When remove conditions

[nadia&sameer 12]

Hi,

My husband received his green card in Jan 2015. They sent him a 10yr card instead of the 2yr card so we had to send it back. They re-issued with the right card, but it has an expiry date of Mar 2015. We're planning on submitting paperwork to remove conditions in Oct 2016 (90 days shy of 2 yrs since approval). Will there be any problem doing that considering his GC shows a later expiration date?

[aaron2020 11,651]

What's the expiry date?

[nadia&sameer 12]

Sorry...I had the dates wrong. Orignal 10yr card was issued on 1/15/15 expiring 1/15/17. After we returned it and they sent him the correct 2 yr card it shows resident since 1/15/15, but the Card expires on 7/25/17. I see different things on the USCIS site, one referring to 90 days prior to his 2 yr residency, but the directions on the I-751 state 90 days before the card expires.

[nadia&sameer 12]

If your original card was issued on 01/15/2015 and the expiry was 01/15/2017, USCIS correctly issued you a 2 year GC card. Why did you return it? Where does the date 07/25/2017 come into play?

Use this calculator: https://www.uscis.gov/forms/uscis-early-filing-calculator

You may file beginning 90 days prior to the expiry date on your green card, not a day earlier.

Geez...I still got the dates wrong and I was looking at a copy of the original card. They originally sent a 10 yr card with a 2025 expiration date. They had us mail it back in so they could send the correct 2 yr card. When the 2 year card arrived it still had the 1/15/15 resident since date, but the expiration date changed to 7/25/15. Sorry...I've been fasting today and my mind clearly isn't as sharp as it usually is.

[Raccoon_CA 5]

He is eligible to apply to have his conditions removed 90 days prior to 07/25/2017. That would be anywhere from 04/27/2017 to 07/25/2017.

[shankissana 1]

Passport has been received from the consular section, and is currently being processed for delivery.

Is this mean I'll get the passport with visa in 1/2 days?

[nadia&sameer 12]

He is eligible to apply to have his conditions removed 90 days prior to 07/25/2017. That would be anywhere from 04/27/2017 to 07/25/2017.

I am worried if we wait until then that they will say he is late in removing conditions as technically his 2 yrs would be up on 1/15/17. Technically he should be applying before 1/15/17. You don't think it will be a problem applying late?

[nadia&sameer 12]

It would be best to contact USCIS via phone or meet with an immigration officer in person and ask how to proceed. If the issue date was 01/15/2015 then the expiry date should have been 01/15/2017 when they re-issued the correct 2 year GC card.

We contacted them by phone and as usual, they were clueless. I guess we can try to set an infopass appointment. This agency has screwed up so many things on our file and cost us so much extra time and money I guess I just don't want to take another vacation day to sit there for 5 hrs to find out no one there knows what to do either.

[squareleg 69]

Sorry...I had the dates wrong. Orignal 10yr card was issued on 1/15/15 expiring 1/15/17. After we returned it and they sent him the correct 2 yr card it shows resident since 1/15/15, but the Card expires on 7/25/17. I see different things on the USCIS site, one referring to 90 days prior to his 2 yr residency, but the directions on the I-751 state 90 days before the card expires.

This doesn't make any sense. Please reach out to USCIS and/or attorney or a friend who can read and translate for you. Good luck.

[nadia&sameer 12]

Orignal 10yr card was issued on 1/15/15 expiring 1/15/17. After we returned it and they sent him the correct 2 yr card it shows resident since 1/15/15, but the Card expires on 7/25/17. I see different things on the USCIS site, one referring to 90 days prior to his 2 yr residency, but the directions on the I-751 state 90 days before the card expires.

Please close this topic. I was able to get good advice on another site and the same advice with USCIS (which I don't always trust). In case anyone reads this thread in the future here is what you should do:

USCIS rule is that you must remove conditions before the end of your 2 yr residency ends, but not more than 90 days before. Usually the expiry date on your green card is exactly 2 years after the residency starts. In my husband's case they had the expire date wrong the 1st time. After we sent it back in to have it corrected they sent it back with another wrong date. The I-751 says to remove conditions no more than 90 days prior to expiration, but they are assuming USCIS put the right date on the card to begin with so this is not always correct. The law is that removal of conditions is based on the date you became an LPR, NOT necessarily the expiration date. We were told we can file up to 90 days before the date he became an LPR and to ignore the expire date. We were also told to to write a statement explaining why we were filing in 10/ instead of 5/17 so they would not reject the submission because they weren't paying attention to the Residency date.

[NikLR 13,227]

I agree people need to consider the "resident since" date not necessarily the expiration date. When in doubt, use the earlier date since the USCIS seems fo be unable to always provide correct dates on cards (or accurate info over the phone.)