Little unsure of when to file I-751

[hpizzle 2]

I am not 100% sure when I am supposed to file I-751.

 

My wife and I got married in India on August 31st, 2018. She arrived to the United States on September 29th, 2019. The expiration date on her green card is 9/29/21.

The visa stamp on her passport says the following:

 

"UPON ENDORSEMENT SERVES AT TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR"

 

Do I apply 90 days before it has been 1 year of her arrival date (9/29/2020) or 90 days before her green card (permanent resident card) expires (9/29/21)? 

 

Thank you

Edited June 17, 2020 by hpizzle

[Thegirl 225]

7 minutes ago, hpizzle said:

I am not 100% sure when I am supposed to file I-751.

 

My wife and I got married in India on August 31st, 2018. She arrived to the United States on September 29th, 2019. The expiration date on her green card is 9/29/21.

The visa stamp on her passport says the following:

 

"UPON ENDORSEMENT SERVES AT TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR"

 

Do I apply 90 days before it has been 1 year of her arrival date (9/29/2020) or 90 days before her green card (permanent resident card) expires (9/29/21)? 

 

Thank you

Within the 90 days before 9/29/21- the date the card expires. So late July/Early August 2021. 

[Scandi 4,178]

Within 90 days before her conditional greencard expires. Be careful not to send it too early, USCIS will rejected it if they receive it just 1 day too early. So rather wait a couple of days into the 90 day window before filing. 

[Scandi 4,178]

Here is the calculator you can use to find the exact day her window opens up. Put the greencard expiration date in the boxes.

 

https://www.uscis.gov/forms/uscis-early-filing-calculator

[hpizzle 2]

3 minutes ago, Thegirl said:

Within the 90 days before 9/29/21- the date the card expires. So late July/Early August 2021. 

Thank you very much. Is it supposed to say "Conditional Permanent Resident" on any of my wife's documentation? Her green card nor passport use the word conditional anywhere. 

[Scandi 4,178]

Just now, hpizzle said:

Thank you very much. Is it supposed to say "Conditional Permanent Resident" on any of my wife's documentation? Her green card nor passport use the word conditional anywhere. 

No, it won't say conditional. She's a permanent resident even with a conditional greencard, and that's what it says in the greencard too. "Permanent residence card" or something like that.

[hpizzle 2]

6 minutes ago, Thegirl said:

Within the 90 days before 9/29/21- the date the card expires. So late July/Early August 2021. 

Thank you! But do you mean Late June/Early July 2021?

[Thegirl 225]

1 minute ago, hpizzle said:

Thank you very much. Is it supposed to say "Conditional Permanent Resident" on any of my wife's documentation? Her green card nor passport use the word conditional anywhere. 

The green card I got said CR1 under category. That's for conditional resident. 

[hpizzle 2]

1 minute ago, Scandi said:

No, it won't say conditional. She's a permanent resident even with a conditional greencard, and that's what it says in the greencard too. "Permanent residence card" or something like that.

Great, thanks. I started preparing the I-751 file already and ran across the instructions which got me second guessing when it was due. I guess being early in preparation isn't the worst thing. Do you know how long the entire I-751 process can take?

[Thegirl 225]

Just now, hpizzle said:

Thank you! But do you mean Late June/Early July 2021?

Use the calculator, that was just an estimate. As long as you do it no earlier than 90 days before and, before the card expires. 

[hpizzle 2]

1 minute ago, Thegirl said:

The green card I got said CR1 under category. That's for conditional resident. 

Same here - just noticed that. 

[Thegirl 225]

Just now, hpizzle said:

Great, thanks. I started preparing the I-751 file already and ran across the instructions which got me second guessing when it was due. I guess being early in preparation isn't the worst thing. Do you know how long the entire I-751 process can take?

Average processing time is 18 months... Some people are approved before and others like myself are waiting longer thanks to COVID in having my case in NYC which has many cases. So it really depends on your office. 

The extension letter currently being given once you apply is valid for 18 months

[da95826 387]

It is not to early to prepare to file the 751 and start collecting evidence.

Make sure you file your taxes married filed jointly for each year you are married (If not amend your tax returns to married filed jointly)

Have joint bank accounts in both of your names, deposit pay into them and pay your bills with them, collect your statements showing transactions of deposits of pay and that you paying expenses jointly during the time you are married.

Have a joint credit card that you pay for joint stuff 

Save copies of your and your spouse's W2 or 1099s to submit

Save copes joint Federal and state tax returns for each year of the marriage.

Get IRS transcripts for each tax year you are married ( you can download from IRS website ) 

Have a home lease in both names, or get affidavit from apartment manager or landlord you live at your home together, or joint mortgage 

Each of you get state issued IDs or driver's license with SAME home address to submit copies of

Put as many bills as possible (Phone, electricity, internet,  gas ) in both of your names with home address and keep copies to submit USCIS

Get insurance together (Health, Driving, life, ) submit all joint insurance proof during period of marriage

Make spouse beneficiary of insurance or retirement accounts 

Children you have together birth certificates (most important) 

Pictures of you both together on vacation, at family events, or with friends, note the date and family members in photos with you and/or spouse.

Travel tickets, boarding pass, or trip itineraries for trips taken together as a family,  save and submit airline, and hotel info.

Joint mail in both of your names sent to you home address

Joint store membership cards

Affidavits from family, and friends that you are married and happily living together at home as a couple.