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yankeedave

Removal of Permanent Residency Conditions

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My wife's two year Green Card will expire on 12/21/2019, so it is time for me to prepare her application for removal of conditions.

Here at the VisaJourney website, I found the Step-by-Step Guide on Removing of Conditions (Form I-751), but I have run into a phrase that puzzles me and I dare not ignore anything or make assumptions while following directions involving bureaucratic procedures.

In the "When to File" section, it says: "
If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card."

My question is, why is the qualifier "If you are filing jointly" included in this sentence? My wife is the one with a conditional Green Card. I am a U.S. citizen, and I am not also filing for a removal of conditions, since I do not have or need a Green Card. This qualifier also seems to imply that if you are not filing jointly, there is a different time window within which to file. Otherwise, why the qualifier?

I am 99% sure that if I just file for removal of conditions within 90 days, we will be fine. But I want to be absolutely sure. Ignoring uncertainties is not a good idea when it comes to filing government documents.

Did the writer of these instructions simply make a mistake by adding this qualifier?
Am I missing something here? Is the qualifier actually relevant and important?

 





 

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  Hello, 

 

I just applied two months ago. I had the same question.

 

I came to the conclusion that by saying "filing jointly" they meant that you are still married to the same person that you married 2 years ago.

 

And yes, the 90-day rule applies to your case.

 

Good luck!   


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11 minutes ago, yankeedave said:

My wife's two year Green Card will expire on 12/21/2019, so it is time for me to prepare her application for removal of conditions.

Here at the VisaJourney website, I found the Step-by-Step Guide on Removing of Conditions (Form I-751), but I have run into a phrase that puzzles me and I dare not ignore anything or make assumptions while following directions involving bureaucratic procedures.

In the "When to File" section, it says: "
If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card."

My question is, why is the qualifier "If you are filing jointly" included in this sentence? My wife is the one with a conditional Green Card. I am a U.S. citizen, and I am not also filing for a removal of conditions, since I do not have or need a Green Card. This qualifier also seems to imply that if you are not filing jointly, there is a different time window within which to file. Otherwise, why the qualifier?

I am 99% sure that if I just file for removal of conditions within 90 days, we will be fine. But I want to be absolutely sure. Ignoring uncertainties is not a good idea when it comes to filing government documents.

Did the writer of these instructions simply make a mistake by adding this qualifier?
Am I missing something here? Is the qualifier actually relevant and important?

 





 

I believe it is because you can file for ROC without your spouse (ie if you've since divorced) along with a divorce waiver. I don't think there's a different timeline even if you are filing with a waiver but regardless if you file within the 90 days you will be good to go! Good luck :) 


Concurrent filing of I-130, I-485, I-765, and I-131 (USC spouse)

Adjusting From: F1 

Local USCIS office: Washington, DC

Service center: NBC

 

AOS Timeline

03/07/2019: FedEx delivery

03/07/2019: Priority / Received date

03/22/2019: Notice of action (Biometrics appointment)

04/01/2019: Completed biometrics 

04/08/2019: Case is Ready to be Scheduled for an Interview

07/05/2019: EAD Card in Production (67 days after expediting)

 

EAD Expedite Timeline: 

04/29/2019: Submitted expedite over the phone based on financial loss to company and myself

05/02/2019: Received email from USCIS requesting evidence in support

05/03/2019: Faxed evidence to USCIS

05/13/2019: Contacted congressman to expedite EAD and provided them evidence in support of request

05/24/2019: Contacted senator to expedite EAD

05/26/2019: Senator requested evidence in support, which I provided on the same day

06/03/2019: Received email from congressman that the case was expedited

06/05/ 2019: Received email from senator that the case was expedited

07/02/2019: Faxed original evidence again along with additional documents to USCIS

07/05/2019: NEW CARD IS BEING PRODUCED!!! (67 days after original expedite request)

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1 hour ago, AOSFairfax said:

I believe it is because you can file for ROC without your spouse (ie if you've since divorced) along with a divorce waiver. I don't think there's a different timeline even if you are filing with a waiver but regardless if you file within the 90 days you will be good to go! Good luck :) 

Those filing with a divorce waiver can file at any time. Those still married have to wait until 90 days before the card expiration date. 


