Time to file for AOS I-485 question about how soon I can file

[GregDaniyelyan 0]

Hello everyone, I hope you all are starting the new year off with approvals! My wife entered as a spouse in Aug 2021. We received her 2 year expiration green card/SS# at that time and now want to apply for the AOS. My question is do I have to apply no more than 90 days before the green card expires? Can I file earlier? GC expires in August 2023 and she would like to visit home this summer. 

 

1st question: Can we apply for AOS more than 90 days before the expiration of the Green Card? And roughly how long are we looking at for that process?

2nd question: If it's going to take longer, can I apply for some sort of extension so that she can at least visit home without issues? 

 

Thank you,

-Greg 

[K1visaHopeful 2,814]

Are you talking about I751 ROC and mistakenly posted this in the K1 Visa forum?

 

Hard to tell what immigration processes that you've gone through already to make a guess as to what you are taking about now as your VJ timeline is blank. 

Please fill it out as you agreed to when you signed up. 

[OldUser 6,629]

1. No, she cannot file I-751 earlier than 90 days before GC expires unless you were divorced and she was filing with divorce waiver

2. Once I-751 is filed, she will get I-797 notice of action extending validity of her Green Card by 48 months. She will have to carry this original letter together with expiring 2 year green card and valid passport to travel.

Edited January 26, 2023 by OldUser

[GregDaniyelyan 0]

17 minutes ago, K1visaHopeful said:

Are you talking about I751 ROC and mistakenly posted this in the K1 Visa forum?

 

Hard to tell what immigration processes that you've gone through already to make a guess as to what you are taking about now as your VJ timeline is blank. 

Please fill it out as you agreed to when you signed up. 

Yes, I did mean form i-751! I don't know why I had the other number stuck in my head. Updated timeline to the best of my memory, hope that shows up soon. Went through CR1 visa. 

 

10 minutes ago, OldUser said:

1. No, she cannot file I-751 earlier than 90 days before GC expires unless you were divorced and she was filing with divorce waiver

2. Once I-751 is filed, she will get I-797 notice of action extending validity of her Green Card by 48 months. She will have to carry this original letter together with expiring 2 year green card and valid passport to travel.

And thank you! OldUser and 3 years after the approval of the I-751, am I right in saying we can apply for citizenship? 

[OldUser 6,629]

23 minutes ago, GregDaniyelyan said:

and 3 years after the approval of the I-751, am I right in saying we can apply for citizenship? 

No, she can apply for citizenship after 3 years of being LPR (resident since date) minus 90 days. Even if I-751 is still pending, which is a great chance nowadays. I-751s take anywhere between 1 and 3 years, but she can apply for naturalization as soon as she becomes eligible. Sometimes I-751 will be approved before N-400 interview, and sometimes a combo interview will be conducted for I-751 and N-400.

 

She also has an option of naturalizing after 5 years after resident since date on her Green Card. This would involve a lot less paperwork and evidence than N-400 under 3 year rule. Whichever way, I-751 must be filed and approved before she becomes a citizen.

Edited January 26, 2023 by OldUser

[GregDaniyelyan 0]

Appreciate all your help and the time taken to answer questions! Going to get started putting the packet together, so we can send it as soon as the time comes. 

[Ontarkie 14,218]

~~Moved to ROC from AOS Family K1/K3 P&P~~