Confused about when to file I-751

[echoota 0]

My wife and I aren't the most organized of people...

She came in on a K-1 visa from Canada in what is approaching two years ago. What we're trying to figure out is when exactly our 90 year window for filing the I-751 kicks off.

First, there is the date when she comes into the States on her K-1 in July of 2006.

Then we get married in August of 2006.

Then it's onto the Adjustment of Status, we're given a notice in October 2006 that it was approved and a green card would eventually show up.

In December the green card finally shows up.

Now the wrinkle... about a year later my wife lost her green card and we had the go through a long process to have it replaced. She finally got a new one. On the replacement green card it says that it expires in October 2008.

I guess my confusion lies with that replacement card. I wasn't sure if the replacement card was altering the date on which her conditional residency expires. Since we lost the old card we don't know what it said on that one. I suppose the confusion has more to do with the timing when the new one was finally issued, roughly around a year after the old one had been issued.

Anyway, am I correct in assuming that the 90 day period to file the I-751 is based around what the green cards expiration date says, when she came in on the K-1 visa, or is the date hidden somewhere in the mounds of paperwork we have filed away?

Thanks!

[DARUMA07 25]

My wife and I aren't the most organized of people...

She came in on a K-1 visa from Canada in what is approaching two years ago. What we're trying to figure out is when exactly our 90 year window for filing the I-751 kicks off.

First, there is the date when she comes into the States on her K-1 in July of 2006.

Then we get married in August of 2006.

Then it's onto the Adjustment of Status, we're given a notice in October 2006 that it was approved and a green card would eventually show up.

In December the green card finally shows up.

Now the wrinkle... about a year later my wife lost her green card and we had the go through a long process to have it replaced. She finally got a new one. On the replacement green card it says that it expires in October 2008.

I guess my confusion lies with that replacement card. I wasn't sure if the replacement card was altering the date on which her conditional residency expires. Since we lost the old card we don't know what it said on that one. I suppose the confusion has more to do with the timing when the new one was finally issued, roughly around a year after the old one had been issued.

Anyway, am I correct in assuming that the 90 day period to file the I-751 is based around what the green cards expiration date says, when she came in on the K-1 visa, or is the date hidden somewhere in the mounds of paperwork we have filed away?

Thanks!

The greencard expiration date.....

[Kez/JWolf 6]

The 90 day window opens 90 days before the expiry date on the greencard....

Kez

[Kathryn41 3,205]

The replacement green card would have the same date as her original green card so the 90 day window starts 90 days prior to the October 2008 date on her card. The 2 year conditional residency starts from when her green card is approved and that is the critical date to remember - not the K-1 date or the marriage date (although you don't want to forget that one either, hehehe!!). Go find a 12 month calendar, look up the date that your wife's green card expires, then count back 90 days. Put a big Red Circle on that date - that is the earliest day you can apply to remove the conditions.

Edited March 30, 2008 by Kathryn41