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Posted

My wife received her two-year visa with Green Card in December 2015 and we now need to remove conditions for the permanent ten-year visa. Which form do we complete? form I-751 or form I-485? It's a bit confusing. I'm a U.S. citizen.

 

Also, can the form in question be submitted before the three-month period prior to expiration (December 2017)? Thanks!

Posted

It's the I-751 for ROC.

Guide: http://www.visajourney.com/content/751guide

 

No, the form must be submitted within the 90 day period prior to the 2 year anniversary of becoming an LPR.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: AOS (pnd) Country:
Timeline
Posted

You need the I-751 form (removal of condition), she has already adjusted her status but now need to remove condition on her status.

You should wait till September 2017 before applying as that will give you the required 90 days before  her 2 year on the GC.

Filed: Citizen (pnd) Country: Canada
Timeline
Posted
17 hours ago, MRS1 said:

My wife received her two-year visa with Green Card in December 2015 and we now need to remove conditions for the permanent ten-year visa. Which form do we complete? form I-751 or form I-485? It's a bit confusing. I'm a U.S. citizen.

 

Also, can the form in question be submitted before the three-month period prior to expiration (December 2017)? Thanks!

Just a note that it must be submitted within 90 days prior to expiration, not 3 months. I know that sounds like splitting hairs, but USCIS will not accept an application filed so much as a single day prior to your window opening, so calculating exactly 90 days is important.

 

To ensure you calculate the correct earliest filing date, they have a handy calculator that you can use. Just enter the expiry date listed on her Green Card and it will give you the first date you can file.  

 

https://www.uscis.gov/sites/default/files/dateCalculator.html

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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