I-751, Removal of Conditions

[CodyM 0]

So my wife recently finished her visa interview and was approved. She hasn't yet left Italy to come here to California. She wants to come stay for a short at the end of the month. Were getting close to our two year anniversary (21 days we will be 3 months from anniversary.) I know were supposed to start the I-751 form to remove the conditions of her temp. green card she will get when she arrives in the US. Once we start the I-751 can she leave to go back to Italy? Her plan is to go back and forth over the next year. Can she leave and fly back when we find out when the biometrics appointment is? Or is it better to wait here and goto the biometrics appointment then go back to Italy? Or is it possible she has to wait here until her permanent green card comes? Thanks for any advice on the leg of the journey.

[lost_at_sea 995]

You do RoC in the 90 day window before the expiry date of the conditional greencard (which is 2 years after entry on the visa - it says the date on the card she receives after entry on the visa). Has she entered the USA on her visa yet? If not, then... you've nothing to remove conditions on yet (which would be in 2 years time less the 90 days).

Once you start RoC, you'll get an NOA1 that extends the GC validity for 1 year. She should travel with the GC + that letter to get back into the USA while RoC processes. But, again, if she hasn't entered on her visa yet...

If she's not entering the USA until after your 2 year wedding anniversary, she'll get a 10 year GC straight away and there will be no RoC. When does her visa expire, though?

Edited December 7, 2014 by lost_at_sea

[CodyM 0]

She hasnt entered the US yet. Last time she was here was when we got married 2 years ago. She just got her approval after the interview in italy about a month and a half ago. So, since she hasnt entered the us, we dont need to file the i-751 until the two years after she enters? So if she comes the end of this month we wont have to start it until about 21 months later?

[lost_at_sea 995]

She hasnt entered the US yet. Last time she was here was when we got married 2 years ago. She just got her approval after the interview in italy about a month and a half ago. So, since she hasnt entered the us, we dont need to file the i-751 until the two years after she enters? So if she comes the end of this month we wont have to start it until about 21 months later?

That's right.

She'll enter on her visa. About 1 - 3 months later, her conditional GC will show up by mail, then in the 90 day window before her 2-year entry anniversary you do the RoC.

Right now: If she wants to enter and immediately travel she'll get a stamp in her passport that endorses her visa, therefore the visa acts as a 1 year temporary GC (I-155) while the physical card shows up in the mail, so don't worry about that either.

[CodyM 0]

Thank you so much! You just made me and my wife's life so much easier!

[NikLR 13,227]

~~moved to ROC discussion from IR1/CR1 process and procedures. ~~

If you could fill out your timeline that'd be wonderful

http://www.visajourney.com/timeline/profile.php?id=156086

Also just to note if you've been married for 2 or more years at POE the beneficiary does not have to remove conditions.

When does her visa expire?