Moss246

Hello. My conditional I-485 was approved 11 days before my two year wedding anniversary (and about 22 months after my wife and I petitioned for the I-485).

We thought that we would be eligible for the full 10 year I-485 after two years of marriage, so we filed for the I-751 to remove the conditions of my green card two months after the temporary one arrived. Unfortunately, USCIS returned the 751 petition, claiming that I have to wait to apply 90 days before the temporary green card expires. In effect, we have to wait 4 years after we applied for the I-485 to get an unconditional green card.

Has any one had a similar experience?

Can an exemption be made for us since we have been married for more than two years? I think it is unfair that some couples can get an unconditional green card after only two years of being married, and we have to wait for 4 years after we got married.

Rete

The original status - CPR - is determined by when the AOS was granted in regards to the length of your marriage.

The removal of that condition has nothing to do at this point with the length of your marriage. Please read the I-751 instruction sheet. You are to apply to remove the conditions 90 days before the expiration of the conditional green card which, in your case, is nearly 4 years after your marriage.

S Folinsky

You are correct that it is "unfair." However,the law is pretty clear on this one -- it is a "bright line" matter.

Noorah101

There is a poster here called "usatraveler", he is going to run into your dame situation. His AOS interview is only a few weeks before his 2nd wedding anniversary. So the same thing will happen to him.

Rene

S Folinsky

Many people in that situation "forget" something and get a on-the-spot RFE. No advice given nor intended.

SultanOfSwing

I would think quite a few people would have. I didn't get my conditional green card until a week after my 1st anniversary, which admittedly isn't as long as your wait but I still had to wait until 90 days before my 3rd anniversary to submit the I-751, which didn't get finished with until we'd been married 3.5 years. It's just the way it goes unfortunately.

The upside is that I became eligible to apply for naturalization just a few months after getting my 10 year card. Haven't done it yet but I'll get around to it before too long.

Check the date your residence begins on the conditional green card - it could be that you will become eligible for naturalization before the conditions can be removed. Those who are more knowledgeable that me can confirm/deny this but I believe conditional residence counts towards the 3 years required for a resident married to a USC to apply for naturalization.

At the risk of providing the wrong advice I shall shut up now, but wanted to offer my twopence worth. You'll get there, one thing I realised pretty quickly throughout my K1-LPR process is that there is plenty of waiting to do! At least you are here and have your GC though, that should count for something.

Noorah101

LOL, I can imagine.

S Folinsky

The 1986 "IRCA" legislation created a status of "temporary residence" as part of the legalization and SAW programs -- long expired. The 1986 "IMFA" legislation, signed 4 days after IRCA, created the "conditional" residence status. Congress imported the contract principle of "conditions" into the status. CR status is "permanent" -- however "permanent" status can be lost -- abandonment, removal [aka deportation], or failure to comply with the condition of doing that I-751. No advice intended nor given.

SultanOfSwing

I like your disclaimer at the end of that! But you're quite right, I certainly wouldn't have wanted my wild stab in the dark taken as advice by the OP either.

meauxna

The form instructions though, are very clear about when to file. Two years from receiving your conditional PR status.

Looking over your past posts, it seems that moving offices really tanked your case.
Your case is very atypical.