Removing Conditions

[iceman81]

Hi all! On 10/01 I got a notification/email that my new card is being produced! I am excited and happy to share the news. No interview!

Congratulations!!

[aph]

Hotaru-Grace kaylip Congratulations on your feat.

I have just received my conditional 2yrs GC and I have some questions on ROC and I was wondering if you’d be kind enough to provide some clarifications:

1. When do you apply for ROC?
a. When your marriage is at least 2years old OR
b. Upon expiration of (or close expiration of) the 2year GC?

In my case, at the point of receiving my 2yr GC, we’ve been married for 19months (5 months short of the 24 months) and I was wondering when I would qualify to apply for ROC and a good time to start to apply as well.

2. When you are a conditional 2yr GC holder, are you able to file for your parents? I don’t intend doing so but it’s a thought that flashed through my mind.

Looking forward to hearing from you soon.

Many thanks.

[Hotaru-Grace]

Hotaru-Grace kaylip Congratulations on your feat.

I have just received my conditional 2yrs GC and I have some questions on ROC and I was wondering if you’d be kind enough to provide some clarifications:

1. When do you apply for ROC?
a. When your marriage is at least 2years old OR
b. Upon expiration of (or close expiration of) the 2year GC?

In my case, at the point of receiving my 2yr GC, we’ve been married for 19months (5 months short of the 24 months) and I was wondering when I would qualify to apply for ROC and a good time to start to apply as well.

2. When you are a conditional 2yr GC holder, are you able to file for your parents? I don’t intend doing so but it’s a thought that flashed through my mind.

Looking forward to hearing from you soon.

Many thanks.

Thank you for your kind compliment.

Answer to question 1.
The answer is B. (Specifically within the 90-days before your 2-yr GC expires)

Your Conditional Green Card is good for 2 years. At the bottom of the card there are two dates the first is the date the "Card Expires." The second date is the "Resident Since" date, this is also the date your green card was approved. The two dates will be exactly 2 years apart.

You were given the 2-Year Conditional Green Card because your marriage was less than 2 years old on the date the card was approved. However, for your Removal of Conditions (ROC) you will need to file an "I-751 Petition to Remove Conditions on Residence" form. The only date that matters for filing the I-751 is the expiration date on your Conditional Green Card not the date you were married. YOU MUST FILE FOR YOUR I-751 EXACTLY 90 DAYS OR LESS BEFORE YOUR CONDITIONAL GREEN CARD EXPIRES. If you file your ROC paperwork before the 90-day mark, even by one day, your application will not be excepted by USCIS. Your entire application packet will be rejected and most likely sent back to you.

It clearly takes time for USCIS to process anything so if you wait too long after the 90-day mark your application will not be processed by the time your Conditional Green Card expires and you will be out of status. I don't know if they count the expiration date on your Conditional Green Card as "day 0" or "day 1" when counting backwards on the calendar to "day 90" but I do know that if you send it or date it early even by 1 day it will be rejected. Therefore, I recommend dating your I-751 application as submitted on the 89th day before your conditional card expires and send the package on that day as well. This makes sure you are within the 90-day window (and not before it). This also gives you the maximum amount of time for you to mail your I-751 package to USCIS and for USCIS to do the initial processing of the paperwork to send out your "Letter of Extension" to you before your Conditional Green Card expires. You will then need to carry that extension letter with your now expired Conditional Green Card until they fully approve you I-751 application and send your actual 10-year Green Card to you.

You will need to send your I-751 Application with plenty of proof that your marriage is legitimate. These documents will need to cover the entire marriage from the time your were married until the time you sent in your I-751 application to USCIS so I recommend that you start saving these documents now to prepair for sending your I-751 application.


Answer to Question 2
Yes, you can start filing for your parents as a Conditional Green Card holder.

Best Wishes.

[aph]

Thank you for your kind compliment.

Answer to question 1.
The answer is B. (Specifically within the 90-days before your 2-yr GC expires)

Your Conditional Green Card is good for 2 years. At the bottom of the card there are two dates the first is the date the "Card Expires." The second date is the "Resident Since" date, this is also the date your green card was approved. The two dates will be exactly 2 years apart.

You were given the 2-Year Conditional Green Card because your marriage was less than 2 years old on the date the card was approved. However, for your Removal of Conditions (ROC) you will need to file an "I-751 Petition to Remove Conditions on Residence" form. The only date that matters for filing the I-751 is the expiration date on your Conditional Green Card not the date you were married. YOU MUST FILE FOR YOUR I-751 EXACTLY 90 DAYS OR LESS BEFORE YOUR CONDITIONAL GREEN CARD EXPIRES. If you file your ROC paperwork before the 90-day mark, even by one day, your application will not be excepted by USCIS. Your entire application packet will be rejected and most likely sent back to you.

It clearly takes time for USCIS to process anything so if you wait too long after the 90-day mark your application will not be processed by the time your Conditional Green Card expires and you will be out of status. I don't know if they count the expiration date on your Conditional Green Card as "day 0" or "day 1" when counting backwards on the calendar to "day 90" but I do know that if you send it or date it early even by 1 day it will be rejected. Therefore, I recommend dating your I-751 application as submitted on the 89th day before your conditional card expires and send the package on that day as well. This makes sure you are within the 90-day window (and not before it). This also gives you the maximum amount of time for you to mail your I-751 package to USCIS and for USCIS to do the initial processing of the paperwork to send out your "Letter of Extension" to you before your Conditional Green Card expires. You will then need to carry that extension letter with your now expired Conditional Green Card until they fully approve you I-751 application and send your actual 10-year Green Card to you.

You will need to send your I-751 Application with plenty of proof that your marriage is legitimate. These documents will need to cover the entire marriage from the time your were married until the time you sent in your I-751 application to USCIS so I recommend that you start saving these documents now to prepair for sending your I-751 application.


Answer to Question 2
Yes, you can start filing for your parents as a Conditional Green Card holder.

Best Wishes.

Many thanks Hotaru-Grace for your very detailed and self-explanatory response. You have addressed all my needs and even went beyond.

I appreciate you suggesting to me to start putting together/saving the documents for the application right from now. In fact, I have and let me be quick to add that your post about your experience on filing your I-751 and the documentation you submitted is what I’m using as a guide to prepare for my application.

Many thanks once again.

[Hotaru-Grace]

Many thanks Hotaru-Grace for your very detailed and self-explanatory response. You have addressed all my needs and even went beyond.

I appreciate you suggesting to me to start putting together/saving the documents for the application right from now. In fact, I have and let me be quick to add that your post about your experience on filing your I-751 and the documentation you submitted is what I’m using as a guide to prepare for my application.

Many thanks once again.

You're very welcome aph.