Married for 2 years, but 1 year left before conditional green card expires

[harry_pothead 0]

I am a US citizen and have told my foreign wife that I want a divorce. Her conditional green card expires in January of 2011 (10 months from now). I posted another post here asking about effects of divorce or legal separation on getting condition removed, but this is a different question so I'm posting it under a different topic.

Can anyone point me to the exact wording of the "condition" for the two year temporary green card? From what I have seen so far, the condition is marriage/residency for two years. If that is the case, then I think she is already eligible for the condition to be removed, since we've been married for 2 years and one month and she has resided with me the entire time. So can I just call the USCIS and ask them to send the new green card?

By the way, the date discrepancy comes from the fact that our green card took forever to get. For example we had to go back 3 times to try to get fingerprints during the green card process, and each time the appointment wait was approximately a month. It basically took a year since the date we were married, and so the two year conditional green card started one year into our marriage.

[Otto 83]

The two year clock started when the original PR/Green Card was issued (which is why it expires 2 years from this date and not any other date). Filing to remove this condition can be filed as soon as 90 days prior to the PR/Green Card's expiration date (which I calculate as being as soon as Oct.13, 2010). USCIS will use the Resident Since date as the only recognized date (not when you got married).

Probably the best reference to point you toward would be the instructions on the I-751 itself (here).

Edited March 1, 2010 by Otto und Karin

[sh18 3]

Yeah, or if you divorce now, she can apply to waive the condition right away after the divorce is final. She will just need to prove it was in good faith.

[harry_pothead 0]

The two year clock started when the original PR/Green Card was issued (which is why it expires 2 years from this date and not any other date). Filing to remove this condition can be filed as soon as 90 days prior to the PR/Green Card's expiration date (which I calculate as being as soon as Oct.13, 2010). USCIS will use the Resident Since date as the only recognized date (not when you got married).

Probably the best reference to point you toward would be the instructions on the I-751 itself (here).

Thanks! I just got the same exact response back from an actual immigration attorney. Here's what he told me:

"To remove the conditions you have to have had the first green card for 21 months."