When you apply for i-751 removal of conditions

[SDNOMAD 17]

Hi there the CO advised me at the time of my POE that i should send in my i-751 removal of conditions 6 months before the expiration of my GC I'm soon approaching this date any advise does it usually fall in that timeframe? Should I send sooner?! 

 

TIA 

[powerpuff 5,914]

~ Topic moved from IR1/CR1 to Removing Conditions on Residency- question is about ROC ~
 

The earliest you can apply is starting 90 days before the expiration date of your conditional green card 

[SDNOMAD 17]

1 minute ago, powerpuff said:

~ Topic moved from IR1/CR1 to Removing Conditions on Residency- question is about ROC ~
 

The earliest you can apply is starting 90 days before the expiration date of your conditional green card 

I see that but at my POE the customs expressed that it's important to submit 6 months in advance so I just wanted some feed back on people's experience I guess and the timeline etc... 

 

Thank you 

[powerpuff 5,914]

1 minute ago, SDNOMAD said:

I see that but at my POE the customs expressed that it's important to submit 6 months in advance so I just wanted some feed back on people's experience I guess and the timeline etc... 

 

Thank you 

Well he doesn’t know anything about USCIS policies/immigration law. You can send it earlier but your application will be rejected and sent back to you. 

Edited March 7, 2022 by powerpuff

[da95826 387]

38 minutes ago, SDNOMAD said:

Hi there the CO advised me at the time of my POE that i should send in my i-751 removal of conditions 6 months before the expiration of my GC I'm soon approaching this date any advise does it usually fall in that timeframe? Should I send sooner?! 

No, your application will be rejected, you can only apply a joint i751 application WITHIN 90 days before your conditional green card expires. If you check the i751 instructions you will see when you can file an i751 application https://www.uscis.gov/i-751.

 

In fact you MUST file within the 90 day window otherwise you will be late or too early. 

 

Between now and when you can file you can collect bona fide marriage proof to submit with your i751 application. Joint Tax Return transcripts for each year of marriage, joint lease, copies of state ID with same address (driver's licenses), w2 or 1099 docs for each year married show common address, joint bills, joint bank statement for each month of marriage, birth record of children together, photos together, proof of travel together, even copy of mail sent common address, and so on.

 

A i751 waiver case can be filed at any time, but the joint l751 must be filed within 90 days of CGC expiration.

Edited March 7, 2022 by da95826

[Crazy Cat 39,340]

1 hour ago, SDNOMAD said:

Hi there the CO advised me at the time of my POE that i should send in my i-751 removal of conditions 6 months before the expiration of my GC I'm soon approaching this date any advise does it usually fall in that timeframe? Should I send sooner?! 

 

TIA 

Sending 6 months early does not apply to removal of conditions.  As others have said, the very earliest USCIS can receive a joint I-751 package is 90 days prior to expiration of the 2 year conditional card.  If CBP told you something different, ignore it.  

Note : I would not send the I-751 package until a couple days after the 90 day window opens.

Edited March 7, 2022 by Crazy Cat

[SDNOMAD 17]

1 hour ago, da95826 said:

No, your application will be rejected, you can only apply a joint i751 application WITHIN 90 days before your conditional green card expires. If you check the i751 instructions you will see when you can file an i751 application https://www.uscis.gov/i-751.

 

In fact you MUST file within the 90 day window otherwise you will be late or too early. 

 

Between now and when you can file you can collect bona fide marriage proof to submit with your i751 application. Joint Tax Return transcripts for each year of marriage, joint lease, copies of state ID with same address (driver's licenses), w2 or 1099 docs for each year married show common address, joint bills, joint bank statement for each month of marriage, birth record of children together, photos together, proof of travel together, even copy of mail sent common address, and so on.

 

A i751 waiver case can be filed at any time, but the joint l751 must be filed within 90 days of CGC expiration.

Thank you very much very informative! Much appreciated. 

28 minutes ago, Crazy Cat said:

Sending 6 months early does not apply to removal of conditions.  As others have said, the very earliest USCIS can receive a joint I-751 package is 90 days prior to expiration of the 2 year conditional card.  If CBP told you something different, ignore it.  

Note : I would not send the I-751 package until a couple days after the 90 day window opens.

Thank you very much 🙌

[mindthegap 2,537]

He is incorrect and it would be rejected if more than 90 days prior to expiry of your 2 year card....unless it is a waiver (divorce/abuse) filing, which can be submitted & will be accepted before or after the usual 90 day window without explanation or penalty

Edited March 7, 2022 by mindthegap

[DCMB 28]

Don't send it prior the 90 Days window, I sent my I-751 5 days earlier from the 90 days because I got scare that due COVID the shipping process would take longer, they received in two days after I send it, they rejected all and send it back this delayed my process almost 2 months.

 

Use this filling calculation to know the exact date:
https://www.uscis.gov/forms/uscis-early-filing-calculator

[mytruelove18 607]

18 hours ago, SDNOMAD said:

Hi there the CO advised me at the time of my POE that i should send in my i-751 removal of conditions 6 months before the expiration of my GC I'm soon approaching this date any advise does it usually fall in that timeframe? Should I send sooner?! 

 

TIA 

My cousin package arrived one day before of 90 days and it was rejected. Then he has to submitted again 

[randy32 165]

I see that someone has a date calculator in this thread.

Personally I say don't try to be smart to get exactly 90 days. Drop it in the mail at the earliest 89 days else you will up having to resubmit.

 

I don't know which time zone USCIS uses. Also if they use the postmarked date or the date of arrival.

 

89 days folks. That's when I will drop it in the mail.

[SDNOMAD 17]

And how long does it take to process and get your new GC and can you leave the country for say a wedding if your current GC expires and you're still waiting on the new one?

[da95826 387]

4 hours ago, SDNOMAD said:

And how long does it take to process and get your new GC and can you leave the country for say a wedding if your current GC expires and you're still waiting on the new one?

If you have a 2 year conditional green card you file an i751 to remove the conditions within 90 days of the expiration of the 2 year card. You get an extension letter for 2 years, most ROC LPR cases are approved within the two years and you get a 10 year green card after ROC approval. 

 

You can travel, get a job, or renew a driver's license with the old expired conditional green card together with the expired green card. 

When you apply for an i751 your LPR status does not expire, only proof of your continued LPR status expires. Only an immgration judge takes away your LPR status.

[SDNOMAD 17]

30 minutes ago, da95826 said:

If you have a 2 year conditional green card you file an i751 to remove the conditions within 90 days of the expiration of the 2 year card. You get an extension letter for 2 years, most ROC LPR cases are approved within the two years and you get a 10 year green card after ROC approval. 

 

You can travel, get a job, or renew a driver's license with the old expired conditional green card together with the expired green card. 

When you apply for an i751 your LPR status does not expire, only proof of your continued LPR status expires. Only an immgration judge takes away your LPR status.

Ok so let's say after 1 year goes by putting me at 3 years as a LPR but I still haven't received my 10 yr GC can I still apply for my citizenship?! 

 

Thanks! 

[mr-mrs-hdc 23]

6 hours ago, SDNOMAD said:

Ok so let's say after 1 year goes by putting me at 3 years as a LPR but I still haven't received my 10 yr GC can I still apply for my citizenship?! 

 

Thanks! 

As long as you are still married you can file for naturalization at 3 year mark with an open I-751 case.