I-751 conditional permanent resident issue
 

Hi,
I got my conditional greencard(CR6) thru my US citizen spouse after
2.5 years of our wedding.Eventhough i should have received my
unconditional greencard(because our AOS interview and approval was
AFTER our SECOND wedding anniversary) they still gave me a 2 year
conditional greencard and asked me to apply for I751 prior to 90 days
the card expires.
I contacted VSC and explained them the situation , but the
response i received was "apply for I751 prior to 90 days the card
expires."

Is this a local INS office/Service center error that i was given
a conditional greencard(CR6), eventhough our AOS interview and approval
was AFTER our second wedding anniversary ??? Does anybody know how to
correct this error or should i wait for 90 day window to apply for I751
for removal of conditions ?

Any help is greatly appreciated.

Thanks,
JJ.

Re: I-751 conditional permanent resident issue
 

[email protected] wrote:
    > Hi,
    > I got my conditional greencard(CR6) thru my US citizen spouse after
    > 2.5 years of our wedding.Eventhough i should have received my
    > unconditional greencard(because our AOS interview and approval was
    > AFTER our SECOND wedding anniversary) they still gave me a 2 year
    > conditional greencard and asked me to apply for I751 prior to 90 days
    > the card expires.
    > I contacted VSC and explained them the situation , but the
    > response i received was "apply for I751 prior to 90 days the card
    > expires."
    >
    > Is this a local INS office/Service center error that i was given
    > a conditional greencard(CR6), eventhough our AOS interview and approval
    > was AFTER our second wedding anniversary ??? Does anybody know how to
    > correct this error or should i wait for 90 day window to apply for I751
    > for removal of conditions ?
    >
    > Any help is greatly appreciated.
    >
    > Thanks,
    > JJ.
    >

I think this is an error. Unfortunately it may be hard to fix now
unless the interview was recent.

I would start by taking it up with the local office that adjudicated the
case. Another tactic might be to file Form I-90 and ask for a new GC
that doesn't have the condition.

Or, you could Not Fight City Hall and just file the I-751.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Re: I-751 conditional permanent resident issue
 

Thanks very much for your response Jonathan.My Condtional card expires
in
AUGUST this year.So should i wait for the 90 day window till MAY to
submit I-751, or just send the I-751 NOW and see if they can fix the
error right now ? I have some travel plans outside usa for a month in
MAY, which makes the situation worst.Any suggestions ...

Thank you,
JJ.



Jonathan McNeil Wong wrote:
    > [email protected] wrote:
    > > Hi,
    > > I got my conditional greencard(CR6) thru my US citizen spouse
after
    > > 2.5 years of our wedding.Eventhough i should have received my
    > > unconditional greencard(because our AOS interview and approval was
    > > AFTER our SECOND wedding anniversary) they still gave me a 2 year
    > > conditional greencard and asked me to apply for I751 prior to 90
days
    > > the card expires.
    > > I contacted VSC and explained them the situation , but
the
    > > response i received was "apply for I751 prior to 90 days the card
    > > expires."
    > >
    > > Is this a local INS office/Service center error that i was
given
    > > a conditional greencard(CR6), eventhough our AOS interview and
approval
    > > was AFTER our second wedding anniversary ??? Does anybody know how
to
    > > correct this error or should i wait for 90 day window to apply for
I751
    > > for removal of conditions ?
    > >
    > > Any help is greatly appreciated.
    > >
    > > Thanks,
    > > JJ.
    > >
    > I think this is an error. Unfortunately it may be hard to fix now
    > unless the interview was recent.
    > I would start by taking it up with the local office that adjudicated
the
    > case. Another tactic might be to file Form I-90 and ask for a new GC

    > that doesn't have the condition.
    > Or, you could Not Fight City Hall and just file the I-751.
    > --
    > Above intended as general commentary, not specific legal
    > advice. Your mileage may vary.
    > ================================================== =============
    > Jonathan McNeil Wong Voice: 510-451-0544
    > Donahue Gallagher Woods LLP Facsimile: 510-832-1486
    > P.O. Box 12979 URL: http://www.donahue.com
    > Oakland, CA 94604-2979 E-mail: [email protected]
    > ================================================== =============

Re: I-751 conditional permanent resident issue
 

Hi JJ,

You can't file the I-751 any earlier than the 90-day window they allow. If I were you, I'd go ahead and travel in May with your conditional card, and when you return, file the I-751 for removal of conditions before August (unless you were planning to be gone longer than that). I know it was a mistake for them to issue the conditional card in teh first place, but since it's almost time to remove the conditions, I think it would be hard to correct the error, given it was almost 2 years ago.

Best Wishes,
Rene

Re: I-751 conditional permanent resident issue
 

[email protected] wrote:

    > Thanks very much for your response Jonathan.My Condtional card expires
    > in
    > AUGUST this year.So should i wait for the 90 day window till MAY to
    > submit I-751, or just send the I-751 NOW and see if they can fix the
    > error right now ? I have some travel plans outside usa for a month in
    > MAY, which makes the situation worst.Any suggestions ...
    >

Don't send it until you are in the 90 day window. I suspect it would be
sent right back to you. If you are close to the travel date try to get
to the local CIS office to get a I-551 stamp in your passport. You may
need to schedule an appointment using Infopass <http://infopass.uscis.gov/>

Re: I-751 conditional permanent resident issue
 

We have seen this matter on several occasions that the approval was after the second anniversary date and still the recipient was a conditional rather than lawful PR. Normally this occurs if you entered with a K-1 fiancee visa. Our DAO in NYC stated that K-1 were not entitled to unconditional status regardless of how long they were married at the time of AOS. Such was the case as well for Margaret and others where the DAO said they know what the law says and their DO choses to handle it in this manner.

My opinion, accept the card and file for removal in 1 year and 9 months.

Rete

Re: I-751 conditional permanent resident issue
 

Hi:

I'd do an I-90 now to correct the error. If that doesn't work, then do an I-751 when the time comes. The I-90 should be a FREE filing. And I would submit your marriage certificate and a copy of the approval notice.

As the Honarable Willie Brown once said: "We can add."

Re: I-751 conditional permanent resident issue
 

I had the same thing happening to me last month... the approval date of my green card was more then two years after I got married to my husband. After I got the approval notice I tried to called the (mis-)information hotline a couple of times, but they just told me that I couldn't do anything about that. So I made an infopass appointment at my local office. That was last week, and (miracles happen!!!) they apologized 3 times in a row for making a mistake!!! ... they tried to track down my file in the system, but it was already sent to Lincoln, and so was the print request to the big “green card printer�.... they told me to wait until the conditional green card arrives in the mail (which was today) make another infopass appointment, fill out a I-90, bring a copy of the marriage certificate, my drivers license (front and back), two pictures and my passport.... and then they would correct the error (at no cost to me)!!!! At that time they will also stamp my passport.
Make an infopass appointment.
Good luck to you!

Re: I-751 conditional permanent resident issue
 

[email protected] wrote:
    > Thanks very much for your response Jonathan.My Condtional card expires
    > in
    > AUGUST this year.So should i wait for the 90 day window till MAY to
    > submit I-751, or just send the I-751 NOW and see if they can fix the
    > error right now ? I have some travel plans outside usa for a month in
    > MAY, which makes the situation worst.Any suggestions ...
    >
    > Thank you,
    > JJ.
    >

I would not wait for the 90 day window; I'd file the I-90 now. The
I-751 is not the right vehicle to correct the error. If you decide Not
To Fight City Hall then wait for the 90 day window (i.e., concede the
condition), then file your I-751.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============