removing conditons on residency

[alexandra 0]

Hi everyone! Just wanted to know your thoughts about my case. My 2 yr conditional green card exprires on February 23, 2007. I have counted 90 days back wards so I know when exactly I am suppose to file my petiition to lift the condition and I came up with November 22, 2006.

To make sure that I was correct, I went to the local district immigration office here in my place only to hear that the correct date of filing is Dec 24 2006. I called the USCIS again and they told me that it should be Dec 24, 2006.

Just the other day however, I spoke to one of the USCIS representatives over the phone and she said, the filing date should be Nov. 24, 2006.

I'm really confused but I'm preparing all the documents and I'm planning to file it on the 23rd of this month.

What do you guys think? Why are they giving separate answer for one and the same question?

Pls. let me know of your thoughts about this before I make a mistake.

Thanks,

Alexandra

[YuAndDan 153]

You can file anytime with in the 90 days. Go with what the instructions say on form I-751

When to File.

Filing jointly. If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

I-751

Any time you call them thay can give you any answer they want they tend to quote stuff from their recollection. It is always best to read the instructions.

[I'm Gone 60]

Obviously math isn't required to be hired at USCIS. LOL It's 90 days from the date your card expires (two years from when AOS was approved) which would be sometime in November. So anytime within that 90 day period you can apply.

[sparkofcreation 0]

I'm sure people have linked to calculators here, but by my math, 90 days from February 23 is November 25. (Since December and January both have 31 days, the date gets later by a day going from Feb. to Jan. and Jan. to Dec.: 30 days = January 24, 60 days = December 25. Then November only has 30 days, so 30 days more [90 days total] = November 25.)

[I'm Gone 60]

http://www.calendarhome.com/cgi-bin/date2....&wd2=Friday

[sparkofcreation 0]

http://www.calendarhome.com/cgi-bin/date2....&wd2=Friday

Whaddaya know, my math was right on. November 25 it is. So you can file any time between November 25 and February 22. Though it's probably a wise idea to file closer to the start than the end just in case! http://www.calendarhome.com/cgi-bin/date2....&wd2=Friday

[RCP 0]

Here's mine:

My Card expires on January 27, 2007 and I filed my I-751on November 6, 2006.

I think you can file by the first week of December just to be safe.

hope it helps........

Edited November 13, 2006 by RCP

[hcj 0]

By my calculation your 90 day window starts Nov 26, 2006.

Days in February ending with Feb 23: 23 days

Days in January: 31 days

Days in December: 31 days

Days in November beginning Nov 26 and ending Nov 30: 5 days

23 + 31 + 31 + 5 = 90 days

The first day you may file is Nov 26, 2006

The last day you may file is Feb 23, 2007

I always tell people that just to be safe, they should not file at the very beginning or the very end of the window. Just in case the math was wrong. File a week or at least a few days into the window, that way even if you're off by a few days you will probably be OK.

[sparkofcreation 0]

By my calculation your 90 day window starts Nov 26, 2006.

Days in February ending with Feb 23: 23 days

Days in January: 31 days

Days in December: 31 days

Days in November beginning Nov 26 and ending Nov 30: 5 days

23 + 31 + 31 + 5 = 90 days

The first day you may file is Nov 26, 2006

The last day you may file is Feb 23, 2007

I always tell people that just to be safe, they should not file at the very beginning or the very end of the window. Just in case the math was wrong. File a week or at least a few days into the window, that way even if you're off by a few days you will probably be OK.

That's because you're not counting *back from* February 23, you're including February 23 in your calculations.

There are two different ways of counting days, but in the US we usually count "today until tomorrow" is one day; "today [sunday] until next Sunday" is seven days, etc. So by that method, 90 days is November 25, as I said above. By the dates you used above, 22 days back is February 1, 23 days back is January 31, 54 days back is December 31, 85 days back is November 30, and then 90 days back is November 25.

