Lifting Conditions

[babyvet18fe 1]

Help! I forgot to send the application to life my husbands conditions and his green card expires in a few days. Is he going to get deported? Should I send in the application now, even though its late or will I just lose the money?

Jamie

[Glyn and Kathy 288]

Don't panic...no one is going to come knocking on your door the day the card expires. That being said, it is VERY important you send in whatever evidence you have, the forms, and your check first thing tuesday morning. Send it the quickest way possible and hold onto your receipt showing the date.

[Bill and Vicky 25]

Help! I forgot to send the application to life my husbands conditions and his green card expires in a few days. Is he going to get deported? Should I send in the application now, even though its late or will I just lose the money?

Jamie

That the card is going to *expire* is the first issue. You need to do an I-90. You can do it online at USCIS or fill out a paper form.

Once the card is *renewed*, then you need to do the I-751 to remove the condition.

Care,

Bill

[Glyn and Kathy 288]

That the card is going to *expire* is the first issue. You need to do an I-90. You can do it online at USCIS or fill out a paper form.

Once the card is *renewed*, then you need to do the I-751 to remove the condition.

Care,

Bill

NOOO, I-90 is not for someone with conditional status...."Use this form to replace a "Green Card." (You may also file this form online.) Please note: You should not submit this form if you are a conditional resident and your status is expiring. You must use Form I-751 if you became a conditional resident through marriage to a U.S. citizen or permanent resident." (from USCIS Website) found here

Edited July 3, 2011 by Glyn and Kathy

[Penguin_ie 5,993]

***** Moving from K1 to ROC forum as talk is about lifting conditions *****

[JoannaV 174]

You'll be fine. Just get it sent in asap. It shouldn't take too long to get it together to send off. Personally I would send it asap and not worry if I accidentally leave out some evidence, they can always send a RFE and that's fine!

[babyvet18fe 1]

You'll be fine. Just get it sent in asap. It shouldn't take too long to get it together to send off. Personally I would send it asap and not worry if I accidentally leave out some evidence, they can always send a RFE and that's fine!

Well I dont get paid until next weekend. Will that be too late? Also, why do I have to pay biometrics fee again? We did that two years ago with the original? Is there some kind of grace period or something? I thought I read something about a court date if you didnt lift conditions...Im so worried

[Inky 1,110]

Well I dont get paid until next weekend. Will that be too late? Also, why do I have to pay biometrics fee again? We did that two years ago with the original? Is there some kind of grace period or something? I thought I read something about a court date if you didnt lift conditions...Im so worried

Borrow from a friend and then pay them back when you get paid or get a small loan. You need to get thos papers out ASAP.

[Glyn and Kathy 288]

You need to have a good reason for not filing your ROC on time, and lack of money usually won't cut it. Now, I can tell you that my husbands ROC was several months late...but we had extenuating circumstances. He was due to file last june but things happened and in November we received a notice saying that my husbands status as a conditional resident had been revoked and that if we did not prove that we had filed or have a VERY good reason why we didn't he would face deportation proceedings where he and I would have a chance to explain. I wrote a VERY long letter explaining what had happened in the previous 10 months that had caused our lack of filing along with everything I had as evidence and scraped up the money to file (it wasn't easy). Get the money somehow, borrow it from someone if you must and explain you will pay them back next week. Its just not worth not doing it on time.

As for the biometrics...yes you have to do it again. So does everyone that goes through the process.

Good luck.

[Anh map 2,098]

Well I dont get paid until next weekend. Will that be too late? Also, why do I have to pay biometrics fee again? We did that two years ago with the original? Is there some kind of grace period or something? I thought I read something about a court date if you didnt lift conditions...Im so worried

Send it in ASAP. Borrow a few bucks if needed. There have been VJ members that have been in similar situations and their I-751's were accepted when sent in a few days late.

There are always biometrics. There will be again if you go through Naturalization.

[Catt 6]

Help! I forgot to send the application to life my husbands conditions and his green card expires in a few days. Is he going to get deported? Should I send in the application now, even though its late or will I just lose the money?

Jamie

If his green card expires "in a few days", then right now you are still within the 90 days filing window, so you are NOT late yet. I would do as others have suggested, get the I-751 filled out today, get a copy of the green card (both sides), your check/money order for $590 and add copies of whatever documents you can find today and tomorrow, and send it off Tuesday morning. You can overnight it and have it there in one day. You might get an RFE later down the road, but at least you avoid being late.

[JoannaV 174]

Anyone know if it needs to arrive at USCIS before the expiration date or if proof of postage is enough? If sending it slow-mail on Tuesday would be enough then she could be sure that they wouldn't cash her check till after the weekend?

[Nich-Nick 3,354]

I think I read somewhere it has to arrive on time, not be postmarked.

USCIS says this--

If You Are Late In Applying To Remove The Conditions On Residence

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

• Your conditional resident status will automatically be terminated and we will begin removal proceedings against you
  
• You will receive a notice from us telling you that you have failed to remove the conditions
  
• You will 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 (we are not responsible for proving that you did not comply with the requirements)
  

The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.