) should be used."

So my question is, do I only need to fill out the I-751 form for my wife and son and the conditional status will be removed AND they'll both get new 10-year Green Cards? I do not need to fill out the separate I-90 forms, correct?

Also, is there just the 1 filing fee and 2 biometrics fees? I do not need to submit a separate filing fee for her son correct?

Finally, I have to wait till I'm within the 90-day to expiration window before filing and cannot file sooner?

Thank you,

1. You need to just apply for ROC using I-751 90 days before the expiry date of your wife's GC - some time in December. Can't file before 90 days window.

2. One applications for both wife and child - yes one application fee and 2 biometric fees to pay. Yes they will get 10 years GC, if approved.

3. No other forms to file except if you guys moved - the change of address needs to be filed using AR-11 (Immigrant wife & Child) and I-865 (USC), if he filed I-864.

Try to gather all the evidence that is needed right from now.

Edited September 24, 2013 by Navyk

[Dargo72 0]

1. You need to just apply for ROC using I-751 90 days before the expiry date of your wife's GC - some time in December. Can't file before 90 days window.

2. One applications for both wife and child - yes one application fee and 2 biometric fees to pay. Yes they will get 10 years GC, if approved.

3. No other forms to file except if you guys moved - the change of address needs to be filed using AR-11 (Immigrant wife & Child) and I-865 (USC), if he filed I-864.

Try to gather all the evidence that is needed right from now.

Thank you very much for the response.

[Kiwitopia 0]

The USCIS website should answer all your fee and form questions

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD