Filing I-751, earliest vs. later

[EatBulaga 315]

Greetings ROC experts,

 

04-22-2025: Conditional Residence Expiration Date
04-22-2023: Conditional Resident Since
01-22-2025: Earliest data you may file your Form I-751

 

Planning ahead a little, I have a scenario where I can submit the I-751 at or near the earliest date (01-22-2025), or wait later to file (like wait  30- to 40-days like late 02-2025 or early 03-2025).

 

1. Submitting later allows time to file for the 2024 income tax.
At the earliest date of 01-22-2025, I may not have time to file the 2024 income tax.
I would already have the 2022 and 2023 tax transcripts already with the I-751.
So is there any advantage to including the 2024 income tax filing with the I-751? 

 

2. Whether submitting I-751 at the earliest or later, the "Conditional Resident Since" date does not change, so is the 4-year extension based on the NOA1 date (depends on the date of I-751 submission) or the Conditional Resident Since date?

If the 4-year extension depends on the NOA1 of I-751, wouldn't submit later buy a later 4-year extension expiration?

 

3. Is there any more advantage to submitting at the earliest than later besides getting into the USCIS system with an earlier NOA1 date?

 

So given the dates for our case, which is more preferable? to submit at the earliest or later?

Or am I missing anything?

 

Your expert responses with whys are appreciated. Thanks.

Edited July 19, 2023 by EatBulaga

[Rocio0010 5,579]

29 minutes ago, EatBulaga said:

So is there any advantage to including the 2024 income tax filing with the I-751? 

I think it depends on the rest of the marital evidence that you CAN submit. If you really don't have much financial evidence, then yes, wait. But if you do have solid evidence, I don't think a tax return will make a difference.

 

31 minutes ago, EatBulaga said:

so is the 4-year extension based on the NOA1 date (depends on the date of I-751 submission) or the Conditional Resident Since date?

Neither. It is based on the expiration date of your green card.

 

32 minutes ago, EatBulaga said:

3. Is there any more advantage to submitting at the earliest than later besides getting into the USCIS system with an earlier NOA1 date?

Not really, but getting an extension letter is proof of your status should you need to travel. So, to me, the earlier, the better.

[Mike E 11,739]

@EatBulaga

 

1. No advantage to waiting. Only disadvantages. When your 2024 tax return transcript is available, sent it as unsolicited evidence to the address listed on your I-751 extension letter

 

2. It is based on the  expiration date of your 2 year GC

 

3. The sooner you submit, the sooner you get an extension letter. Too many people delay filing, travel, then a  mishap causes their gc to expire while abroad with no extension letter and no way to get home.

 

4. Submit at the earliest time possible if submitting within the U.S.  If submitting from outside the U.S., submit at 89 days before the card expires, because due to the international date late it is possible for a package to arrive the day before it was sent.