WHEN TO FILE I-751....I'm confused!!!!

[wilgrace 3]

Hi Guys,

I just want to ask what is the correct time to file 1-751 for removal condition...on my point of entry last June 24, 2010 the officer told me to file a form I-751 90 days before our wedding anniversary....and he gave me this paper with the letter head of HOMELAND SECURTIY CUSTOMS AND BORDER PROTECTION office of Field Operation...memorandum dated June 24, 2010 stated...

To: my name

Pursuant to section 216 of the immigration and Naturalization Act, you have been granted CONDITIONAL PERMANENT residence status as of 24 OCT 2010. You and your petitioning spouse must file a form 1-751, petition to remove the condition on residence with in 90 days period preceding the second anniversary of your admission for permament residence.

If a petition, for 1-751, is not filed within theis period, your conditional permanent residence status will automatically terminate and you will be subject to removal from the United State.....and then the officer let me sign it and he sign it...

I was really confuse for 3 officers doing our papers on our point of entry one for me one for the next window and so the other window...the officer who assist my papers didn's say anything the officer who assist my 13 year old daughter told me that we have been granted 2 year green card stamps on our passport for our married is less than 2 years and we have to wait on the mail later for the immigration will send our 10 year green card after 2 year anniversary of our wedding...and the officer who assist my son papers asked me when did we get married so i said OCT. 24, 2008 and he gave the form which is stated above and said i have to file 1-751 90 days before our wedding anniversary....it's confussing i dont know who i am going to follow.....anyone can help?

Edited July 8, 2010 by wilgrace

[YGandMAT 0]

Hello,

No, it's not the date from your wedding anniversary. It's 90 days before the Conditional green card expires. Look up the guides here at VJ or look at the instructions on the I-751.

[YGandMAT 0]

This is from the guides here at VJ:

For example, my husbands conditional green card expires 9/12/10, so we sent the documents on 6/15/10.

When to File:

If you are filing jointly, 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. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

[DanielParul 50]

You should file within the 90 days window of the expiry date mentioned on your card. In the meantime read the ROC guides and prepare your file. Good Luck!

[wilgrace 3]

You should file within the 90 days window of the expiry date mentioned on your card. In the meantime read the ROC guides and prepare your file. Good Luck!

Is this mean the officer was wrong...and he gave me that paper dated on it and tell me that is the proof to my knowledge and let me sign it and he sign it and he wants my husband to sign it too....

[DanielParul 50]

Check the "when to file' instructions on the Instructions for I-751 straight from the USCIS website.

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

Yes, the officer who told you to file within 90 days of 2nd anniversary of your marriage is WRONG.

[sasaqlain 24]

Your two year count starts from the date mentioned on your COnditional Green Card. Regardless of what the Officer told you. Maybe you misunderstood or maybe he was wrong. 90 days Prior to your Expiry on your Green Card you should initiate a removal of conditions application process.

[Brother Hesekiel 2,236]

Was the officer wrong, or did you misunderstand him?

Let's see what YOU posted here:

To: my name

Pursuant to section 216 of the immigration and Naturalization Act, you have been granted CONDITIONAL PERMANENT residence status as of 24 OCT 2010. You and your petitioning spouse must file a form 1-751, petition to remove the condition on residence with in 90 days period preceding the second anniversary of your admission for permament residence.

Okay, "within" is one word, and "permanent" is misspelled, but still it does not say "wedding anniversary" but "second anniversary of your admission for permanent residence."

In English, admission for permanent residence is the day at which you are considered a permanent resident. You'll find that date on your Green Card.

My guess is, you simply misunderstood the Immigration Officer, just got the "anniversary" part right.

Well, luckily we're here to help and you have plenty of time to get this done.

Edited July 8, 2010 by Just Bob

[YGandMAT 0]

Agree

[wilgrace 3]

Agree

I must misunderstood but why he wrote 24 Oct. 2010..instead of 24 June 2010 for that was the date I enter US? And what is the correct spelling of PERMANENT for you and WITHIN for one word for i am just copying that from the paper they gave to me on my Point Of Entry....I joined this forum to ask about matter i confused of.... but if you just come to just correct my spelling by the way thanks!!!!!(Just Bob)

[Sweet10 5]

Is this mean the officer was wrong...and he gave me that paper dated on it and tell me that is the proof to my knowledge and let me sign it and he sign it and he wants my husband to sign it too....

Yes, ot means the officer who told you that is 90 days prior your wedding anniversary is mistaken.

What he said is wrong, but, the paper he gave you and made you sign and signed as well has the right

information and there is what really counts.