hawaiianflavor

We are getting ready to file our form I-751 REMOVING OF CONDITIONS. It states there that we must file within the 90 days of the second anniversary of the initial approval. Now here’s the dilemma, when we got approved, the INS/BCIS/USCIS agent told us to file the first week of October 2005 for the REMOVING OF CONDITIONS. However, my wife's stamped approval expires January 25, 2006 which really does not add up to 90 days. I tried calling the INS/BCIS/USCIS help line but they seemed out of touch – so I really don’t know – since if we followed the 90 day window we should and need to submit the I-751 packet by October 25, 2005 to make it a full 90 days.

October 25 – November 25 – 30 days
November 25 – December 25 – 30 days
December 25 – January 25 – 30 days


Any advice? Thanks a million

Noorah101

What's the date of expiration on her 2-year green card? That's the date to go by. Count backwards 90 days, and file within that 90-day time frame.

The rule is to file within the 90 day window prior to expiration of the conditional green card.

Rene

hawaiianflavor

her visa is stamped valid until January 25, 2006.

Noorah101

That still doesn't tell me what the expiration date is on her conditional green card.

Her visa has nothing to do with it anymore....that should have already expired. However, you might have meant her "passport" is stamped. Has she not received a permanent resident card yet...i.e., green card??

Rene

hawaiianflavor

oh sorry, I guess I have to double check her card then. I have her passport right in front of me and it states there: CFI valid until January 25, 2006. And we did recieve her green card so I would assume that it has the same expiry date.

Noorah101

If her green card has an expiry date of January 25, 2006, then you can apply to remove conditions within the 90 days just prior to that date.

I would definitely check her green card date, because the passport stamp is typically only good for one year, whereas the green card is valid for 2 years. Unless this is her second passport stamp, you don't want to apply to remove conditions a year early!

Best Wishes,
Rene

hawaiianflavor

thanks and regards!!

ian-mstm

If you count carefully, you'll see that October 25 - January 25 is 92 days. If you file on October 25 or 26, your application will be denied. File between October 27 and January 24 to be sure.

Ian

hawaiianflavor

hmmmm thats interesting, so if I sent in my file by either October 25 to 26 it will be sent back and if I filed by the 27th instead its ok?

Noorah101

It's better to send it a little bit into the 90-day window, just to make sure. A few days won't make a difference in the big picture. Better to wait a few days to make sure, than to send it too early and be rejected. Yes, if you send it before the 90-day window, it will be rejected.

Rene

hawaiianflavor

thanks again. Its just the wife telling me to send it atleast a day before the 90 day period - she's just concerned about losing her job because her green card will expire. So I think we will just send the paperwork by the 26th (and the packet will be there by the 27th) and I think that enough to cover the 90 day window.

Rete

HF

That is NOT a visa. That is the I-551 stamp. I will bet the house on it. You don't get a visa that says "CF-1" which means conditional finance-1.

On what date was she granted residency?

Rete

Noorah101

You can let her know that her green card might expire, but her status does not. She will still be a PR even though her card shows an expiration date.

Even after you send in the I-751, it will take a while to adjudicate. She does not lose her status in the meantime.

I'm not sure if it's the postmark date they go by, or the day they receive it at USCIS, but in any case, I'd wait until you're 100% sure it's within the 90-day window. Don't worry about losing a few days time.

Rene

hawaiianflavor

Hi Rete,

You are right. I was referencing that based on the passport stamped in front of me, I will double check that tonight since her greencard is sitting in our safe at home - but that was the date that was stamped on there. See, the reason for this confusion is that, when we went through our AOS interview, the gentleman who interview us told us to mark our calendars to send out our Removing of Conditions on the first week of October. And if her "stamped passport" states valid until January 26, 2006 - the first week of October does not cut the 90 days mark. I will have the exact date tonight.

Rete

Actually if it is an I-551 stamp in her passport than the stamp is only good for ONE year and NOT two years as the green card is. So therein lies the difference and the potential problem. Knowing when you attended the interview would help in ascertaining when she began her residency. If she attended in January, 2005 then her green card will be valid from January xx, 2005 to January xx, 2007 and the I-551 will say valid until January xx, 2006.

Rete