remove conditions on residents permit

[Ejele 0]

I came into the US with k1 visa on February 28,2015 and I got married May 6 2015 filed for change of status immediately but I got it April 2016 and to expire 2018 April, please I want to know when am due to file for the 10 yrs permanent resident, cos was told those who came into the US with green card (married) that their days start counting from the day they entered the US, so I mine in that category?

[Duncan21 202]

You should file within 90 days before the expiration date on your green card

[JFH 12,190]

15 minutes ago, Ejele said:

I came into the US with k1 visa on February 28,2015 and I got married May 6 2015 filed for change of status immediately but I got it April 2016 and to expire 2018 April, please I want to know when am due to file for the 10 yrs permanent resident, cos was told those who came into the US with green card (married) that their days start counting from the day they entered the US, so I mine in that category?

You've just answered your own question! You said that people who arrive married start counting the days from the day they arrived in the country (because they are permanent residents from the day they arrive). You arrived with a K-1 - I.e. unmarried! Why would you think you belong to the category of people who were already married when they arrived when you weren't married?

Edited June 8, 2017 by JFH

[geowrian 22,337]

The type of green card (2/10 year) is based on how long you have been married at the time you received permanent residence. Your AOS was approved less than 2 years after getting married, therefore you have conditional status and the corresponding 2 year card.

[JimmyTheKnife 15]

21 minutes ago, Lemon23 said:

@piff Not all people are smart and have the eagerness to search in google that's why they come on this blogs to ask and seek advises same like you, so at least be nice in making a comment.

I consider myself to be a 'smart person', English is my native tongue and I STILL find some parts of the immigration process to be confusing. So yes, it's always best to attempt to be helpful to people who come from different cultures and who's native language is not English. 

[JimmyTheKnife 15]

56 minutes ago, Duncan21 said:

You should file within 90 days before the expiration date on your green card

I agree. Once you file, you will quickly get an acknowledgment letter that also serves as a 1-year extension to the expiration date listed on your Green Card. Once you get that, be prepared to be patient as the 'Removal of Conditions' process can take between 1 to 2 years. 

 

@Ejele, best of luck to you and please continue to use the VJ forums when you need a question answered.

 

JIm

Edited June 8, 2017 by JimmyTheKnife

[geowrian 22,337]

14 minutes ago, geowrian said:

The type of green card (2/10 year) is based on how long you have been married at the time you received permanent residence. Your AOS was approved less than 2 years after getting married, therefore you have conditional status and the corresponding 2 year card.

I just re-read the question and may have misread what was being asked. Whoops.

 

The 2 year - 90 day counter is from when you received permanent residence. This will be 90 days before the expiration of the green card. Anytime from that 90 day period until the expiration is when you need to file for ROC.

[Duncan21 202]

1 hour ago, Ejele said:

I came into the US with k1 visa on February 28,2015 and I got married May 6 2015 filed for change of status immediately but I got it April 2016 and to expire 2018 April, please I want to know when am due to file for the 10 yrs permanent resident, cos was told those who came into the US with green card (married) that their days start counting from the day they entered the US, so I mine in that category?

As mentioned before, you file within 90 days of the expiration date on your green card.  You can use the following calculator to determine your earliest filing date (the earliest date USCIS should receive your documents): https://www.uscis.gov/sites/default/files/dateCalculator.html

[David & Diana R 1,005]

7 hours ago, Duncan21 said:

You should file within 90 days before the expiration date on your green card

WARNING!!!  NO MORE than 90 days before expiration.

[Duncan21 202]

4 hours ago, David & Zoila said:

WARNING!!!  NO MORE than 90 days before expiration.

Please can you explain.  According to https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence 

 

"A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

Removing Conditions

To remove the conditions on a green card based on marriage, you must file Form I-751,Petition to Remove the Conditions of Residence.

To remove conditions on a green card for entrepreneurs, you must file Form I-829,Petition by Entrepreneur to Remove Conditions"

[geowrian 22,337]

1 minute ago, Duncan21 said:

Please can you explain.  According to https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence 

 

"A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.

Removing Conditions

To remove the conditions on a green card based on marriage, you must file Form I-751,Petition to Remove the Conditions of Residence.

To remove conditions on a green card for entrepreneurs, you must file Form I-829,Petition by Entrepreneur to Remove Conditions"

If you file for ROC more than 90 days prior to the expiration, they will reject the application. It must be filed within the 90 day period before expiration (filing late is possible but you need to provide a reason and hope USCIS accepts it)).

[Duncan21 202]

1 minute ago, geowrian said:

If you file for ROC more than 90 days prior to the expiration, they will reject the application. It must be filed within the 90 day period before expiration (filing late is possible but you need to provide a reason and hope USCIS accepts it)).

Got it.  I misunderstood the comment "No more than 90 days...." to mean that is not the requirement anymore.  I do have a more general question regarding this however - can you sign and date the application before this 90-day mark, have affidavits that are signed more than 90 days before, and just mail everything in at the 90 day mark?  I am not ready to file the i-751 as yet but I did see this question unanswered in another thread by another poster, and was curious myself.

[geowrian 22,337]

19 minutes ago, Duncan21 said:

Got it.  I misunderstood the comment "No more than 90 days...." to mean that is not the requirement anymore.  I do have a more general question regarding this however - can you sign and date the application before this 90-day mark, have affidavits that are signed more than 90 days before, and just mail everything in at the 90 day mark?  I am not ready to file the i-751 as yet but I did see this question unanswered in another thread by another poster, and was curious myself.

I'm honestly not sure if it matters when you sign the papers (the rule is that it must not be filed more than 90 days prior to the expiration), but I'd say just sign it before you actually file the papers. The affidavits are secondary evidence and are not actually required, but I'd suggest them anyway. There is no particular timeframe they need to be completed or signed, but I would make sure it's not too early. their purpose is to describe how the individuals affirm that the people are in a bona fide marriage. Just be reasonable and you'll be fine.