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I'm confused over dates

By JeffD in Removing Conditions on Residency General Discussion

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JeffD Newbie

JeffD   0

Posted
Filed: AOS (apr) Country: China
 Timeline
Posted (edited)

Hi everyone,

The instructions for filing the I-751 says, "If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires."

 

The USCIS website says, "Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

 

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

 

I'm confused about the date to use in figuring out when to file the I-751.  My spouse arrived in the US on March 24, 2018.  She received her green card on December 17, 2018 (date of residence shown on front of green card).  

 

Is the date she entered the US on a K-1 visa (March 24, 2018) the date that I should use for the 90 days to file the  I-751or is it date she received her green card (December 17, 2018)?

 

I just want to make sure I get it right.

Thanks! 

 

 

Edited by JeffD
Balaji_v Explorer

Balaji_v   121

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted
3 minutes ago, JeffD said:

Hi everyone,

The instructions for filing the I-751 says, "If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires."

 

The USCIS website says, "Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

 

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

 

I'm confused about the date to use in figuring out when to file the I-751.  My spouse arrived in the US on March 24, 2018.  She received her green card on December 17, 2018 (date of residence shown on front of green card).  

 

Is the date she entered the US on a K-1 visa (March 24, 2018) the date that I should use for the 90 days to file the  I-751or is it date she received her green card (December 17, 2018)?

 

I just want to make sure I get it right.

Thanks! 

 

 

It should be the 90 days before the conditional GC expires. The date to be used for 90 day calculation is December 17, 2018.

Removal of Conditions:

08/20/2020 (Day 0)   --- Sent the ROC package to Phoenix, Arizona lockbox through USPS
08/22/2020 (Day 2)   --- Confirmation from USPS that USCIS received the packet.

08/28/2020 (Day 😎  --- NOA1 notification through email and text for the ROC.

09/02/2020 (Day 13) --- Received I-797, 18 month extension letter with notice date as 08/27/2020. 😇

10/17/2020 (Day 58) --- Received Biometrics notification through email and text that finger prints were applied from AOS stage.😁

06/11/2021 (Day 295) --- New Card is produced :dance:

 

Naturalization & US passport:

07/26/2021 (Day 1) --- Applied the form N-400 online and got the receipt notice.

07/28/2021 (Day 3) --- Received Biometrics notification in USCIS online account that finger prints were reused.😁

12/20/2021 (Day 148) --- Received online notification that Interview is scheduled for 01/27/2022 at Detroit USCIS Field Office.:dance:

01/27/2022 (Day 186)   --- Interview was successful but not given out right approval due to A-file not being available.

04/07/2022 (Day 256) --- Received notification that I am in line for Oath ceremony and it will be scheduled :dance:

04/11/2022 (Day 260)   --- Received notification that Oath ceremony was scheduled and notice was mailed. :jest:

 04/26/2022 (Day 275) --- Oath Ceremony.:jest: Became a US Citizen and received the Certificate of Naturalization. 🥰

05/11/2022 (Day 290) -- Applied for US passport at USPS.

05/18/2022 (Day 297) -- State Department site status says my Passport application is received and in progress and was given a locator number starting with 34.🤞

 

 

Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
50 minutes ago, JeffD said:

Hi everyone,

The instructions for filing the I-751 says, "If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires."

 

The USCIS website says, "Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

 

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

 

I'm confused about the date to use in figuring out when to file the I-751.  My spouse arrived in the US on March 24, 2018.  She received her green card on December 17, 2018 (date of residence shown on front of green card).  

 

Is the date she entered the US on a K-1 visa (March 24, 2018) the date that I should use for the 90 days to file the  I-751or is it date she received her green card (December 17, 2018)?

 

I just want to make sure I get it right.

Thanks! 

 

 

 

image.png.724e234761315452bf23efd359891387.png

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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

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