I-751 Filing

[gm33021 9]

Good Morning, I would like to know when I should file for my wifes I-751 form. Her greencard expires 5/2/16 and she has been residing since 5/2/14.

Thank You

[TBoneTX 45,313]

*** Thread moved from K-1 Process forum to the Removing Conditions forum. ***

[Pitaya 2,577]

easily accessible at the top of the forum page. In particular the ROC Guide: http://www.visajourney.com/content/751guide

The Guide says it best:

When to File:

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also 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 (the USCIS is not responsible for proving that you did not comply with the requirements).

Good luck on your immigration journey.

[spring333 44]

you can send application 90 days prior 5/2/16, do not send before!

[veer143 5]

you can send application 90 days prior 5/2/16, do not send before!

what they said. There's a 90 day calculator on USCIS website but just send first class on the day FEB/1/16, You should be fine.