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confused over date for permanent resident

confused over date for permanent resident

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Old Sep 26th 2009, 3:29 pm
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Red face confused over date for permanent resident

Hi, i was hoping someone would be able to advise me, i have been reading through as many threads as possible but it doesn't seem anyone has this issue (unless i am being completely dense - probably knowing me!). I arrived in the US on 22 Dec 2007 and got married on 30 Dec 2007, but when i received my temporary green card it is dated June 2010. My question is, when do i apply for my permanent resident card (allowing for the 90 days before hand) i either do it now, or apply March 2010. Having read others saying that i can't apply early otherwise it will be ignored/thrown out, i am a bit confused. Please would someone let me know which date i choose. I appreciate all the help i can get.
Thank you so much
Sally
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Old Sep 26th 2009, 3:39 pm
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Default Re: confused over date for permanent resident

Originally Posted by SallyG
Hi, i was hoping someone would be able to advise me, i have been reading through as many threads as possible but it doesn't seem anyone has this issue (unless i am being completely dense - probably knowing me!). I arrived in the US on 22 Dec 2007 and got married on 30 Dec 2007, but when i received my temporary green card it is dated June 2010. My question is, when do i apply for my permanent resident card (allowing for the 90 days before hand) i either do it now, or apply March 2010. Having read others saying that i can't apply early otherwise it will be ignored/thrown out, i am a bit confused. Please would someone let me know which date i choose. I appreciate all the help i can get.
Thank you so much
Sally
Count back exactly 90days from the June date on your card March 2010.

Last edited by Poppy girl; Sep 26th 2009 at 3:43 pm.
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Old Sep 26th 2009, 3:46 pm
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Default Re: confused over date for permanent resident

The date you arrived in the US is irrelevant here, as is the date you got married. You need to apply to remove your conditions DURING the 90 days before the expiry date on your green card. You can't apply any earlier than that, or your application packet will be rejected and returned to you.

There's a date calculator here - you can put in the date your 2-year card expires, and subtract 90 days from that to figure out when your 90-day window opens up.
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Old Sep 26th 2009, 3:59 pm
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Default Re: confused over date for permanent resident

Thank you both so much - i had wiped out of my memory the hassles of the USCIS for the last couple of years... and yet here i am again fretting.
Hope all is going well with you, take care
Sally
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Old Sep 26th 2009, 4:04 pm
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Default Re: confused over date for permanent resident

Originally Posted by SallyG
Hi, i was hoping someone would be able to advise me, i have been reading through as many threads as possible but it doesn't seem anyone has this issue (unless i am being completely dense - probably knowing me!). I arrived in the US on 22 Dec 2007 and got married on 30 Dec 2007, but when i received my temporary green card it is dated June 2010. My question is, when do i apply for my permanent resident card (allowing for the 90 days before hand) i either do it now, or apply March 2010. Having read others saying that i can't apply early otherwise it will be ignored/thrown out, i am a bit confused. Please would someone let me know which date i choose. I appreciate all the help i can get.
Thank you so much
Sally
Hi:

Just a note on terminology. You do not have a "temporary" green card -- you have a "conditional" green card. There was a card from the 1987-88 Legalization Program which was a "temporary resident" card -- that does not apply to you.

Your card is "permanent" but there is a "condition" that the status evidenced by the card will drop dead unless you file to remove the condition.

The terminology is important here because the two year conditional period is "permanent" towards counting for eligibility for citizenship in computing the 3/5 year period.

If it helps, think of the employment arena -- you hired for a job with a six month probationary period -- when you complete the probationary period, your "date of hire" does not change, no?
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Old Sep 26th 2009, 6:13 pm
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Default Re: confused over date for permanent resident

Originally Posted by SallyG
Hi, i was hoping someone would be able to advise me, i have been reading through as many threads as possible but it doesn't seem anyone has this issue (unless i am being completely dense - probably knowing me!). I arrived in the US on 22 Dec 2007 and got married on 30 Dec 2007, but when i received my temporary green card it is dated June 2010. My question is, when do i apply for my permanent resident card (allowing for the 90 days before hand) i either do it now, or apply March 2010. Having read others saying that i can't apply early otherwise it will be ignored/thrown out, i am a bit confused. Please would someone let me know which date i choose. I appreciate all the help i can get.
Thank you so much
Sally

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.

For information on how to “Remove Conditions on Permanent Residence Based on Marriage” or “Remove Conditions on Permanent Residence for Entrepreneurs” see the links to the right.
(hey USCIS, the links aren't there!)

Remove Conditions on Permanent Residence Based on Marriage
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.

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.

How to Apply to Remove the Conditions

You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

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