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Posted

My wife received her two-year visa (IR1) with subsequent 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!

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)
14 minutes ago, MRS1 said:

My wife received her two-year visa (IR1) with subsequent 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!

 

She submits the I-751 to remove conditions.

She cannot file before the 90-day window.

 

Btw, if it's a two-year conditional green card it's a CR1, not IR1

Edited by Mollie09
Posted

You need to file form I-751, Petition to Remove Conditions on Lawful Permanent Residence.

 

Form I-485 is to adjust status. The forms are actually not confusing at all and straightforward. I would download and go over the instructions for form I-751 before actually filling it out.

 

As it is stated on the form and the instructions, you may only file the petition within 90 days of the expiration of her conditional green card.

 

So if it expires in December 2017, the earliest you can file it is September 2017, so next month. Do not send it early or USCIS will send it back to you. Do not send it late, or her status will be terminated.

 

When you send your Form I-751, make sure you include evidence.

- Removal of Conditions Timeline -

07/31/17 - Mailed I-751 package to California Service Center

08/01/17 - Package delivered to CSC

08/05/17 - NOA1 received by US mail

08/10/18 - Rec'd new NOA1 with 18 month extension instead of 12 months

10/15/18 - Case transferred to Nebraska

12/26/18 - ROC Approved

Posted
7 minutes ago, cantofla said:

You need to file form I-751, Petition to Remove Conditions on Lawful Permanent Residence.

 

Form I-485 is to adjust status. The forms are actually not confusing at all and straightforward. I would download and go over the instructions for form I-751 before actually filling it out.

 

As it is stated on the form and the instructions, you may only file the petition within 90 days of the expiration of her conditional green card.

 

So if it expires in December 2017, the earliest you can file it is September 2017, so next month. Do not send it early or USCIS will send it back to you. Do not send it late, or her status will be terminated.

 

When you send your Form I-751, make sure you include evidence.

What form is evidence is usually requested or required? Or effective? 

Posted
9 minutes ago, Mollie09 said:

 

She submits the I-751 to remove conditions.

She cannot file before the 90-day window.

 

Btw, if it's a two-year conditional green card it's a CR1, not IR1

Thank you!

Posted
11 minutes ago, Mollie09 said:

 

She submits the I-751 to remove conditions.

She cannot file before the 90-day window.

 

Btw, if it's a two-year conditional green card it's a CR1, not IR1

Thank you!

Posted
3 minutes ago, MRS1 said:

What form is evidence is usually requested or required? Or effective? 

Please read the instructions on the form. It specifically states what is required to submit as initial evidence.

 

Download the Form I-751 Instructions, and read them carefully, before filling it out. It tells you what initial evidence is required to be submitted, and it gives examples.

 

As always, send copies, do not send originals

- Removal of Conditions Timeline -

07/31/17 - Mailed I-751 package to California Service Center

08/01/17 - Package delivered to CSC

08/05/17 - NOA1 received by US mail

08/10/18 - Rec'd new NOA1 with 18 month extension instead of 12 months

10/15/18 - Case transferred to Nebraska

12/26/18 - ROC Approved

Posted
3 minutes ago, cantofla said:

Please read the instructions on the form. It specifically states what is required to submit as initial evidence.

 

Download the Form I-751 Instructions, and read them carefully, before filling it out. It tells you what initial evidence is required to be submitted, and it gives examples.

 

As always, send copies, do not send originals

Thanks.

Posted
1 minute ago, MRS1 said:

Thanks.

You're welcome. It is really simple.

 

Go to www.uscis.gov and familiarize yourself with the form and the process. Follow the removing conditions subforum on here and you can read other people's replies as to what each individual sent as evidence.

 

I don't like suggesting evidence because every couple's situation, and life is unique. And there is no right or wrong evidence to submit. The government is looking for anything you can send to demonstrate a bona fide marriage

- Removal of Conditions Timeline -

07/31/17 - Mailed I-751 package to California Service Center

08/01/17 - Package delivered to CSC

08/05/17 - NOA1 received by US mail

08/10/18 - Rec'd new NOA1 with 18 month extension instead of 12 months

10/15/18 - Case transferred to Nebraska

12/26/18 - ROC Approved

Posted
3 minutes ago, cantofla said:

You're welcome. It is really simple.

 

Go to www.uscis.gov and familiarize yourself with the form and the process. Follow the removing conditions subforum on here and you can read other people's replies as to what each individual sent as evidence.

 

I don't like suggesting evidence because every couple's situation, and life is unique. And there is no right or wrong evidence to submit. The government is looking for anything you can send to demonstrate a bona fide marriage

Thanks X 2!

 
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