mcjimbo

Hi everyone!

Long time no speak!

Well i've been married and living in the U.S. just over 2 years. We had our anniversary last month, July 10th!

I'm not sure if i've dropped the ball on the immigration process. I'm wondering when I need to file the I-485 for AOS?

My Permanent Resident Card says it expires 02/04/07. From what I remember you need to file 90 days before it expires? Is there any harm in filing it now?

Thanks in advance, Feels great to be back here and from someone who's been from the K1 end to end its worth it!

James and Angie

Ray

Of course you can ...and it will be returned a few weeks later ....
They say 90 days ...they mean 90 days ....

Folinskyinla

Hi:

No need to file an AOS on form I-485 -- you already have permanent residence.

The harm in filing the **I-751** early is that you will lose the filing fee.

Noorah101

Hi James,

Are you confused about what you need to file? If you entered on a K-1, and now have your permanent resident card (the 2-year one), then you'll be filing I-751 to remove conditions. NOT I-485 for AOS. If you already have your green card, you've already done the I-485 AOS.

If you mean the I-751, you can ONLY file during the 90 day window before your current green card expires. If you file now, it will be denied and you'll lose the fee, and have to refile again anyway at the right time.

Best Wishes,
Rene

mcjimbo

Thanks so much!

Rete

First you are in the wrong forum and second you are way off radar with your assumption as to what needs to be done.

You are a resident already through adjustment of status based on marriage to a USC. You are not applying for residency but for the removal of conditions to the residency you have been given.

Use form I-751 and include evidence of your continued marriage both financially and socially. You are eligible to apply for removal of conditions based on the dates on your green card NOT ON THE DATE OF YOUR WEDDING ANNIVERSARY as you know. Caps are for those who do not know.

You can apply 90 days before the expiration date on the green card. Not one day sooner, not one hour sooner. They will keep your check and return the petition and you have to do it all over again. Count back 90 days from Februrary 4, 2007 and mail at that time or later.

Rete

meauxna

James, please see the uscis.gov page on the topic:

http://www.uscis.gov/graphics/howdoi/remcond.htm
How Do I Remove the Conditions on Permanent Residence Based on Marriage?

Background
A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
(more, including filing instructions)