Removal of conditions

[annasherwood 0]

my husband entered the US on 8 March 2008 with a CR-1 visa; we haven't received his green card yet, but got his SS card after having to go down to the SS office...our wedding anniversary is 14 October (this year will be our second anniversary)

now, if i'm understanding things correctly, we have until 90 days before 8 March 2010 to file for his removal of conditions; is that right? i've read several different things, and i don't understand the whole process...VJ guide says: "the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires." We don't have a permanent residence card---is this his green card? or something else we're missing?

i feel like we're missing a few pieces of the puzzle and i don't know where to go for info...

thanks for your help

anna

[Kathryn41 3,205]

my husband entered the US on 8 March 2008 with a CR-1 visa; we haven't received his green card yet, but got his SS card after having to go down to the SS office...our wedding anniversary is 14 October (this year will be our second anniversary)

now, if i'm understanding things correctly, we have until 90 days before 8 March 2010 to file for his removal of conditions; is that right? i've read several different things, and i don't understand the whole process...VJ guide says: "the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires." We don't have a permanent residence card---is this his green card? or something else we're missing?

i feel like we're missing a few pieces of the puzzle and i don't know where to go for info...

thanks for your help

anna

Yes, the green card is the Permanent Resident card, and you might want to do a follow up to find out why your husband hasn't received his yet. There has been plenty of time since March for it to be generated. When your husband gets his greencard (which is white, btw ) it will have two dates on it - the date it is issued and the date it expires. Those dates are exactly 2 years apart - so in your case it will be March 8, 2010. Remember that date. It is important.

The wedding anniversary date is only important to immigration BEFORE an individual gets their green card. Anyone who enters the US as the spouse of a US citizen and has been married less than 2 years when they officially enter or are granted their green card receives a 'conditional' green card valid for two years. Anyone married more than 2 years when they enter or are approved gets an unconditional green card good for 10 years. After someone has their greencard the wedding anniversary date is no longer important to immigration - the greencard anniversary date is the one that now matters. So, your second anniversary coming up in October will be nice for the two of you to celebrate together but no longer has any bearing on your immigration journey.

About one year and 9 months after your husband entered the US and activated his greencard on March 8, 2008, a 90 day window opens during which the two of you must apply to remove the conditions on his green card - the condition being that you need to prove you have a valid marriage and not one solely for immigration purposes. This is a 'joint' application from the two of you. That means that 90 days before March 8, 2010 - sometime around December 8, 2009 (90 days, not necessarily 3 months) - you can submit the I-751 application to remove conditions. You are not allowed to file to remove conditions before that 90 day window opens but you do need to file before his greencard expires on March 8, 2010.

I hope that helps to clear things up. You have approximately one and half years to wait before you need to worry about filing the I-751, but you can start preparing now. You will need to show how you have joined your lives together financially, physically and socially, so you can start collecting the paper and photographic 'evidence' (bills, letters, invoices, receipts, bank statements, tax documents, etc. that cover the whole timeframe of your marriage) that prove you are indeed a valid, married couple. It is easier to collect it as you go rather than trying to scramble and find stuff all at once when the application is due.

Good luck. You may just want to take a look at the I-751 petition and instructions now so you can see what you need to remember over the next 1 1/2 years.

Edited June 27, 2008 by Kathryn41

[annasherwood 0]

Kathryn--i cannot thank you enough for clarifying that!!! i'm no idiot, but sometimes these immigration issues are difficult to understand

thank you again!!!

anna

[Kathryn41 3,205]

You're welcome - and I fully agree, these immigration documents often appear to have been written by a bunch of monkeys sitting in front of typewriters rather than by sensible, intelligent people.