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David Holmes

QQ: I-571 - Can we submit early? > 90 days prior to expiration?

By David Holmes in Removing Conditions on Residency General Discussion

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David Holmes Contributor

David Holmes   13

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Filed: IR-1/CR-1 Visa Country: Philippines
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My wife's 2yr GC expires 5/30 and we were hoping to attend a wedding in Bali in July.

 

Can we file the I-571 now?  Or do we have to wait until the 90-day window prior to expiration opens? 

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OldUser Veteran

OldUser   6,597

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Hi @David Holmes what's I-571?

If you're talking about I-751, Petition to Remove Conditions on Residence, then no. It can be filed within 90 days window or after (in exceptional circumstances, vacation is not a good reason).

 

File it within 90 days of card expiration. You should get 24 months extension letter before your travel.

 

You will lose fees and application will be rejected if you file early.

 

Edited by OldUser
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Lil bear Mentor

Lil bear   4,181

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Filed: Citizen (apr) Country: Australia
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8 minutes ago, David Holmes said:

My wife's 2yr GC expires 5/30 and we were hoping to attend a wedding in Bali in July.

 

Can we file the I-571 now?  Or do we have to wait until the 90-day window prior to expiration opens? 

If you file early it will be denied / rejected. Follow the instructions exactly  

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David Holmes Contributor

David Holmes   13

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Filed: IR-1/CR-1 Visa Country: Philippines
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3 minutes ago, OldUser said:

Hi @David Holmes what's I-571?

If you're talking about I-751, Petition to Remove Conditions on Residence, then no. It can be filed within 90 days window or after (in exceptional circumstances, vacation is not a good reason).

 

File it within 90 days of card expiration. You should get 24 months extension letter before your travel.

 

You will lose fees and application will be rejected if you file early.

 

Good to know.  How do we get the 24 months extension letter?  I did not know there was such a thing

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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8 minutes ago, David Holmes said:

Good to know.  How do we get the 24 months extension letter?  I did not know there was such a thing

File I-751. The NOA1 will have words that say your gc is extended.
 

see also:

 

 

 

Edited by Mike E
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Crazy Cat Grand Master

Crazy Cat   41,802

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Filed: Citizen (apr) Country: Taiwan
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31 minutes ago, David Holmes said:

Good to know.  How do we get the 24 months extension letter?  I did not know there was such a thing

Extension letters are a result of USCIS's work-around for their long processing times.  The 2-year Green Card extension letters began as 12-month extensions but were modified to the now common 24-month extension letter.  The letter will extend the expiration date on the actual card by 24 months.  The extension letter is not valid without the expired card along with it.

BTW, I-751s are now taking as long as 3+ years at some USCIS field offices.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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mindthegap Experienced

mindthegap   2,589

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted (edited)

You can file now, or at any time, if you are filing solo as a divorce/abuse waiver. 
But if filing jointly, no, it cannot be filed prior to the 90 day window preceding the card expiry. 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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