How late can you file for removal of CR?

[yaatri 0]

I have read that the application for removal of conditional residence has to be filed within a 90-day window prior to the expiry of the conditional residence green card. Most folks here seem to be filing their applications as soon as this window opens up. My situation is that my wife is overseas and will not be back in the US until about a month before the expiry of her temporary green card.

So, my questions are as follows:

1. how late can we reasonably file for removal of conditional residence (to the Vermont Service Center)?

2. how quick is VSC in processing these cases?

3. given that we now have an adorable baby from our marriage, how elaborate do we need to be in documenting to USCIS that this is not a fake marriage?

4. what are the restrictions, if any, on travel for my wife from and to the US once she applies for the removal of the conditional residence status and while the application is pending adjudication?

I would appreciate your responses/experiences relative to the above questions. Thank you.

yaatri

[raymaga 25]

1. You can file any time within that 90 day window.

2. Not sure about Vermont's processing times, I am going through Nebraska. You can check online on the USCIS website.

3. Even though you have a child together, you will still be required to prove that you have joint financial situations, such as joint bank accounts, joint mortgage/lease documents, joint credit cards or loans, joint car ownership and insurance, life insurance policies or medical insurance cards, etc. You don't need all of the above, but any joint documents you can provide will help your case.

4. After they receive your wife's Removal of Conditions application (Form I-751), she will receive an NOA, which states that her Conditional Resident status has been extended for one year, with work and travel authorization.

If your wife's Conditional GC expires, and she has not received the NOA which extends her Conditional status for one year, she cannot re-enter the U.S after travelling abroad and she cannot work.

[yaatri 0]

1. You can file any time within that 90 day window.

2. Not sure about Vermont's processing times, I am going through Nebraska. You can check online on the USCIS website.

3. Even though you have a child together, you will still be required to prove that you have joint financial situations, such as joint bank accounts, joint mortgage/lease documents, joint credit cards or loans, joint car ownership and insurance, life insurance policies or medical insurance cards, etc. You don't need all of the above, but any joint documents you can provide will help your case.

4. After they receive your wife's Removal of Conditions application (Form I-751), she will receive an NOA, which states that her Conditional Resident status has been extended for one year, with work and travel authorization.

If your wife's Conditional GC expires, and she has not received the NOA which extends her Conditional status for one year, she cannot re-enter the U.S after travelling abroad and she cannot work.

Thanks!

[diadromous mermaid 36]

I have read that the application for removal of conditional residence has to be filed within a 90-day window prior to the expiry of the conditional residence green card. Most folks here seem to be filing their applications as soon as this window opens up. My situation is that my wife is overseas and will not be back in the US until about a month before the expiry of her temporary green card.

So, my questions are as follows:

1. how late can we reasonably file for removal of conditional residence (to the Vermont Service Center)?

2. how quick is VSC in processing these cases?

3. given that we now have an adorable baby from our marriage, how elaborate do we need to be in documenting to USCIS that this is not a fake marriage?

4. what are the restrictions, if any, on travel for my wife from and to the US once she applies for the removal of the conditional residence status and while the application is pending adjudication?

I would appreciate your responses/experiences relative to the above questions. Thank you.

yaatri

One does not have to be in the USA to file an I-751.

[meredith pa 0]

Hi

I say, don't wait to fill in the last week...

I did mine one month and 15 days prior...just in the middle.

Monica

I have read that the application for removal of conditional residence has to be filed within a 90-day window prior to the expiry of the conditional residence green card. Most folks here seem to be filing their applications as soon as this window opens up. My situation is that my wife is overseas and will not be back in the US until about a month before the expiry of her temporary green card.

So, my questions are as follows:

1. how late can we reasonably file for removal of conditional residence (to the Vermont Service Center)?

2. how quick is VSC in processing these cases?

3. given that we now have an adorable baby from our marriage, how elaborate do we need to be in documenting to USCIS that this is not a fake marriage?

4. what are the restrictions, if any, on travel for my wife from and to the US once she applies for the removal of the conditional residence status and while the application is pending adjudication?