 

 

 

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Posted (edited)
8 hours ago, yankeedave said:

My wife's two year Green Card will expire on 12/21/2019, so it is time for me to prepare her application for removal of conditions.

Here at the VisaJourney website, I found the Step-by-Step Guide on Removing of Conditions (Form I-751), but I have run into a phrase that puzzles me and I dare not ignore anything or make assumptions while following directions involving bureaucratic procedures.

In the "When to File" section, it says: "
If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card."

My question is, why is the qualifier "If you are filing jointly" included in this sentence? My wife is the one with a conditional Green Card. I am a U.S. citizen, and I am not also filing for a removal of conditions, since I do not have or need a Green Card. This qualifier also seems to imply that if you are not filing jointly, there is a different time window within which to file. Otherwise, why the qualifier?

I am 99% sure that if I just file for removal of conditions within 90 days, we will be fine. But I want to be absolutely sure. Ignoring uncertainties is not a good idea when it comes to filing government documents.

Did the writer of these instructions simply make a mistake by adding this qualifier?
Am I missing something here? Is the qualifier actually relevant and important?

 





 

Poor wording in the guide, there are exceptions to the 90 day rule .. should have been worded better

 

You can file the I-751 90 days before the expiration of the conditional green card..

 

https://www.uscis.gov/i-751

 

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

Edited by Hank_

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11 hours ago, yankeedave said:

My wife's two year Green Card will expire on 12/21/2019, so it is time for me to prepare her application for removal of conditions.

Here at the VisaJourney website, I found the Step-by-Step Guide on Removing of Conditions (Form I-751), but I have run into a phrase that puzzles me and I dare not ignore anything or make assumptions while following directions involving bureaucratic procedures.

In the "When to File" section, it says: "
If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card."

My question is, why is the qualifier "If you are filing jointly" included in this sentence? My wife is the one with a conditional Green Card. I am a U.S. citizen, and I am not also filing for a removal of conditions, since I do not have or need a Green Card. This qualifier also seems to imply that if you are not filing jointly, there is a different time window within which to file. Otherwise, why the qualifier?

I am 99% sure that if I just file for removal of conditions within 90 days, we will be fine. But I want to be absolutely sure. Ignoring uncertainties is not a good idea when it comes to filing government documents.

Did the writer of these instructions simply make a mistake by adding this qualifier?
Am I missing something here? Is the qualifier actually relevant and important?


 

 

The qualifier is relevant and important, not everyone files jointly. There are divorce waivers, abuse waivers, widow waivers... "jointly" only means you are still married. Waivers can be filed any time from qualifying for the waiver (eg. divorce being final) but joint petitions are only filed within 90 days of expiration.

 

Also note that for the I-751 the "petitioner" is your wife, not you. 

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19 hours ago, JFH said:

Those filing with a divorce waiver can file at any time. Those still married have to wait until 90 days before the card expiration date. 

thanks for the correction!!


Concurrent filing of I-130, I-485, I-765, and I-131 (USC spouse)

Adjusting From: F1 

Local USCIS office: Washington, DC

Service center: NBC

 

AOS Timeline

03/07/2019: FedEx delivery

03/07/2019: Priority / Received date

03/22/2019: Notice of action (Biometrics appointment)

04/01/2019: Completed biometrics 

04/08/2019: Case is Ready to be Scheduled for an Interview

07/05/2019: EAD Card in Production (67 days after expediting)

 

EAD Expedite Timeline: 

04/29/2019: Submitted expedite over the phone based on financial loss to company and myself

05/02/2019: Received email from USCIS requesting evidence in support

05/03/2019: Faxed evidence to USCIS

05/13/2019: Contacted congressman to expedite EAD and provided them evidence in support of request

05/24/2019: Contacted senator to expedite EAD

05/26/2019: Senator requested evidence in support, which I provided on the same day

06/03/2019: Received email from congressman that the case was expedited

06/05/ 2019: Received email from senator that the case was expedited

07/02/2019: Faxed original evidence again along with additional documents to USCIS

07/05/2019: NEW CARD IS BEING PRODUCED!!! (67 days after original expedite request)

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