Removal of Permanent Residency Conditions

[yankeedave 1]

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?
 

 

[Vengatore 53]

  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!   

[AOSFairfax 111]

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  

[JFH 12,190]

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. 

[Hank_ 9,174]

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 August 5, 2019 by Hank_

[Mollie09 1,543]

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. 

[AOSFairfax 111]

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!!

[JFH 12,190]

*~*~*moved from “K-1 fiancé visa process and procedures” to “removal of conditions”*~*~*