WHAT TO DO BEFORE 2 YRS GC EXPIRE

[BOKURAGAITA 105]

Good day VJ!,

I always update here once in a while since this forum is my only resource throughout me and my children's process and I'm back again to ask questions.

 

My 2 yrs GC was approved April 2023 and my children's 2yrs GC got approved November of 2023, I'm still anxious and wanted to make sure that I'm still doing the right process until were all done 

in this process. I believe its 3mos before my 2yrs GC expire, can i also file my children's GC or I need to separate mine and to them?. We have plans of travelling to PH next year or do the Cruise.

I apologize if my English is not good and I hope if anyone can understand my question i always appreciate the help and advice.

 

Thank you!

[K1visaHopeful 2,938]

  On 1/28/2024 at 1:57 AM, BOKURAGAITA said:

 I believe its 3mos before my 2yrs GC expire,

 

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It's 90 days (which does not usually calculate to 3 months). You may use the online USCIS Early Filing Calculator to find the exact date your 90 day window opens. 

  On 1/28/2024 at 1:57 AM, BOKURAGAITA said:

can i also file my children's GC or I need to separate mine and to them?.

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You'll have to check the issue dates on all of your GCs.

If they were issued within 90 days of each other you can file jointly on one I751 but you'll have to pay the various separate fees for biometrics depending on their ages.

Beyond 90 days, they'll be required to file their own I751s.

Reading the I751 instructions and the webpage where you find the form (all bullets) will be helpful to you.

[Ontarkie 14,707]

~~Moved to ROC from AOS Family K1/K3 P&P - the OP is done with AOS and researching the ROC process~~

[BOKURAGAITA 105]

  On 1/28/2024 at 2:36 AM, K1visaHopeful said:

It's 90 days (which does not usually calculate to 3 months). You may use the online USCIS Early Filing Calculator to find the exact date your 90 day window opens. 

You'll have to check the issue dates on all of your GCs.

If they were issued within 90 days of each other you can file jointly on one I751 but you'll have to pay the various separate fees for biometrics depending on their ages.

Beyond 90 days, they'll be required to file their own I751s.

Reading the I751 instructions and the webpage where you find the form (all bullets) will be helpful to you.

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Hi! Thank you for your respond and i tried the early calculator and this is what i got. 

[K1visaHopeful 2,938]

  On 1/28/2024 at 3:14 AM, BOKURAGAITA said:

Hi! Thank you for your respond and i tried the early calculator and this is what i got. 

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That cannot be correct as your post says you received your conditional GC in April 2023. That means it will expire in April 2025 not April 2024. You have input the wrong year at least. As for month and day, I cannot answer but the issue date is on your card.

[BOKURAGAITA 105]

  On 1/28/2024 at 3:55 AM, K1visaHopeful said:

That cannot be correct as your post says you received your conditional GC in April 2023. That means it will expire in April 2025 not April 2024. You have input the wrong year at least. As for month and day, I cannot answer but the issue date is on your card.

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Yea its a mistake and thank you

[J.M. 280]

I just want to add a little twist to this, based on my personal experience.  Although USCIS says derivative conditional green card approval must be "on the same day or within 90 days" to be included on the same I-751, in reality it should say "on the same day of within 90 days AFTER."  Somehow, the dependents conditional green cards were approved 1 month BEFORE the parent.  That's really not supposed to be possible, since the derivatives approval is based on the principal's approval, but it happened.  We filed I-751 jointly, and it was rejected, with a letter explaining that the kids GC dates needed to be within 90 days AFTER the parent GC date.  I was NOT happy, having to pay triple the fee for something that isn't even supposed to be possible.