When should I apply to remove Conditions

[GC2010 7]

My conditions green expire on 8/26/2012 what date should I apply to renew it ?

[markiweiss49 4]

may 26, 2012 and not early than that. should file 90 days before your greencard expires.

[Cino 5]

My conditions green expire on 8/26/2012 what date should I apply to renew it ?

It is funny, we have the same day but different year, mine has already expired on 08/26/2011.

The earliest day is May, 28 2012. If you follow this link you can see the calculation...

http://www.uscis.gov...Calculator.html

By the way, you do not apply to renew the GC separately, but you are required to apply to remove the Conditional Permanent Residency (I-751), once that is approved you will get your 10-yr Green Card anyway.

Edited March 28, 2012 by Cino

[N M 96]

may 26, 2012 and not early than that. should file 90 days before your greencard expires.

Not quite - as CINO says, 90 days prior to August 26 is May 28.

And you can file ANY TIME within 90 days of your greencard expiring. Just make sure your application is received before the expiration date.

I don't quite understand why so many people think they should file 90 days before the expiration date on their GC.

[Inky 1,110]

may 26, 2012 and not early than that. should file 90 days before your greencard expires.

Incorrect. This will have the OPs case REJECTED.

The earliest date to file is Monday, May 28, 2012

http://www.timeanddate.com/date/dateadded.html?m1=08&d1=26&y1=2012&type=sub&ay=&am=&ad=90&aw=

[Mike B. 231]

Not quite - as CINO says, 90 days prior to August 26 is May 28.

And you can file ANY TIME within 90 days of your greencard expiring. Just make sure your application is received before the expiration date.

I don't quite understand why so many people think they should file 90 days before the expiration date on their GC.

Why not? Unless you have some sort of event going on in your life like planned international travel that prohibits you from filing 90 days before, I see no advantage to waiting. You rarely read a post on VJ saying "I wish I had to wait even longer to get everything approved by USCIS."

[Mike B. 231]

Incorrect. This will have the OPs case REJECTED.

The earliest date to file is Monday, May 28, 2012

http://www.timeanddate.com/date/dateadded.html?m1=08&d1=26&y1=2012&type=sub&ay=&am=&ad=90&aw=

Look, I understand the whole idea that you should stick to the rules absolutely and exactly at all times. But is it really clear that his case would be rejected if he mailed off the petition on Saturday instead of Monday? Let's say he sends it on Saturday instead of the next Monday and on top of that even overnights it via Express Mail. It seems to me that it would be vengeful in the extreme for USCIS to tell him "Hey, we got petition within ninety days of your card expiring, the NOA1 date is even after ninety days before the card expiring, but because of our knowledge of how USPS works we can put together that you must have mailed it out two days beforehand and therefore we're rejecting the petition." I guess they might do that, and I agree that there's no reason to give them to opportunity to do that, but it strikes me as perhaps unfounded to just flatly say that his case will be "REJECTED."

[VanessaTony 3,567]

Look, I understand the whole idea that you should stick to the rules absolutely and exactly at all times. But is it really clear that his case would be rejected if he mailed off the petition on Saturday instead of Monday? Let's say he sends it on Saturday instead of the next Monday and on top of that even overnights it via Express Mail. It seems to me that it would be vengeful in the extreme for USCIS to tell him "Hey, we got petition within ninety days of your card expiring, the NOA1 date is even after ninety days before the card expiring, but because of our knowledge of how USPS works we can put together that you must have mailed it out two days beforehand and therefore we're rejecting the petition." I guess they might do that, and I agree that there's no reason to give them to opportunity to do that, but it strikes me as perhaps unfounded to just flatly say that his case will be "REJECTED."

See here's the thing... YOU think "they" (USCIS) should judge early filings by the received/processed date, not the mailing date. Others think they should judge it on the MAILING date and not the received date (for example with RFE's etc where you may need to cut it close for whatever reason). They can't do both.

I'm failing at finding the link to prove this but they go by the mailed date because USPS could be delayed, USCIS could be slow processing.. whatever. I once sent a package back to Australia, supposed to take 7-10 days, it took TWO months. Do you think I'd want to be penalised in cases where the same thing happened with immigration paperwork? That's why you file and keep the mailing receipt.. to prove when you sent it.

Anyway yes, they WILL return it if it's filed early so just wait for the actual date and mail it. My date is a Monday so I'm mailing it on the Monday, rather than the Saturday with the intention of grabbing an extra day which may end up a couple of weeks delayed waiting for them to return it and then resending it.

[Matt & Bing 56]

Why not? Unless you have some sort of event going on in your life like planned international travel that prohibits you from filing 90 days before, I see no advantage to waiting. You rarely read a post on VJ saying "I wish I had to wait even longer to get everything approved by USCIS."

Yes, there's no reason not to but many people seem to think you must file exactly 90 days before your card expires. Your status is automatically extended for one year anyhow.

[newlyweds2010 208]

Look, I understand the whole idea that you should stick to the rules absolutely and exactly at all times. But is it really clear that his case would be rejected if he mailed off the petition on Saturday instead of Monday? Let's say he sends it on Saturday instead of the next Monday and on top of that even overnights it via Express Mail. It seems to me that it would be vengeful in the extreme for USCIS to tell him "Hey, we got petition within ninety days of your card expiring, the NOA1 date is even after ninety days before the card expiring, but because of our knowledge of how USPS works we can put together that you must have mailed it out two days beforehand and therefore we're rejecting the petition." I guess they might do that, and I agree that there's no reason to give them to opportunity to do that, but it strikes me as perhaps unfounded to just flatly say that his case will be "REJECTED."

