When to file for conditions removal? 2 years after marriage/entering USA (K-1 visa) or green card expiry?

[dale3fan 0]

Hi everyone,

I have searched high and low and found 2 different answers for my question, so I wanted some clarification. I am simply wondering when I can apply to remove conditions on my wife's green card (from a K-1 visa). Most forums/websites say it is 2 years from the expiration of the green card, but I have also read that conditional residency starts the day you are lawfully admitted to the US (see below). So would conditions be this be the date my wife came to the US on her K-1 visa? The reason I ask is because she entered the U.S. in 06-2016, got married in 7-2016, but didn't get her green card until 03-2017, so it would be nice to not have to wait those extra months. Thanks for any help you can provide!

 

"Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence."

Source: https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

[geowrian 22,337]

It's within 90 days from 2 years of becoming an LPR. This is [2 years - 90 days] after the "Resident Since" field on the card. In your case, it would be roughly 90 days before March 2019.

 

Edit: For reference, the info posted above is right. But note that is says admitted on an immigrant visa. A K-1 is non-immigrant. So the LPR status begins when AOS is approved.

Edited October 10, 2017 by geowrian

[dale3fan 0]

Ahhh I see - immigrant vs. non-immigrant. This is where I was confused. Thanks for your help!

 

Since you were so helpful, can you tell my wife that she has to wait 8 more months apply for her citizenship? We are planning on traveling a bunch after, and she isnt going to be happy she has to wait longer

[geowrian 22,337]

Only if you tell mine she has to wait 4 more months for her EAD.

[GreatDane 366]

56 minutes ago, dale3fan said:

Ahhh I see - immigrant vs. non-immigrant. This is where I was confused. Thanks for your help!

 

Since you were so helpful, can you tell my wife that she has to wait 8 more months apply for her citizenship? We are planning on traveling a bunch after, and she isnt going to be happy she has to wait longer

Once you're at the point to remove conditions, I would recommend you file ASAP. The current wait is estimated at 18 months. Back when I applied in August 2016, it was 5 months. 

[shell20 746]

1 hour ago, dale3fan said:

Ahhh I see - immigrant vs. non-immigrant. This is where I was confused. Thanks for your help!

 

Since you were so helpful, can you tell my wife that she has to wait 8 more months apply for her citizenship? We are planning on traveling a bunch after, and she isnt going to be happy she has to wait longer

I think you will find she cannot apply in 8 months for citizenship. If she is due to apply for ROC in say around December this year around 90 days before the expiry date on her GC then she will not be able to apply for Citizenship until a year later in December, again 90 days before the 2 year GC, plus one year.   She can apply for citizenship after 3 years of marriage, however its not three years from the date  when you married, its actually three years from the date of your  2 year conditional GC.  

[geowrian 22,337]

1 minute ago, shell20 said:

I think you will find she cannot apply in 8 months for citizenship. If she is due to apply for ROC in say around December this year around 90 days before the expiry date on her GC then she will not be able to apply for Citizenship until a year later in December, again 90 days before the 2 year GC, plus one year.   She can apply for citizenship after 3 years of marriage, however its not three years from the date  when you married, its actually three years from the date of your  2 year conditional GC.  

True. I thought he meant 8 more months before she can apply than what she thought before. Not in 8 months total. But pointing this out is still good info.

[shell20 746]

1 minute ago, geowrian said:

True. I thought he meant 8 more months before she can apply than what she thought before. Not in 8 months total. But pointing this out is still good info.

I don't know where the 8 months is coming from. I am assuming its from the date she entered the country which seems was in June 2016.  Actually looking at the dates they didn't get their conditional card until this year, so they can't even remove conditions. As it says his wife got the conditional card in March of this year.  Unless I am totally reading it wrong..

[geowrian 22,337]

Just now, shell20 said:

I don't know where the 8 months is coming from. I am assuming its from the date she entered the country which seems was in June 2016.  Actually looking at the dates they didn't get their conditional card until this year, so they can't even remove conditions. As it says his wife got the conditional card in March of this year.  Unless I am totally reading it wrong..

I think the OP was thinking it was based on when admitted into the US, which was 8-9 months before she got her green card.

[shell20 746]

1 hour ago, dale3fan said:

Hi everyone,

I have searched high and low and found 2 different answers for my question, so I wanted some clarification. I am simply wondering when I can apply to remove conditions on my wife's green card (from a K-1 visa). Most forums/websites say it is 2 years from the expiration of the green card, but I have also read that conditional residency starts the day you are lawfully admitted to the US (see below). So would conditions be this be the date my wife came to the US on her K-1 visa? The reason I ask is because she entered the U.S. in 06-2016, got married in 7-2016, but didn't get her green card until 03-2017, so it would be nice to not have to wait those extra months. Thanks for any help you can provide!

 

"Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence."

Source: https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

I have just noticed you said you received your green card in March 2017, is that the conditional 2 year card?  If so you wont be able to apply for ROC for another year  and citizenship the following year.

Just now, geowrian said:

I think the OP was thinking it was based on when admitted into the US, which was 8-9 months before she got her green card.

If only it was that simple, ah well we can wish!!

[shell20 746]

2 hours ago, dale3fan said:

Hi everyone,

I have searched high and low and found 2 different answers for my question, so I wanted some clarification. I am simply wondering when I can apply to remove conditions on my wife's green card (from a K-1 visa). Most forums/websites say it is 2 years from the expiration of the green card, but I have also read that conditional residency starts the day you are lawfully admitted to the US (see below). So would conditions be this be the date my wife came to the US on her K-1 visa? The reason I ask is because she entered the U.S. in 06-2016, got married in 7-2016, but didn't get her green card until 03-2017, so it would be nice to not have to wait those extra months. Thanks for any help you can provide!

 

"Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence."

Source: https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

And to clarify its 2 years on the date of your conditional GC before you can apply for ROC.   You can do this 90 days before the end of the 2 years, USCIS normally send you a reminder letter when its time to apply for ROC.  So  your filing date will be around December 2018. It does not go from the day of admittance nor the date you got married. Hope that clarifies things for you both.