Conditional Green Card expires on Sep 17th

[Ash&Dave 2]

Hey guys,

I've a question for those who may have gone through the similar situation and had to deal with the removal of conditions. My wife and I got married in Nov 2011 but I didn't get my conditional green card until around Sept 2011 as we didn't apply for it until Feb 2012. Anyway, if you do the math, the conditional green card is set to expire on Sep 17th 2014 and unfortunately because of crazy work schedule, I haven't been able to apply just yet.

I'm however filling out the I-751 form as I'm typing this message so I should be able to send it out on Tuesday. I do have a couple of quick questions:

I just read on the website that I could have applied not just 90 days before the conditional GC expires but technically 90 days before the 2nd year wedding anniversary (is that correct)? Because In that case since we got married in Nov 2011, I could have applied as early as Aug 2013? I know it's not even relevant anymore since I didn't apply, but I'm curious about this?

The second and more important question is that from what I've seen, it could take up to 4 months for the 10 year green card to come in, but I guess I'm a little concerned since my 2 Year green card expires on Sept 17th? I've read it somewhere on this forum, that once USCIS received the I751 form and the check (along with the evidence) they will send out the NOA1 form which in theory extends the validity of my conditional Green card for a year? Can you guys confirm that is indeed how it works? I'm concerned because I may have to travel outside of the US and also because by the time the 10 Year GC comes in, it would definitely be after Sept 17th. My Permanent Resident status won't be jeopardize because of that as I would have that one year extension letter, correct?

In hindsight, I should have applied when the window first opened. I'd love to hear from those who may have been in similar situations or know the process better than I do. Thanks in advance.

Dave

[Lainie B 465]

You apply for ROC during the 90 day window before the conditional green card expires. Your second wedding anniversary is irrelevant.

Your receipt for the I-751 will extend your conditional green card for one year. That will allow you to continue to work and travel while you wait for the 10-year green card to be approved.

[Ash&Dave 2]

Thanks Lainie for your quick response, appreciate it. I guess that makes me feel a little better, it would have been a bummer if I was eligible a year ago and just didn't apply

Also, thanks for the second answer, it sounds like as long as I get that NOA document before the expiration date, I should be ok! I'm worried from the HR perspective, I don't want them to send out weird emails to my boss notifying that my GC is about to expire, so I guess what I could do is once I have that NOA (with one year extension) I can take that to the HR and also use that for future travels. I just hope that the HR folks will except that document?

Also, would I be eligible for the citizenship after the three year wedding anniversary or is it also the 3 year anniversary of having a green card (conditional as well as the 10 year one combined)?

Thanks,

Dave

[Lainie B 465]

Nobody from USCIS will email your boss. However if HR happen to inquire about your expiry, just show them the extension letter. They cannot reject it.

You will be eligible for US citizenship after 3 years of having a green card (as long as you stay married during that entire time), not 3 years of being married. Your conditional green card has a "resident since" date on it. That same date will appear on your 10-year green card. That is the date you use to calculate when you are eligible for US citizenship.

[cchhat01 14]

Hi Ash&Dave,

Now would be the time to get a move on with your I-751 filing. As previously mentioned, the 90 day window applies to the period before your Conditional Permanent Resident (CPR) Card Expiration date, nothing to do with the wedding date.

Also, my suggestion is that you read the guide with care and accumulate as much proof as you can with respect to RoC filing.

You should provide solid evidence of "Joint finances" and "Joint Cohabitation", following are some examples:

Tax Transcripts of 1040 filings which should hopefully be joint

Joint checking/savings accounts with account activity, not just money sitting in an account

IRA/401K account with beneficiary info

health/life insurance with beneficiary info

joint credit cards accounts

//cohabitation

both drivers' licenses with matching addresses

utility bills showing residential addresses preferably showing both names

travel plans and itineraries for overseas flights if any (passport exit/entry stamps are good evidence)

pictures of being together at various events over the span of the last 2 years

These are mere examples of what you should send. Some folks send little, some folks send a huge packet with lots and lots of information.

The guide will be your friend.

Best of luck and hope you get this done in time.

Regards,

Chigs