Unless you want to do an extensive black law and case law research on whether the mailbox rule also applies to immigration law, I would just save my time and send the package within the 90-day window. Simpler, cleaner, safer. There are already enough bumps along the road that are beyond our control: why purposely build an extra bump if there is no reason to do so?

[Cino 5]

Not quite - as CINO says, 90 days prior to August 26 is May 28.

And you can file ANY TIME within 90 days of your greencard expiring. Just make sure your application is received before the expiration date.

I don't quite understand why so many people think they should file 90 days before the expiration date on their GC.

I think you have misunderstood or you want to understand in a wrong day. I did not say "You have to file on exactly on this day i.e. May, 28 2012", I mean the earliest day (1st day) which filing 90-day window opens.

I did say the earliest day is May 28 !....

For example me, same date expiration but a year before which is August, 26 2011. I DID FILE ON AUGUST 12, 2011 which makes it about 2 weeks before. I don't think I am wrong and also I did not throw this day from my stomach, I have taken it from USCIS web site. Here is the web site, maybe you can use it too in the future http://www.uscis.gov/dateCalculator.html

[N M 96]

I think you have misunderstood or you want to understand in a wrong day. I did not say "You have to file on exactly on this day i.e. May, 28 2012", I mean the earliest day (1st day) which filing 90-day window opens.

I did say the earliest day is May 28 !....

For example me, same date expiration but a year before which is August, 26 2011. I DID FILE ON AUGUST 12, 2011 which makes it about 2 weeks before. I don't think I am wrong and also I did not throw this day from my stomach, I have taken it from USCIS web site. Here is the web site, maybe you can use it too in the future http://www.uscis.gov...Calculator.html

CINO - I wasn't replying to you. I was replying to Markiweiss49. He used the word "should".

Why not? Unless you have some sort of event going on in your life like planned international travel that prohibits you from filing 90 days before, I see no advantage to waiting. You rarely read a post on VJ saying "I wish I had to wait even longer to get everything approved by USCIS."

I wasn't saying people shouldn't apply as early as possible, just that they don't have to. You say there's no advantage to waiting - but equally there's absolutely no advantage to filing early in the window. The NOA1 provides a 1 year extension to your GC, so you are still able to work, still able to travel.

There's a widespread misconception on this site that you must file 90 days in advance - and I'm just trying to remind everyone that it's not true. Indeed there could be a big disadvantage if people are rushing to meet a non-existent deadline, and in doing so provide an incomplete/ badly prepared package. That's the quickest way to an RFE, or even an interview.

There's a 90 day window in which people can apply, so apply at the point when you are ready and not before. Just make sure your application reaches USCIS before your GC expires.

Edited March 29, 2012 by N M

[markiweiss49 4]

one member said that he had file 2 weeks before his gc expired. ok, what if your roc package was lost in the mail. next thing you know, as far as uscis is concern, you didn't meet the dead line. i am right when i had said, you should file the roc 90 days before your gc expires. or, within the 90 day period. i didn't say to file before the 90 day. i said, you should file 90 days or within the 90 day period. uscis wants you to file 90 days brfore your gc expires for a reason. there are alot of reasons why uscis wants you to file 90 days before your gc expires or within the 90 day period. the member who file 2 weeks before his gc expired was lucky that his package wasn't lost in the mail. so what i am saying is correct when i use the term, should.

[Mike B. 231]

Unless you want to do an extensive black law and case law research on whether the mailbox rule also applies to immigration law, I would just save my time and send the package within the 90-day window. Simpler, cleaner, safer. There are already enough bumps along the road that are beyond our control: why purposely build an extra bump if there is no reason to do so?

I absolutely agree with you. I do not think that it is prudent to send it a day early. However, I also think that Inky and Vanessa&Tony should not make an empirical claim that flatly states that USCIS will (not may) reject a petition that is mailed a day early and gets to USCIS on the first date it can be filed without some sort of evidence. How can we be so certain? Has it been tested multiple times?

Put it another way: if someone came here and said "I just realized that I accidentally mailed my petition one day early," to be logically consistent Inky and Vanessa&Tony would say "give up hope, there's no way USCIS will accept that petition." I would likewise want to see evidence of that, and, failing that, would be inclined to say "USCIS might not even notice given the overwhelming volume of petitions they receive, and even if they do notice, they may very well use their discretion and adjudicate the petition anyway."

That's the only argument that I am advancing.

[Mike B. 231]

CINO - I wasn't replying to you. I was replying to Markiweiss49. He used the word "should".

I wasn't saying people shouldn't apply as early as possible, just that they don't have to. You say there's no advantage to waiting - but equally there's absolutely no advantage to filing early in the window. The NOA1 provides a 1 year extension to your GC, so you are still able to work, still able to travel.

There's a widespread misconception on this site that you must file 90 days in advance - and I'm just trying to remind everyone that it's not true. Indeed there could be a big disadvantage if people are rushing to meet a non-existent deadline, and in doing so provide an incomplete/ badly prepared package. That's the quickest way to an RFE, or even an interview.

There's a 90 day window in which people can apply, so apply at the point when you are ready and not before. Just make sure your application reaches USCIS before your GC expires.

I agree with you, although I do think there is a slight advantage to having the card early instead of the letter (local cops, DMV, etc. might be more likely to be confused by the letter than the card) and that it's best not to wait until the absolute last minute (package could get lost in the mail, there could be a blizzard that delays the delivery or something, you could get sick or otherwise end up unable to send it). But yeah, point taken: there is no requirement to send the petition exactly 90 days before the green card expires. Agreed.