Do I have a problem?

[kd4pba 0]

Ok so my wife is in Mexico. Her Card expires at the End of Feb. She is to return prior to the expiration, but we have not filed for removing conditions of residency yet. My question is,

When she comes back in Early February, before her card expires, will she have a problem since we have not filed to remove the conditions of residency yet?

[James 2]

Ok so my wife is in Mexico. Her Card expires at the End of Feb. She is to return prior to the expiration, but we have not filed for removing conditions of residency yet. My question is,

When she comes back in Early February, before her card expires, will she have a problem since we have not filed to remove the conditions of residency yet?

No -- as long as you file anytime within 90 days before the card expires, you're okay.

[Jasman0717 9]

You shouldn't have a problem but there could be a period of time when she technically could be out of status. Once I used the correct form for Claudeth's petition it only took about a week to get the extension letter.

[Justin and Masako 0]

Everything I have read has been very clear about applying to remove conditions 90 days before your second anniversary of the date you received conditional status (I had thought this was 90 days before your 2nd wedding anniversary but the following document indicates otherwise).

From: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition. You must file a Form I-751 (Petition to Remove the Conditions on Residence). All petitions should be sent to the Service Center that serves the area where you live. Failure to file will result in loss of your resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.

Hope this helps, though it may be bad news for you.

[Marilyn. 340]

Everything I have read has been very clear about applying to remove conditions 90 days before your second anniversary of the date you received conditional status (I had thought this was 90 days before your 2nd wedding anniversary but the following document indicates otherwise).

From: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition. You must file a Form I-751 (Petition to Remove the Conditions on Residence). All petitions should be sent to the Service Center that serves the area where you live. Failure to file will result in loss of your resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.

Hope this helps, though it may be bad news for you.

you don't have to file exactly 90 days before the 2nd anniversary... you can file anywhere between 90 days and the day the card expires...

[Justin and Masako 0]

Everything I have read has been very clear about applying to remove conditions 90 days before your second anniversary of the date you received conditional status (I had thought this was 90 days before your 2nd wedding anniversary but the following document indicates otherwise).

From: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition. You must file a Form I-751 (Petition to Remove the Conditions on Residence). All petitions should be sent to the Service Center that serves the area where you live. Failure to file will result in loss of your resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.

Hope this helps, though it may be bad news for you.

you don't have to file exactly 90 days before the 2nd anniversary... you can file anywhere between 90 days and the day the card expires...

Ahh, Thanks for noting that. I thought it was an arbitrary time line from the way it was worded. Thats good to know.

[kd4pba 0]

Ok thanks for all the input. I was about to start freaking out. My wife and took our new baby to Mexico for the Holidays, she and the baby are staying until early Feb. Even though she is to return well before the card expires, I was thinking of all the nightmares that could happen.

I will get the paperwork out so that its at least in their hands prior to her return. I will be so glad to be done with these people all this paperwork!

Chris