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Filed: Timeline
Posted

Hello,

My wife has a Permanent Resident/Green Card that is due to expires in February 2017. I know I could've looked this information up online, but I feel that you guys are more up-to-date with information. Can you please tell me what is the process for renewal? She is Japanese and is not interested in becoming a US Citizen now (don't think she qualifies either). She'd rather keep her green card status. We live in New York City. Is this easier to do via mail or in-person. Any tips would be appreciated. Thanks.

Posted

You really do need to read through the information found at USCIS.gov/forms. You can also check the guides at the top of every VJ page. Good luck! :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Posted

Your past thread history showed you filed for your wife AOS in 2014.

So she should have 2 years conditional green card.

Hence, your wife should be filing for Removing conditions on residency, Not renewing green card (I-90)

Here is the VJ's guide.

http://www.visajourney.com/content/751guide

Done with K1, AOS and ROC

Posted

Her current card is only for 2 years, and it says "Permanent Resident" on the top

Please explain "Conditional Permanent Residency"?

Answer: A two year Conditional Residency is granted to those who apply for Adjustment of Status based on marriage to a US Citizen. This two year period helps to deter visa fraud and marriages of convenience. During the "conditional" period, you still have all the rights of a Permanent Resident. Your status as a permanent resident expires at the end of this two year period unless you file for lifting of the conditional status.

So you need to file I-751 ROC form.

The ROC application can be filed 90 days before the expiration of the 2 year green card.

You have to show proof of bona fide marriage spanning over the 2 year period.

The cost is $590 including the biometrics fee.

Done with K1, AOS and ROC

Filed: Timeline
Posted

Whoa, I thought that was a typo. How and Why is it so expensive?

I'll probably end up paying it anyway, but as a hypothetical, what happens if I don't file and just let her current card expire? What position would she be in? What would she be considered?

Posted

Even though she isn't interested right now in becoming a citizen, this is an integral part of the process of having a "Permanent Green Card" (which is really only a 10-year green card). You're required to prove, since you and she had been married for less than 2 years when you filed for her in the beginning (hence the CR-1 status) that your marriage is indeed a legitimate one, that you have mingled finances, and other things (health insurance, purchased things together, you're on the same house/apartment lease, you have a living will, credit cards together, etc.). This is the kind of evidence you have to submit for Removal of Conditions on your CR-1, so that she can remain in the country legally and receive a 10-year green card.

After she gets this 10-year card, after 10-years she can renew it in perpetuity; there's no requirement that you must become a U.S. citizen at all. You'd file to renew that 10-year card, 90 days before the date the 10-year card expires, by filing an I-90 form and paying the fee, every 10 years.

"Wherever you go, you take yourself with you." --Neil Gaiman

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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