In some places, however, people count whole days. For example, in Spanish if something happened a week ago, you say "eight days ago" because you count both today (Sunday) and last Sunday in those 8 days. If you get paid every two weeks, you say you get paid "every fifteen days" because you always get paid on Friday and count the Fridays at both ends. By that method, you are correct that November 26 is 90 days.

I don't think most English speakers (at least, not most Americans) would count the days at both ends. As another example, I work for the federal courts. Last Thursday (the 9th) I heard a judge order someone to do something "within 20 days, so by November 29th." By the counting method you used above, November 9 to November 29 would have been 21 days, but to the judge and to me (and, I assume, to most Americans and to the USCIS), it's 20 days.

[hcj 0]

Hi Bethany,

**Warning totally pedantic discussion ahead**

I guess it depends on whether we count the expiration date itself as part of the 90 days. My understanding is that you may file all the way up until the actual expiration date, and that the total window is 90 days long.

By my count, that 90 day window would start Nov 26. Or, at exactly 12:01am on Nov 26, one minute after Nov 25 ends.

If we start the window at 12:01am on Nov 25, the 90 day window would end on Feb 22 at midnight. If you also counted Feb 23, that would make it a 91-day window.

90 days is 90 days, if you count out the days on a calendar, Nov 25 counts as a whole day, Nov 26 counts as a whole day. If you say "exactly 90 days from this moment/today, Nov 25" then I would agree that the answer is "the same time on Feb 23". And since we aren't usually that precise, most people would give you till the close of business on Feb 23. But that's not what USCIS is saying. They're saying there's a window for filing, and it's the 90 days immediately prior to your expiration date. So the only thing that would make it Nov 25 rather than Nov 26 is if we do not actually count the expiration date itself as one of the 90 days.

I don't definitively know the way the USCIS counts it and I'm not claiming they count it my way. This is just my interpretation of USCIS instructions and this way makes sense to me because otherwise you would end up with a 91 day window no matter which way you look at it. I'm not doing it from a English speaker's way or a non-native speaker's way -- I'm just doing it mathematically and literally counting out 90 days exactly, down to the minute.

Of course all this is just more fun for you and me... for the OP, I tend to think it is best to err on the side of caution and wait a few days to make sure they are solidly in the 90 day window before filing.

[I'm Gone 60]

With 90 days to file why is it even being discuss at what point the 90 days starts or ends. Why would you even leave yourself open to either filing too early or too late when you have a 90 day window. Send it in the 1st of December.

[haozi101 0]

Hi everyone! Just wanted to know your thoughts about my case. My 2 yr conditional green card exprires on February 23, 2007. I have counted 90 days back wards so I know when exactly I am suppose to file my petiition to lift the condition and I came up with November 22, 2006.

To make sure that I was correct, I went to the local district immigration office here in my place only to hear that the correct date of filing is Dec 24 2006. I called the USCIS again and they told me that it should be Dec 24, 2006.

Just the other day however, I spoke to one of the USCIS representatives over the phone and she said, the filing date should be Nov. 24, 2006.

I'm really confused but I'm preparing all the documents and I'm planning to file it on the 23rd of this month.

What do you guys think? Why are they giving separate answer for one and the same question?

Pls. let me know of your thoughts about this before I make a mistake.

Thanks,

Alexandra

My card expiration date is very close to yours. It is Feb 27, 2007. I am planning to send out I-751 either on December 2nd (Saturday) by priority mail or on December 4th (Monday) by express mail. Either way, I will have 87 days or 85 days which is within 90 days.

[Flames9_RN 358]

I just sent mine Regular mail with delivery confirmation, was there in 2 days.

[Killer_Clown_2009 0]

You could just start sending it in now and resending it everytime they send it back, until they finallyaccept it.

[Marilyn. 340]

you don't have to file it exactly on the 90th day before your date

you have 90 days to file it

Edited November 15, 2006 by MarilynP