When to file the I-751?

[chili74 0]

http://www.uscis.gov/files/article/B2eng.pdf

Look at this guide! It says in the fourth paragraph

"If your Permanent Resident Card is valid for only 2 years, you are

a conditional resident. You will need to file a petition to remove the

conditions of your residence before the card expires. You may file

this petition up to 6 months before the card expires. If your petition

is approved, you will be sent a new Permanent Resident Card valid

for 10 years. You do not need to file Form I-90. This is discussed

below."

This contradicts the info on the I-751 instructions.

[Killer_Clown_2009 0]

It's an error (what a surprise), if you see, it says later on that you can file within 90 days.

[chili74 0]

In the same document, in the next column, it says "How do I remove conditions on my 2-year conditional

Permanent Resident Card?

Do not use Form I-90 if you are a conditional resident and your

status is expiring. If you are a permanent resident who was granted

conditional permanent resident status, you are required to file a

petition to remove those conditions within 90 days of your card

expiring."

So, taken together, it says literally, you may file up to 6 months before, and then you are required to file the petition within 90 days of your card expiring.

[Immigrant2009 0]

http://www.uscis.gov/files/article/B2eng.pdf

Look at this guide! It says in the fourth paragraph

"If your Permanent Resident Card is valid for only 2 years, you are

a conditional resident. You will need to file a petition to remove the

conditions of your residence before the card expires. You may file

this petition up to 6 months before the card expires. If your petition

is approved, you will be sent a new Permanent Resident Card valid

for 10 years. You do not need to file Form I-90. This is discussed

below."

This contradicts the info on the I-751 instructions.

Hi,

The correct instructions to look at is:

http://www.uscis.gov/files/form/I-751instr.pdf

"If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires."

So file 90 days prior to the expiration of your GC not before e.g. GC expires 04-01-09 so the 90 day window will start around 01-01-09 ( 90 days is not three months) so don't file before 01-01-09 in this example but you can file anytime between 01-01-09 and before 04-01-09. It's always better to file at least 30-60 days before your GC expires, just in case they send your packet back for some reason, you should have enough time to send it back and mostly importantly you should have time to get NOA (Notice of Action =application acceptance receipt+ work and stay extension for 1 year)

I think the other PDF link you gave above might be incorrect or might have outdated info. I always double check the form instruction and the form revised date to make sure I am not using the outdated form or outdated instruction.

I am glad that you did ask this rather than applying 6 monhs before your GC expiration date. They would definitley had sent your application back telling you to apply within the 90 days window and not before.

Good Luck.

Edited June 8, 2009 by Immigrant2009

[chili74 0]

Thanks for replying. I agree that the Instructions for Form I-751 is the definitive guide rather than the "Customer Guide". (http://www.uscis.gov/files/article/B2eng.pdf) The Customer Guide is dated August 2008.

I guess my point is that, as we can see, USCIS is taking LONGER THAN 3 MONTHS to issue the 10-year Green Card, so maybe they say 6 months to give themselves more time to get you the new card before your g.c. expires?

[chili74 0]

http://www.visajourney.com/forums/index.ph...170406&st=0

I just read this thread where the I-751 was sent to CSC too early and got sent back to the filer. Well, that is useful to know! A reason to wait till 90 days prior.