Should I file removing conditions of green card before or after I come back?

[del-11-03-2013 1]

Hi,

I plan to go back to Malaysia for summer break (From June 1st to August 4th, 2012)and my 2 years green card will expire on October 7th, 2012.

Can I file for removing condition on green card after I come back here? or

Can I ask my husband to help me send the package around July 7th, 2012? (I notice Biometrics appointment usually take place a month after the filing and I will be in U.S by that time)

[God fearing 13]

1328984186[/url]' post='5153026']

Hi,

I plan to go back to Malaysia for summer break (From June 1st to August 4th, 2012)and my 2 years green card will expire on October 7th, 2012.

Can I file for removing condition on green card after I come back here? or

Can I ask my husband to help me send the package around July 7th, 2012? (I notice Biometrics appointment usually take place a month after the filing and I will be in U.S by that time)

I believe they recommend filing 3 mths prior to your 2 nd year. Double check the application instructions on USCIS though.

[N M 96]

The only 2 stipulations are:

- USCIS must receive the application before the expiration date on your 2 year GC.

- You cannot file more than 90 days in advance of the expiration date.

There is (as far as I'm aware) no recommendation that you file early in the 90 day period. That's nothing but a personal preference from some applicants. You can file whenever you want in those 90 days. I see no problem with you waiting to file until you return in August.

The earlier you file, the earlier the process might be completed - but there's never a guarantee. It's not first come, first served.

Edited February 11, 2012 by N M

[del-11-03-2013 1]

Thanks for the clarification. I feel better knowing I can file after I come back to U.S

[God fearing 13]

1328987198[/url]' post='5153069']

Thanks for the clarification. I feel better knowing I can file after I come back to U.S

This is what the instruction say...

"1. Filing jointly. If you are filing this petition jointly withyour spouse, you must file it during the 90 daysimmediately before the second anniversary of the date youwere accorded conditional resident status. This is the dateyour conditional residence expires."

Filing sooner than later is always an applicants preference but as with your case some ppl can't always do it in this manner. Applicants do not like falling out of status and therefore prefer to do filings immediately. It's just personal preference.

[potter1 1]

Prepare your documentation. So, as soon as you get back, you can file.

[God fearing 13]

Prepare your documentation. So, as soon as you get back, you can file.

That makes sense

[aaron2020 11,651]

I believe they recommend filing 3 mths prior to your 2 nd year. Double check the application instructions on USCIS though.

An applicant can file to remove the condition during the 90 days before the 2nd anniversary of being a green card holder. 90 days does not necessarily equal 3 months.

In the OP's case - July and August have 31 days and September has 30 days. Her 2nd anniversary is October 7. If she files on July 7, she would be applying 92 days before the 2nd anniversary. The earliest she can file is July 9.

Does filing 2 days early a problem? Ask people who miss deadlines or jump the gun by a few days. It ain't pretty.

My point is that 3 months does not necessarily equal 90 days.

N M has the best answer.

Edited February 14, 2012 by aaron2020

[Marina-Del 10]

Remember too that if you did find a way to file before you left (like asking a friend or relative to mail the packet for you) that they would also need to be on the lookout for mail for you. Your NOA1 for example or any RFE's and most importantly the biometric appointment date. If you'll be gone for several months, then your appointment might be before you got back and that would be a whole other thing to deal with.

It would probably be safer for you to file when you get back, as long as it's within the 90 day period.