jom20052005

My CONDITIONAL greencard expires on 10/20/2005 and i am going to file
the joint petiotion, I-751, at the earliest. I am trying to find out if
i can file 3 months before my CPR expiration date or should i exactly
count the 90 days prior to the CPR expiration date ?

eg. Suppose the CPR expiration date is October 20, then what is the
earliest date I-751 can be filed --
Is it October 20th minus 90 days which is 07/22 OR
is it October 20th minus 3 months which is 07/20,(which will let me
file 2 days in advance as opposed to 90 days count!!!)

Also, can i send the application 4 days prior to the 90 day window,to
take care of the mailing dealy, so that the application be received by
USCIS exactly on the first day of the 90 day window ?

Any thoughts/experiences with this situation would be greatly
appreciated.

bionomique

90-days prior is what the instructions suggest, if I remember correctly.

meauxna

The instructions are crystal clear; I recommend that you follow them. Do understand that, depending where you file to, your application may sit in silence for 12-18 months. Four days is not going to help your application, and if it gets 'received' even one day early, thank you $200 and you have to refile.

Instructions:
When to File.
Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.
However, if you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States.

bionomique

'Nother thing. Bear in mind that were any flexibility for petitions arriving prior to the date allowed, they'd have written the instructions to state "3 months prior". The specification of "90 days" clears up any misunderstanding and makes the filing window absolute and standard, regardless of the time of year that an alien becomes eligible.