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-   -   I-751 Timeline (https://britishexpats.com/forum/marriage-based-visas-35/i-751-timeline-851072/)

victoriarenee9 Jan 19th 2015 7:35 am

I-751 Timeline
 
Hi everyone,

I apologize if this question has been answered somewhere previously, I didn't see it! My husband's conditional status will run out 10/13/2015, and we are trying to get ready to file the I-751, but I have had some conflicting information as to when it should actually be sent in.

On the actual instructions for the form, it says within 90 days immediately before your conditional residence expires.

This past summer, we crossed the border to and from Toronto, and a CBP officer told us that we should start thinking about it soon, as it can take months to clear.

I also made a note on my calendar when we were going through the initial process in 2013 to file it 6 months before the expiry date, I think because I read it in the instructions for the initial application.

So, can anyone shed light on this for me? Also, if anyone has filed recently, what was your experience with the timeline for processing?

Thanks!

Noorah101 Jan 19th 2015 8:01 am

Re: I-751 Timeline
 
The I-751 can ONLY be filed within the 90-day window just prior to the card expiration.

As for timeline, figure 6 months to a year. He will receive a 1-year extension letter after filing, which allows him to travel abroad with the expired card, if necessary.

Rene

civilservant Jan 19th 2015 8:49 am

Re: I-751 Timeline
 

Originally Posted by Noorah101 (Post 11538521)
The I-751 can ONLY be filed within the 90-day window just prior to the card expiration.

As for timeline, figure 6 months to a year. He will receive a 1-year extension letter after filing, which allows him to travel abroad with the expired card, if necessary.

Rene

This. I received my 1 year extension letter a few days ago.

S Folinsky Jan 19th 2015 10:03 am

Re: I-751 Timeline
 

Originally Posted by Noorah101 (Post 11538521)
The I-751 can ONLY be filed within the 90-day window just prior to the card expiration.

As for timeline, figure 6 months to a year. He will receive a 1-year extension letter after filing, which allows him to travel abroad with the expired card, if necessary.

Rene

Pedantic Stuart notes: only the JOINT I-751 has to be within that 90 day window. And even then, a "late" filing will often be excused. As for an "early" filing of the JOINT petition, well, the minions of the Dark Forces are kind of weird about that and will disallow it. The case law they rely on for that proposition [e.g. where filing sets up a "priority date"] really does not apply, but no reason to fight it.

ian-mstm Jan 19th 2015 10:31 am

Re: I-751 Timeline
 

Originally Posted by victoriarenee9 (Post 11538506)
On the actual instructions for the form, it says within 90 days immediately before your conditional residence expires.

This is correct. You have a 90-day window... and you must not file it even one day too soon. Note that 90 days is not the same as 3 months.



I also made a note on my calendar when we were going through the initial process in 2013 to file it 6 months before the expiry date, I think because I read it in the instructions for the initial application.
It says nothing of the sort... so you either misread, or did not fully understand what you read.

Ian

richbogle84 Jan 20th 2015 3:39 am

Re: I-751 Timeline
 
Hi Folks,

Kind of a random follow-up question on this, since I'll be preparing for the I-751 process in the next couple of months, and the answer may also affect the OP.

I understand that you have a 90 day window to file the petition for removal of conditions. I was curious however, does it matter if during the first two years in America you spent three weeks out of the country, for example on vacation to Canada or UK? Does that affect the 90 day window at all?

Thanks, Rich.

ian-mstm Jan 20th 2015 4:11 am

Re: I-751 Timeline
 

Originally Posted by richbogle84 (Post 11539286)
I understand that you have a 90 day window to file the petition for removal of conditions.

Correct.



Does that affect the 90 day window at all?
No. You file based on time as a PR... not based on time inside the US.

Ian

richbogle84 Jan 20th 2015 4:41 am

Re: I-751 Timeline
 

Originally Posted by ian-mstm (Post 11539312)
No. You file based on time as a PR... not based on time inside the US.
Ian

Thanks Ian! :)

janeth8711 Jan 21st 2015 2:52 pm

Re: I-751 Timeline
 
Hi all,

We did the petition for removal of conditions. Our 2 year green card ended july 2014.
We sent in all the paperwork, paid the fees and today in the mail had a congratulations letter saying we had been approved. No interview, all done within 6 months :lol: happy girl

Hope your experience is as easy as ours was.

Good luck

richbogle84 Jan 22nd 2015 4:18 am

Re: I-751 Timeline
 
Hi Janeth,

Thanks for the update, and congratulations on the quick and easy removal of conditions! :thumb:

Do you happen to have a list of what was included in the package you submitted for renewal? Like the OP, I'm beginning to pull the various pieces together for my own submission (which will be in a couple months' time).

Many Thanks,
Rich.

janeth8711 Jan 22nd 2015 11:37 am

Re: I-751 Timeline
 
Thanks .... I don't have a list, but i can remember we sent minimal documents in the application packet.
We sent joint tax returns, bank accounts, deed to the house we own, credit card statements, insurance documents etc...
I didn't send any photos or birth certificates.
Guess we were lucky and the documents we did send were enough.
If you have a bona fide marriage you have nothing to worry about :)

S Folinsky Jan 22nd 2015 12:21 pm

Re: I-751 Timeline
 
General observation -- many people obsess on how much documentation is enough. It is case by case, but it pays to have pity on the poor adjudicator who has to look at this stuff. :)

Some case really don't need all that much. And other, a ton of documentation does not help all that much. No set rules.


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