I-751 Removal of Conditions

[mitchpa13 0]

Hello Fellow Vjers,

 

As the time comes for my wife to renew her Green Card (it expires in August) I have several questions concerning the I-751 form that I believe is the one we need to fill out.  My wife came on the K-1 visa and we were married within 90 days and then it took about a year to finally receive her green card.  My questions are the following?

 

1.) If approved for removal of conditions, would we then receive a green card that last 10 years?

 

2.) Can we start the application process now even though it's 6 months from the expiration date?

 

3.) If the current green card expires and the other has not been approved yet, does that prevent us from being able to leave the country?

 

4.) Lastly, if we were married in June 2014 and my spouse at the time lived in the US but did not receive her green card until July 2015, must we wait to apply for Citizenship until after 3 years of having the green card or can it be after 3 years of her continually living in the US?  (its pretty frustrating that it took over a year for her to receive her GC :/

 

Thank you in advance for your help!!

 

 

Mitchell

 

 

[TBoneTX 45,319]

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

Please read the Guides and other threads for answers to all of your questions.

[Starkilla09 366]

19 hours ago, mitchpa13 said:

Hello Fellow Vjers,

 

As the time comes for my wife to renew her Green Card (it expires in August) I have several questions concerning the I-751 form that I believe is the one we need to fill out.  My wife came on the K-1 visa and we were married within 90 days and then it took about a year to finally receive her green card.  My questions are the following?

 

1.) If approved for removal of conditions, would we then receive a green card that last 10 years?

 

2.) Can we start the application process now even though it's 6 months from the expiration date?

 

3.) If the current green card expires and the other has not been approved yet, does that prevent us from being able to leave the country?

 

4.) Lastly, if we were married in June 2014 and my spouse at the time lived in the US but did not receive her green card until July 2015, must we wait to apply for Citizenship until after 3 years of having the green card or can it be after 3 years of her continually living in the US?  (its pretty frustrating that it took over a year for her to receive her GC :/

 

Thank you in advance for your help!!

 

 

Mitchell

 

 

1. Yes you'll receive a card valid for 10 years upon approval of I-751.

2. No you can't it's too early to file and will be rejected. The earliest you can file to remove conditions is 90 days prior to the expiration date on your 2 year resident card, but must do so before the card expires.

3. No it doesn't void your status. You'll be issued an extension letter upon receipt of your I-751 application, which extends your status for 1 year authorizing travel and employment while being processed. This letter together with your expired card is suffficient proof.

4. Unfortunately it's not from the days of living in the U.S. It's actually from the day she became a Lawful Permanent Resident as written on her resident card. Your wife will be eligible for citizenship earliest 90 prior to her 3rd anniversary of being a permanent resident. That should be sometime in April 2018. 

[mitchpa13 0]

1 hour ago, Starkilla09 said:

1. Yes you'll receive a card valid for 10 years upon approval of I-751.

2. No you can't it's too early to file and will be rejected. The earliest you can file to remove conditions is 90 days prior to the expiration date on your 2 year resident card, but must do so before the card expires.

3. No it doesn't void your status. You'll be issued an extension letter upon receipt of your I-751 application, which extends your status for 1 year authorizing travel and employment while being processed. This letter together with your expired card is suffficient proof.

4. Unfortunately it's not from the days of living in the U.S. It's actually from the day she became a Lawful Permanent Resident as written on her resident card. Your wife will be eligible for citizenship earliest 90 prior to her 3rd anniversary of being a permanent resident. That should be sometime in April 2018. 

Thank you!!  I really appreciate your help.  That's good news about the travel.