Too late to apply on time??

[melg12 0]

I had no idea you were supposed to apply for the adjustment of status as soon as you came in the country. I thought you waited till your two years were up. My two years expires in June and I have not applied. What happens if I do not get approval by the time my conditional one expires?

[Torsans 0]

I had no idea you were supposed to apply for the adjustment of status as soon as you came in the country. I thought you waited till your two years were up. My two years expires in June and I have not applied. What happens if I do not get approval by the time my conditional one expires?

Your question is unclear; did you adjust status when you came over? When you arrived

you were suppose to get married within 30 days, then apply for adjustment of status...did you get

married and apply? Did you get a conditional green card?

[rebeccajo 14]

Which type of visa did you arrive on?

[RaspberrySwirl 20]

I had no idea you were supposed to apply for the adjustment of status as soon as you came in the country. I thought you waited till your two years were up. My two years expires in June and I have not applied. What happens if I do not get approval by the time my conditional one expires?

A few things that need clearing up:

- What do you mean by your two years expire in June?

- Conditional what exactly?

I think you meant you have conditional permanent residency right now and need to apply to remove the conditions soon, it appears. But I'm not sure.

[melg12 0]

Sorry, I think I was so panicked I could not properly think. I came on a K3 into the country on 07/07/05, so I have a conditional green card that expires on 07/07/07. I always thought that they would send me additional information about how I need to adjust this before it expires. I will send all the paperwork tomorrow. I guess what is really worrying me is, if my approval does not come in before my expiry, do I have to go back to Canada? Or can I stay since it is in process? I feel like a complete idiot for not knowing to apply immediately, or am I just confused?

[mybackpages 0]

Sorry, I think I was so panicked I could not properly think. I came on a K3 into the country on 07/07/05, so I have a conditional green card that expires on 07/07/07. I always thought that they would send me additional information about how I need to adjust this before it expires. I will send all the paperwork tomorrow. I guess what is really worrying me is, if my approval does not come in before my expiry, do I have to go back to Canada? Or can I stay since it is in process? I feel like a complete idiot for not knowing to apply immediately, or am I just confused?

My first instinct is to say that if you have filed for removal of conditions before it expires, then your status is "adjusting status" and you are not required to leave. For example K-1 visas expire 90 days after arrival, but you can stay legally while the petition for adjusting status is pending. I hope someone comes along and verifies this or corrects me soon!

[rebeccajo 14]

Hmmmm.

Are you sure you arrived on a K3 or a CR1?

At any rate, the holder of a conditional greencard must file to have the conditions lifted 90 days prior to the expiration date of the card. Nobody sends you any reminder notice or packet of information. You are solely responsible for filing.

It sounds to me like you have 'caught' the 'problem' in time.

And no, you don't have to leave the country. You will receive a notice extending your conditional status and that serves as verification of your legal presence.

Edited April 1, 2007 by rebeccajo

[payxibka 10,045]

I think your situation provides a good reminder for everyone who transits this process. Immigration is self-directed and the government will NOT prompt or remind you that your status needs attention or updating. We are on our own to assure we are up to date.....

[rebeccajo 14]

I think your situation provides a good reminder for everyone who transits this process. Immigration is self-directed and the government will NOT prompt or remind you that your status needs attention or updating. We are on our own to assure we are up to date.....

Exactly.

Besides, not everyone decides to stay. So why should they send out 'reminder' notices?

[RaspberrySwirl 20]

Sorry, I think I was so panicked I could not properly think. I came on a K3 into the country on 07/07/05, so I have a conditional green card that expires on 07/07/07. I always thought that they would send me additional information about how I need to adjust this before it expires. I will send all the paperwork tomorrow. I guess what is really worrying me is, if my approval does not come in before my expiry, do I have to go back to Canada? Or can I stay since it is in process? I feel like a complete idiot for not knowing to apply immediately, or am I just confused?

No worries

According to the link to the official USCIS guide for removing conditions:

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition. You must file a Form I-751 (Petition to Remove the Conditions on Residence). All petitions should be sent to the Service Center that serves the area where you live. Failure to file will result in loss of your resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.

It seems to be you're still on time to file but you'll have to do it soon. Make sure to keep the notice they send you saying they've received your petition for removal of conditions. That'll be proof that you're not out of status (I believe it's valid for a year, as the process may or may not take that long to complete)

Good luck!

Edited April 1, 2007 by RaspberrySwirl

[Ladylethal 12]

Either way you're still more than 90 days away from your expiration.

[melg12 0]

Thanks for the help! I did find the removal of conditional status in the meantime. I am so glad, I could just envision myself having to leave! I will file tomorrow.

I was a little naive thinking they would contact me.

[RaspberrySwirl 20]

Thanks for the help! I did find the removal of conditional status in the meantime. I am so glad, I could just envision myself having to leave! I will file tomorrow.

I was a little naive thinking they would contact me.

I think you're good to file after April 7th.

Or you can use this website to see how many days you have left until 7/7/2007. http://www.timeanddate.com/date/duration.html

[Killer_Clown_2009 0]

I didn't think that pepople were given a conditional green card when they entered the US on a K-3.

Are you sure you have a two year conditional green card? Or is it a two year visa? If it is the visa, then you need to file I-485 and adjust your status, rather than file to lift conditions. Unless you entered on a CR1, then I could see where you would have a conditional green card.

Edited April 1, 2007 by jane2005

[rebeccajo 14]

I didn't think that pepople were given a conditional green card when they entered the US on a K-3.

Are you sure you have a two year conditional green card? Or is it a two year visa? If it is the visa, then you need to file I-485 and adjust your status, rather than file to lift conditions. Unless you entered on a CR1, then I could see where you would have a conditional green card.

Good point Jane - depends on how we read the question and the OP's understanding.

Yes, K3 is a 2 year visa that permits multiple entries. And they can file for EAD before they file for AOS. But they still need to file for Adjustment of Status at some point.

So I guess it depends on whether or not the OP is looking at their visa (when they refer to 2 years) or the greencard they received after filing the adjustment.