90 days before 2nd anniversary of being granted conditional Green Card

[franki 0]

Hi All,

Can someone Please help us with this confusion we are facing ...... My Husband has been granted a 2 years of conditional GC through our marriage. It is almost the time that he has to apply to remove this condition from his GC, here are the questions that we are going round the circles from different sources giving us different answers.

Questions:

1. When they mention on USCIS website and all these other sites, that you MUST apply within the 90 days window no LATTER and no EARLIER, What exactly this 90 days mean ?

2. 90 business days? This means 20 days from each month?

3. what about weekends and holidays ?

Please someone help us .....

Thank all

[Darren&Laura 3]

Hi All,

Can someone Please help us with this confusion we are facing ...... My Husband has been granted a 2 years of conditional GC through our marriage. It is almost the time that he has to apply to remove this condition from his GC, here are the questions that we are going round the circles from different sources giving us different answers.

Questions:

1. When they mention on USCIS website and all these other sites, that you MUST apply within the 90 days window no LATTER and no EARLIER, What exactly this 90 days mean ?

2. 90 business days? This means 20 days from each month?

3. what about weekends and holidays ?

Please someone help us .....

Thank all

You need to file during the 90 calendar days before the PR card expires, (this is inclusive of any weekends, holidays, etc.) So for example, if the permanent resident card expires 30th December, then you'd need to send in your I-751 petition after 2nd October. Be sure not to leave it too late to apply - give time in case your package is rejected for whatever reason without acceptance at USCIS, or it is lost in the mail, etc. The onus is on you and your partner to ensure the package is assembled, mailed and accepted at the relevant place.

See http://www.visajourney.com/content/751guide for a full guide of what you need to do to remove conditions of residence.

[OBX 51]

90 calendar days as posted above. This is a handy way to figure it out. Date Calculator

[franki 0]

You need to file during the 90 calendar days before the PR card expires, (this is inclusive of any weekends, holidays, etc.) So for example, if the permanent resident card expires 30th December, then you'd need to send in your I-751 petition after 2nd October. Be sure not to leave it too late to apply - give time in case your package is rejected for whatever reason without acceptance at USCIS, or it is lost in the mail, etc. The onus is on you and your partner to ensure the package is assembled, mailed and accepted at the relevant place.

See http://www.visajourney.com/content/751guide for a full guide of what you need to do to remove conditions of residence.

Apologize if this is a repeat question:

Question, On the article you’ve sent me it states this:

‘’ 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.”

Now the question I have is because we don’t want to miss this ‘’window thing’’ , can we apply like 3 or 4 weeks before the window say the card expires on dec-30th and you’ve mentioned we have to do it after Oct-2nd what if we apply the 2nd day of Sep OR is there any specific window set for this . Do you think if we send this the first week of September they will not send it back to us?

I am sorry if this is confusing. My main goal is NOT to miss this window thing and Do not want them to send the file back to us because it’s too early. Because we are planning to send it like 4 or 3 weeks earlier as the example I stated above.

Please advise

Thanks

[Yurika & Jim 77]

Apologize if this is a repeat question:

Question, On the article you've sent me it states this:

'' 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."

Now the question I have is because we don't want to miss this ''window thing'' , can we apply like 3 or 4 weeks before the window say the card expires on dec-30th and you've mentioned we have to do it after Oct-2nd what if we apply the 2nd day of Sep OR is there any specific window set for this . Do you think if we send this the first week of September they will not send it back to us?

I am sorry if this is confusing. My main goal is NOT to miss this window thing and Do not want them to send the file back to us because it's too early. Because we are planning to send it like 4 or 3 weeks earlier as the example I stated above.

Please advise

Thanks

If USCIS receive your package before 10/01, they will send it back to you! Even 1 day earlier!!

[franki 0]

If USCIS receive your package before 10/01, they will send it back to you! Even 1 day earlier!!

Ok Thanks

[Eric-Pris 1,606]

According to USCIS, you are supposed to apply within 90 days of the expiration of the GC. 90 days is 3 months. You don't need your handy day counter to figure this out, it's not quantum physics. For example, if your card expires on Jan 15th, then they will accept your I-751 anytime between Oct 15th (day 90) and Jan 15th (day 0), you may want to mail it closer to day 90 than day 0, even though you could send it 2 weeks before the expiration date and you'd probably be fine. I would not mail it before Oct 15th though. Unlike some people here have posted, nowhere on USCIS does it say it has to be 90 days "NO EARLIER AND NO LATER" . That's ridiculous, and very #######-retentive.

We recently sent out my wife's. We sent it 2 weeks after the 90 day window started (so about 75 days). It was received by them and a receipt was issued to us.

