Remove conditions of permanent resident status?

[danielenglish 3]

Hi guys,

While I was doing some research online, I came across a paragraph on the Uscis's website (https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage) that scared me a lot.

As you can see (and probably already know), it is required that the permanent resident - that became so when the marriage was not yet 2 years old - files the form to ask the removal of the conditions as soon as the couple has been married for 2 years.

This is the case of my wife that became permanent resident when we were married for 1 year and 8 months.

The thing is that - although at that time I remembered to have seen something like that in the VJ forum - my wife got the 10 years green card and therefore I did not think that I had to do something else (like filing the form that I just mentioned).

Besides, on the same paragraph of the Uscis's website it is said that we would be notified (two times) if the conditional permanent resident does not file the form once the marriage is 2 years old (ours is now 2 years and 7 months old).

Now I am a little bit concerned because I am not sure whether or not we failed to comply with the requirement and we are risking something.

At the same time, I really do not explain why my wife got the 10 years green card if she was in the situation to be considered a "conditional permanent resident" and why we did not get notified at all during this time.

Is there somebody else in a similar situation as ours?

Please, any suggestion would be greatly appreciated since we are now concerned and of course we just want to do everything by the law after having waited for almost two years before being reunited.

Thanks a lot in advance!

[Harpa Timsah 13,258]

What probably happened is that your wife was given a card with an error. She cannot get a 10-year card if she was not married 2 years when she got it. The card is probably a 2-year card with the wrong dates on it, meaning if you don't remove conditions her status will be cancelled.

If not a lot of time has passed you should file a I-90 for a correct card, for no fee based on USCIS error.

You will need to file ROC. But another problem arises if USCIS rejects it because the card has the wrong dates on it. If you can't get the card corrected, I would file ROC with a detailed cover letter explaining everything. Good luck.

[danielenglish 3]

Thank you Harpa for your prompt reply.

May I ask you what a ROC is?

Also, how would you explain that we did not get notified at all during this period?

Thank you.

[Dutchster 1,107]

ROC = removing of conditions -> You'll get a ten year greencard instead of a two year one.

Edited September 8, 2016 by stephadams

[danielenglish 3]

Ok, I just realized that I made a mistake in counting the time.

It is still true that my wife became permanent resident when our marriage was not 2 years yet but I wrongly said that the marriage was 1 year and 8 months.

In fact, when she did the first entrance in US (becoming permanent resident), we were married for 23 months and 2 days.

I don't know whether this makes a difference in our situation or not.

What do you guys think?

Thank you.

[danielenglish 3]

Most importantly, I mistakenly thought the we should have applied for the removal as soon as the marriage was 2 years old but in fact the form needs to be filled 90 days before the second anniversary as a conditional resident which we are still far away from (so basically, before the 2 years green card expires).

[milimelo 4,481]

23 months 2 days is not 24 months so you will still have to get a corrected card (I-90 no fee - send them your marriage certificate and copy of stamped immigrant visa page and point out the discrepancy needing 2-yr card) and file for ROC in the 90 days prior to 2-yr green card anniversary.

[JFH 12,190]

23 months and 2 days? I'd have just waited until the second wedding anniversary to enter the country and then there would be no ROC circus to go through. But that's too late now.

*~*~*moving from "bringing family members of LPRs" to "removing conditions general discussion" where OP might find people who have experienced a similar situation*~*~*

Edited September 8, 2016 by JFH

[IcezMan_IcezLady 582]

23 months 2 days? you missed a whole 28 to 29 days. so it still matters. 2yrs is 2yrs.

[danielenglish 3]

Thank you guys for your answers.

I know that 23 months and 2 days is not 2 years, I was not challenging this.

I am only saying that it is not our fault and - to be honest - I am a little bit surprised that I found this out just by randomly surfing the net.

I mean, how do people know that with a 2 years green card it is required to file a ROC the 90 days before the second anniversary as a permanent resident?

Do they send a note or something along with the 2 years GC by any chance?

Probably I did not receive anything because they mistakenly sent my wife the 10 years GC but I am not sure about that.

You know, it seems just a little strange to me that the conditional permanent resident must be aware of the risk of losing its status without being told that, at all.

I understand that it is kind of common sense that - before the expiration date - one needs to apply for renewal but, still, I would expect some more information on such an important matter.

[Starkilla09 366]

Thank you guys for your answers.

I know that 23 months and 2 days is not 2 years, I was not challenging this.

I am only saying that it is not our fault and - to be honest - I am a little bit surprised that I found this out just by randomly surfing the net.

I mean, how do people know that with a 2 years green card it is required to file a ROC the 90 days before the second anniversary as a permanent resident?

Do they send a note or something along with the 2 years GC by any chance?

Probably I did not receive anything because they mistakenly sent my wife the 10 years GC but I am not sure about that.

You know, it seems just a little strange to me that the conditional permanent resident must be aware of the risk of losing its status without being told that, at all.

I understand that it is kind of common sense that - before the expiration date - one needs to apply for renewal but, still, I would expect some more information on such an important matter.

Applicants normally get notified about removing conditions in the following ways:

1. On the day of adjustment of status interview approval. Many interview officers will tell the applicant after approval, that your residency is conditional and will need to be removed.

2. Some will receive notification to remove residency a few months when they're in cycle.

3. Now this is the one anyone who is keen gets to know. The leaflet which comes with the approved resident card has information regarding this which assuming the beneficiary reads it will know as well. It states cleary in a sub section about conditional residency.

[NikLR 13,227]

Actually its is up to you to make sure you have the correct card because mistakes do happen.

How long has your wife been in the USA? What day did she enter?

[Unlockable 7,314]

Starkilla is correct. You ARE notified about removal of conditions. It is in the Welcome to the United States pamphlet you receive when you get the green card. The statement that it is not your fault can be argued. But glad you were able to catch it.

[danielenglish 3]

Thank you guys, again, for your answers and help.

I checked the complete guide "welcome to the United States" that is available on the Uscis website and it is specified when one is considered a conditional permanent resident (and then the requirement of filing for ROC).

Now, before going ahead with the I-90, I would like to ask your opinion about something else.

In about two months, my wife will travel back to our country of origin in order to spend one month with her family.

I have read that - once you file the I-90, asking for the right card to be issued - it may take up to 6 months.

The question I have is: will my wife still be able to travel even if the card does not arrive before she leaves the States (like I said, in 2 months)?

Would they issue some replacement or applying some stamp on the passport in order to allow her to leave and - most importantly - coming back to the States?

If not, it may be probably the best if we wait till January when she'll be back, also because we are far from the expiration of the 2 years anniversary as a permanent resident.

Thanks a lot in advance for your help with this, really appreciated!

[milimelo 4,481]

After you file I-90, bring proof of filing, make an infopass appointment and request a stamp in the passport. Will be good for a year.