when do i file for 'full' GC whilst on conditional?

[Bubble3 0]

i came in on a K1 visa, married, then AOS'd. I am currently on a Conditional GC which expires next June.

When do i file to 'lift the conditions' off my GC?

I know some paperwork that i have filed in the past (EAD) has to be received 90 days before the expiration of the existing card.

thanks!!

[JimVaPhuong 4,863]

i came in on a K1 visa, married, then AOS'd. I am currently on a Conditional GC which expires next June.

When do i file to 'lift the conditions' off my GC?

I know some paperwork that i have filed in the past (EAD) has to be received 90 days before the expiration of the existing card.

thanks!!

You have a 90 day window in which to file. This window begins 90 days before the conditional green card expires. If you file too early, even by one day, then it will not be approved (unless you are self-petitioning based on divorce or abuse). You can file late if you have a valid excuse - a reason beyond your control. Continuing from your other post, you cannot file to remove conditions from outside the US, and you do not want to be outside the US when your conditional green card expires - there's a strong chance you would not be readmitted, even to apply for ROC.

[Harpa Timsah 13,258]

You have a 90 day window in which to file. This window begins 90 days before the conditional green card expires. If you file too early, even by one day, then it will not be approved (unless you are self-petitioning based on divorce or abuse). You can file late if you have a valid excuse - a reason beyond your control. Continuing from your other post, you cannot file to remove conditions from outside the US, and you do not want to be outside the US when your conditional green card expires - there's a strong chance you would not be readmitted, even to apply for ROC.

You CAN file for ROC from outside the US. But, as I said, you are responsible to return for all of your appointments. You can also travel with your ROC extension letter, which you will have if you filed for ROC in a timely manner.

I am looking for the citation.

[Harpa Timsah 13,258]

CAN NO LONGER EDIT: Found the citation: Federal Code Regulations 8 CFR 216.4

"(4) Physical presence at time of filing . A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petit ioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in § 211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in § 216.4(b) . An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with § 235.11 of this chapter. "

[JimVaPhuong 4,863]

CAN NO LONGER EDIT: Found the citation: Federal Code Regulations 8 CFR 216.4

"(4) Physical presence at time of filing . A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petit ioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in § 211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in § 216.4(b) . An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with § 235.11 of this chapter. "

My mistake. Thanks!

[Bubble3 0]

are people generally asked to do an interview? it seems like this is determined by the case officer...on a case-by-case situation.

what are peoples expereinces?

would it be better to surrender conditional greencard and then file for a CR2 in the event that we come back, as i will not be able to come back for the interview (if in the event that it is required).