Edited October 12, 2010 by Eric-Pris

[OBX 51]

According to USCIS, you are supposed to apply within 90 days of the expiration of the GC. 90 days is 3 months. You don't need your handy day counter to figure this out, it's not quantum physics. For example, if your card expires on Jan 15th, then they will accept your I-751 anytime between Oct 15th (day 90) and Jan 15th (day 0), you may want to mail it closer to day 90 than day 0, even though you could send it 2 weeks before the expiration date and you'd probably be fine. I would not mail it before Oct 15th though. Unlike some people here have posted, nowhere on USCIS does it say it has to be 90 days "NO EARLIER AND NO LATER" . That's ridiculous, and very #######-retentive.

We recently sent out my wife's. We sent it 2 weeks after the 90 day window started (so about 75 days). It was received by them and a receipt was issued to us.

Only if each month has 30 days and not all do!

[Eric-Pris 1,606]

Only if each month has 30 days and not all do!

You're kidding, right?

Unless they are completely #######-retentive, they nobody would actually count 90 days and send the package ahead of time to anticipate arrival on the 90th day. Then again, I'm sure there are people like that on here.

If you mail the package out a week or two after the "3 month window" starts, that should cover any potential differences between the 30 and 31-day months.

Edited October 12, 2010 by Eric-Pris

[Brother Hesekiel 2,236]

After reading this thread, I finally believe Darwin's theory of evolution. Mother nature works at its own pace.

No offense intended, just an observation.

[Brother Hesekiel 2,236]

Okay . . . I just figured out a way how to make this process easy to understand!

Judge:

Defendant: you are guilty as charged and you will be put to death within 90 days!

Defendant:

What do you mean with 90 days? Business days?

Judge:

Calendar days!

Defendant:

What about Sundays and Holidays?

Judge:

Within 3 months boy; this ain't quantum physics!

Defendant:

But 3 months is different from 90 days, Judge!

Judge:

Are you friggin' kiddin' me?

Defendant:

No, your Honor! It's just that January has 31 days, and February 27 or 28, depending on whether or not it's a leap year. I really don't want to miss my execution.

Judge:

I understand. Somebody hand me a gun to get it over with!

[OBX 51]

You're kidding, right?

Unless they are completely #######-retentive, they nobody would actually count 90 days and send the package ahead of time to anticipate arrival on the 90th day. Then again, I'm sure there are people like that on here.

If you mail the package out a week or two after the "3 month window" starts, that should cover any potential differences between the 30 and 31-day months.

I totally understand your point (and agree) but it's obvious from the number of times this question has been asked there are many on VJ that would indeed send it in early due to miscalculation.

Kinda obvious from the OP post wouldn't you say?

[VanessaTony 3,567]

According to USCIS, you are supposed to apply within 90 days of the expiration of the GC. 90 days is 3 months. You don't need your handy day counter to figure this out, it's not quantum physics. For example, if your card expires on Jan 15th, then they will accept your I-751 anytime between Oct 15th (day 90) and Jan 15th (day 0), you may want to mail it closer to day 90 than day 0, even though you could send it 2 weeks before the expiration date and you'd probably be fine. I would not mail it before Oct 15th though. Unlike some people here have posted, nowhere on USCIS does it say it has to be 90 days "NO EARLIER AND NO LATER" . That's ridiculous, and very #######-retentive.

We recently sent out my wife's. We sent it 2 weeks after the 90 day window started (so about 75 days). It was received by them and a receipt was issued to us.

Actually 90 days before Jan 15th is Oct 17th, not Oct 15th.

People HAVE had their paperwork sent back for sending it just a few days early. #######-retentive I'm sure, doesn't mean it doesn't happen.

I just realised you think we mean it must be filed on the 90th day. When we say "no later" we mean if it PASSES the expiry date and it hasn't been received then they will most likely put you in deportation proceedings (which you can appeal but ugh, painful).

It does actually say on the paperwork in the window of 90 days, there is no specific day but they WILL NOT accept it too early, and they WILL NOT accept it if it's too late.

[Eric-Pris 1,606]

I just realized that 2012 is a leap year. I have a feeling some people will have to be put on suicide watch when it's their turn to figure out the 90 day window.

[OBX 51]

Actually 90 days before Jan 15th is Oct 17th, not Oct 15th.

People HAVE had their paperwork sent back for sending it just a few days early. #######-retentive I'm sure, doesn't mean it doesn't happen.

I just realised you think we mean it must be filed on the 90th day. When we say "no later" we mean if it PASSES the expiry date and it hasn't been received then they will most likely put you in deportation proceedings (which you can appeal but ugh, painful).

It does actually say on the paperwork in the window of 90 days, there is no specific day but they WILL NOT accept it too early, and they WILL NOT accept it if it's too late.