Capn

I'm currently a conditional permanent resident after immigrating to the US to marry my wife in 2001. My paperwork states that I have to file my AOS papers to remove the conditions in October 2003. Howerve3r, it also says that I should submit them earlier than this due to the excessive processing times. My question is, how soon can I file the papers, as I wouldn't want INS to bounce them for being in too early.

Any advice would be greatly appreciated.

Thanks, Ian (Cap'n)

Folinskyinla

Hi:

One -- to get the pedantic part of me out of the way -- you will be petitioning to remove the conditions. You are not "AOS" because you are ALREADY a "permanent resident." However, every grant of PR has certain conditions which keep it from being truly permanent -- e.g. there is a condtion that you not commit certain crimes. In the case of marriage LPR, there is often imposed a "condition" that you file the I-751.

Timeing -- if you and your wife are filing a joint petition, the filing window is the 90 day period preceding the second anniversery of ADMISSION to CPR status. There is a waiver for a LATE filing. There is no waiver for early filing.

If you are filing for a waiver of the joint petition -- you can file at ANY time after the marriage ends -- by death or divorce. The only time limit is that you have to file before leaving the US for good. In the abused spouse situation, you can file at any time.

I've often wondered on an intellectual basis but have never looked it up -- it is possible under certain circumstances for a CPR to naturalize during the conditional period. The law also allows for recission of an AOS within 5 years of a grant and this can happen even after naturalization! Does a USC who immigrated as a CPR and naturalized within the 2-year period have to file an I-751? I don't know. If it ever comes up, I'll look into it.