Adjustment of Green Card BEFORE 90 days

[cookieroe97 0]

Hello All,

Hope everyone is well! I've been trying to search and to no avail my situation. Anyway, here it goes:

Wife (Peruvian) and I (American citizen) got married in Peru in May 2006. He recieved her CR-1 and upon entering the U.S., within 30 days recieved her S.S. number. Also, recieved her PERMANENT RESIDENT CARD (aka green card). Now then, on the card it says Resident since: 10/03/06 and expires 10/03/08. We are required to file a I-175 (please correct me if I'm wrong) for an adjustment of status (from temporary to permanent). The new RESIDENT CARD will apparently be valid for 10 years. Here's my question:

My wife and I plan on flying to Peru for Christmas and New Years and leave the 14th of December. Now, we are required to file a AOS 90 days BEFORE Oct 3. Since it takes so long for the new card to arrive, can I apply for it, say, next month (MAY instead of JULY) ??

Hey, thanks again!

ED

[pushbrk 12,824]

Hello All,

Hope everyone is well! I've been trying to search and to no avail my situation. Anyway, here it goes:

Wife (Peruvian) and I (American citizen) got married in Peru in May 2006. He recieved her CR-1 and upon entering the U.S., within 30 days recieved her S.S. number. Also, recieved her PERMANENT RESIDENT CARD (aka green card). Now then, on the card it says Resident since: 10/03/06 and expires 10/03/08. We are required to file a I-175 (please correct me if I'm wrong) for an adjustment of status (from temporary to permanent). The new RESIDENT CARD will apparently be valid for 10 years. Here's my question:

My wife and I plan on flying to Peru for Christmas and New Years and leave the 14th of December. Now, we are required to file a AOS 90 days BEFORE Oct 3. Since it takes so long for the new card to arrive, can I apply for it, say, next month (MAY instead of JULY) ??

Hey, thanks again!

ED

You won't be "adjusting status". You'll be "removing conditions" on the already achieved conditional permanent resident status. I don't think you can apply that early but somebody else can respond more confidently. If the new card is applied for and not received, you can go to your local USCIS office for a passport stamp to suffice in the meantime. Just take your travel itinerary etc. Contact them in advance by email for instructions, if needed.

[cookieroe97 0]

ED

You won't be "adjusting status". You'll be "removing conditions" on the already achieved conditional permanent resident status. I don't think you can apply that early but somebody else can respond more confidently. If the new card is applied for and not received, you can go to your local USCIS office for a passport stamp to suffice in the meantime. Just take your travel itinerary etc. Contact them in advance by email for instructions, if needed.

So, apply on time (in my case in JULY) and IF the new card hasn't arrived by our TRAVEL date, then just head to USCIS office (I believe there is one in downtown Philadelphia) for a stamp?? That easy??? Hey, if that's true (I don't doubt that it is) you just made my day!! THANKS. Also THANK YOU for the clarification on the REMOVING conditions as opposed to CHANGE of status that I thought we were subject to.

Any other opinions??

[jula 0]

So, apply on time (in my case in JULY) and IF the new card hasn't arrived by our TRAVEL date, then just head to USCIS office (I believe there is one in downtown Philadelphia) for a stamp?? That easy??? Hey, if that's true (I don't doubt that it is) you just made my day!! THANKS. Also THANK YOU for the clarification on the REMOVING conditions as opposed to CHANGE of status that I thought we were subject to.

you can't apply more than 90 days before GC expires. So, mid July is fine.

First, your wife will get a letter with the extension of GC validity date for 1 year. She can use that to travel (it says on it she can travel). If she hasn't heard from USCIS by Oct 2009, she can get a stamp. It takes time to "remove conditions".

Edited April 15, 2008 by jula

[cookieroe97 0]

So, apply on time (in my case in JULY) and IF the new card hasn't arrived by our TRAVEL date, then just head to USCIS office (I believe there is one in downtown Philadelphia) for a stamp?? That easy??? Hey, if that's true (I don't doubt that it is) you just made my day!! THANKS. Also THANK YOU for the clarification on the REMOVING conditions as opposed to CHANGE of status that I thought we were subject to.

you can't apply more than 90 days before GC expires. So, mid July is fine.

First, your wife will get a letter with the extension of GC validity date for 1 year. She can use that to travel (it says on it she can travel). If she hasn't heard from USCIS by Oct 2009, she can get a stamp. It takes time to "remove conditions".

Ok, so after sending the packet (I-751, correct?), she will get a letter informing that the packet has been recieved. This letter will be valid as a "temporary green card" so to speak and allow her to travel. You mention that if she doesn't hear from USCIS in a year to call?? I thought it only takes a few to several months for the new 10year Green Card to arrive?

Thanks for the info, appreciate it!!

[Kez/JWolf 6]

So, apply on time (in my case in JULY) and IF the new card hasn't arrived by our TRAVEL date, then just head to USCIS office (I believe there is one in downtown Philadelphia) for a stamp?? That easy??? Hey, if that's true (I don't doubt that it is) you just made my day!! THANKS. Also THANK YOU for the clarification on the REMOVING conditions as opposed to CHANGE of status that I thought we were subject to.

you can't apply more than 90 days before GC expires. So, mid July is fine.

First, your wife will get a letter with the extension of GC validity date for 1 year. She can use that to travel (it says on it she can travel). If she hasn't heard from USCIS by Oct 2009, she can get a stamp. It takes time to "remove conditions".

Ok, so after sending the packet (I-751, correct?), she will get a letter informing that the packet has been recieved. This letter will be valid as a "temporary green card" so to speak and allow her to travel. You mention that if she doesn't hear from USCIS in a year to call?? I thought it only takes a few to several months for the new 10year Green Card to arrive?

Thanks for the info, appreciate it!!

After you file for the removal you will get a NOA1 extending the greencard for 1 year.... it also states on the letter that this extension is good for both international travel and work....

There are many many people on VJ that have waited ober 12 months to get their approval for the 10 year greencard... I have been waiting since Aug 2007 so it can take longer than just a few months.... it depends on which services center you apply to...

If you have not got approval just before the 12 month extension expires you can make an infopass appointment at your local USCIS office and request a I-551 stamp in your valid passport....

Kez

[cookieroe97 0]

Got it, thanks again!!

Ed

[kmineo 0]

Ah a few months, that is very funny , don't we all wish. You would think that it should only take a couple months. I mean it is taking longer to remove our conditions than it did to get the green card in the first place. I think it only took 4 months to get the green card. I think we are on 10 months now for the bloody 10 year green card.

[Yiyi and Chris 0]

Hello All,

Hope everyone is well! I've been trying to search and to no avail my situation. Anyway, here it goes:

Wife (Peruvian) and I (American citizen) got married in Peru in May 2006. He recieved her CR-1 and upon entering the U.S., within 30 days recieved her S.S. number. Also, recieved her PERMANENT RESIDENT CARD (aka green card). Now then, on the card it says Resident since: 10/03/06 and expires 10/03/08. We are required to file a I-175 (please correct me if I'm wrong) for an adjustment of status (from temporary to permanent). The new RESIDENT CARD will apparently be valid for 10 years. Here's my question:

My wife and I plan on flying to Peru for Christmas and New Years and leave the 14th of December. Now, we are required to file a AOS 90 days BEFORE Oct 3. Since it takes so long for the new card to arrive, can I apply for it, say, next month (MAY instead of JULY) ??

Hey, thanks again!

ED

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