Do children (K-2) have to wait till 90 days before 2 year anniv?

[james&olya 1,121]

I have a question concerning timing of the filing to remove conditions. For some reason the effective dates for issuance of the provisional green cards was different for my wife and each of her children. We are now within her 90 day window to apply but my daughter will not be within hers till mid December. Since their status derives from hers does their date actually matter and must I wait till mid December and file within that much more constricted window? I am guessing that is what I must do but it would be nice to be able to get it all in the mail now. I appreciate any helpful words of advice from anybody who has been through this. Thanks.

[Navyk 78]

I have a question concerning timing of the filing to remove conditions. For some reason the effective dates for issuance of the provisional green cards was different for my wife and each of her children. We are now within her 90 day window to apply but my daughter will not be within hers till mid December. Since their status derives from hers does their date actually matter and must I wait till mid December and file within that much more constricted window? I am guessing that is what I must do but it would be nice to be able to get it all in the mail now. I appreciate any helpful words of advice from anybody who has been through this. Thanks.

The rule says that as long as the children enter within 90 days of their parent, they can be added in the application of the parent. I understand your logic of waiting for 90 days window for the child/ children and so wait till they are also within 90 days window.

But the fact is that the application is not of the child/ children individually, so their 90 days window should not matter. It is the parent's application and the 90 days window of the parent only should be applicable and the children get joined as long as they entered 90 days within the parent. I can't say with confidence as I have not seen a thread for a case like this before - probably no one thought like you and just filed as soon as the parent was within 90 days window.

If you want to absolutely be certain, then call USCIS and talk to a sensible representative - you will be fortunate to get one.

[Umka36 781]

Your Child’s Conditional Green Card

If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate I-751 application if your child received conditional resident status more than 90 days after you did.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

[Navyk 78]

Your Child’s Conditional Green Card

If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate I-751 application if your child received conditional resident status more than 90 days after you did.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

james&olya, if I were you, I will file as soon as the parents is within 90 days window.