I-751

[miranda 0]

I've read the FAQS about this, but I'm still confused. My husband and I filed the paperwork for his green card, and USCIS received it on September 18, 2006. Today, we have received notification that he has received his green card. In the FAQS section it states that he will probably go straight to permanent resident with no conditions. However the I-751 says it has to be filed before our second anniversary, which was in July. Do we need to file the I-751? If not, where do we go from here?

[l.j./1999 1]

However the I-751 says it has to be filed before our second anniversary, which was in July.

The second anniversary being referred to is the anniversary of your husband becoming a permanent resident... meaning 2 years from now, if your AOS was just approved.

Generally, if you are married two years or more when your AOS is approved, you should get the 10-year unconditional card and not need to apply for Removal of Conditions. However, it is difficult to know exactly when your case was approved if you just got the email today -- sometimes the actual approval date is days, or even weeks earlier.

When you get the greencard, take a look at the expiration date. If the card expires in two years, that means your husband's permanent resident status is conditional, and you will need to apply for Removal of Conditions (with form I-751) during the 90 days just before the GC's expiration date.

[l.j./1999 1]

I just looked at your timeline again, and saw that your legal marriage was in July (I was originally looking at your Sept. 30 marriage date). In that case, you will most likely get the unconditional card expiring in 2018 and not need to apply for Removal of Conditions. I hope that's the case so you can skip this part of the process!

Edited October 1, 2008 by l.j./1999