I would appreciate your responses/experiences relative to the above questions. Thank you.

yaatri

One does not have to be in the USA to file an I-751.

[Jasman0717 9]

1. You can file any time within that 90 day window.

2. Not sure about Vermont's processing times, I am going through Nebraska. You can check online on the USCIS website.

3. Even though you have a child together, you will still be required to prove that you have joint financial situations, such as joint bank accounts, joint mortgage/lease documents, joint credit cards or loans, joint car ownership and insurance, life insurance policies or medical insurance cards, etc. You don't need all of the above, but any joint documents you can provide will help your case.

4. After they receive your wife's Removal of Conditions application (Form I-751), she will receive an NOA, which states that her Conditional Resident status has been extended for one year, with work and travel authorization.

If your wife's Conditional GC expires, and she has not received the NOA which extends her Conditional status for one year, she cannot re-enter the U.S after travelling abroad and she cannot work.

Great Info

[Peter T 0]

If your wife's Conditional GC expires, and she has not received the NOA which extends her Conditional status for one year, she cannot re-enter the U.S after travelling abroad and she cannot work.

I don't think that this is correct. Filing itself extends the status until an adjucation, the NOA is only a proof of filing. Working is definitely allowed. Travelling probably requires more time at the port of entry - the officer would have to find the legal resident in their data system first. If they don't, because the system is down, the resident has problems :-(

[FVA 0]

One does not have to be in the USA to file an I-751.

so if we will have all the papers ready to send, but we would be outside US, we can have my mother inlaw send them? that'd be SWEET!!

[diadromous mermaid 36]

One does not have to be in the USA to file an I-751.

so if we will have all the papers ready to send, but we would be outside US, we can have my mother inlaw send them? that'd be SWEET!!

Yes, but if called for an interview, you'd both need to attend. And, of course, you'd need to KNOW if called for an interview or if more information were requested, or even IF the application to Remove Conditions was ever received AND to retrieve the NOA extending status while the I=751 was being adjudicated. Or else, re-entry to the US could be complicated. Better have MIL monitor the mail and send it Delivery Confirmed and forward anything to you.

Edited February 24, 2007 by diadromous mermaid

[alohaspirit 0]

One does not have to be in the USA to file an I-751.

You know that both husband & wife must sign.

[EsOrEnNa 0]

One does not have to be in the USA to file an I-751.

so if we will have all the papers ready to send, but we would be outside US, we can have my mother inlaw send them? that'd be SWEET!!

yeah i have that problem.. the lady at USCIS told me that if u get a interview and ur outside US just call them and they give u another interview date.. no problem..

[diadromous mermaid 36]

One does not have to be in the USA to file an I-751.

You know that both husband & wife must sign.

If it's a jointly filed I-751, yes. However, if both the USC and the alien are out of the country together, no problem. If the alien is outside the country and the US citizen is not, what prohibits the US citizen from signing the form, mailing it to the alien and he or she submits it overseas? I don't see that as a hitch in todays age with expedient forms of mailing.

[diadromous mermaid 36]

One does not have to be in the USA to file an I-751.

You know that both husband & wife must sign.

If it's a jointly filed I-751, yes. However, if both the USC and the alien are out of the country together, no problem. If the alien is outside the country and the US citizen is not, what prohibits the US citizen from signing the form, mailing it to the alien and he or she submits it overseas? I don't see that as a hitch in todays age with expedient forms of mailing.

[diadromous mermaid 36]

One does not have to be in the USA to file an I-751.

You know that both husband & wife must sign.

If it's a jointly filed I-751, yes. However, if both the USC and the alien are out of the country together, no problem. If the alien is outside the country and the US citizen is not, what prohibits the US citizen from signing the form, mailing it to the alien and he or she submits it overseas? I don't see that as a hitch in todays age with expedient forms of mailing.

[KJandSH 0]

I'm starting to think about this since my hubby got his conditional permanent residency in July of 2005. Glad I happened upon this thread.

Kristi