I751 - when to remove conditions?

[mchina34]

is it 90 days prior to the GC expiring (21 months), or is it 90 days prior to the second year of being married, which in most cases this would be well before the 90 days prior to the GC expiring.

 

 

 

also, if we move, do we still have to notify the USCIS of address changes now that we have a 2 year cond. GC?

Edited December 31, 2007 by mchina34 (see edit history)

[tonado]

http://www.visajourney.com/forums/index.ph...p;page=751guide

 

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card.

[Jason+Joanna]

As Tony says, 90 days prior to the GC expiration date. As for notice of moving, yes. You would need to inform them of a move, so they can send you the proper information to the correct address.

[IllinoisDave]

http://www.visajourney.com/forums/index.ph...p;page=751guide

 

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card.

 

I've seen this wording "filing jointly" when reading up on this. Under what circumstances would you NOT file jointly?

[david_dawei]

from the instructions:

 

If you were granted conditional resident status through marriage to a U.S. citizen or permanent resident, use this formto petition for the removal of those conditions. If you are still married, the petition should be filed jointly byyou and the spouse through whom you obtained conditional status. However, you may apply for a waiver of this joint filing requirement if:

1. You entered the marriage in good faith, but your spouse subsequently died;

2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;

3. You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or

4. The termination of your status and removal would result in extreme hardship.

[warpedbored]

http://www.visajourney.com/forums/index.ph...p;page=751guide

 

If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card.

 

I've seen this wording "filing jointly" when reading up on this. Under what circumstances would you NOT file jointly?

If you divorced her and she entered the marriage in good faith she could file to remove the conditions on her own. If she were abused and left you she could file to remove conditions on her own. Actually she could file to remove conditions on her own in any circumstance but the odds of approval would vary.

[IllinoisDave]

Thank you David and Carl. I was just curious. Thankfully, we don't meet any of the criteria listed.

[mchina34]

As Tony says, 90 days prior to the GC expiration date. As for notice of moving, yes. You would need to inform them of a move, so they can send you the proper information to the correct address.

 

 

but right now, i just moved, do i need to inform them? i'm not filing the document for 20 more months as we just got the GC 2 weeks ago.

 

thanks guys. for some reason i had always thought you could do it 90 days prior to the marriage anniv.

[david_dawei]

Thank you David and Carl. I was just curious. Thankfully, we don't meet any of the criteria listed.

I'm very thankful that you don't meet any of the criteria listed as well

[Jason+Joanna]

As Tony says, 90 days prior to the GC expiration date. As for notice of moving, yes. You would need to inform them of a move, so they can send you the proper information to the correct address.

 

 

but right now, i just moved, do i need to inform them? i'm not filing the document for 20 more months as we just got the GC 2 weeks ago.

 

thanks guys. for some reason i had always thought you could do it 90 days prior to the marriage anniv.

 

I believe it is a requirement to let the government know when a resident alien moves. Why would they have a form for such a purpose if not? Then again I am not 100% sure on this. It could be optional.

 

Here is the form:

 

http://www.uscis.gov/files/form/ar-11.pdf

 

You can also submit online according uscis website, and it doesn't cost anything.

[Jason+Joanna]

I just read the instructions, in particular:

 

AR-11, Alien's Change of Address Card

This card is to be used by all aliens to report a change of address within ten days of such change.The collection of this information is required by Section 265 of the Immigration and Nationality Act (8 U.S.C. 1305). The data issued by U.S. Citizenship and Immigration Services for statistical and record purposes and may be furnished to Federal, State, local and foreign law enforcement officials. Failure to report a change of address is punishable by fine or imprisonment and/or removal.

 

So, looks like its a requirement -- and within 10 days of the move.

[IllinoisDave]

Yes. This makes it official.

 

https://egov.uscis.gov/crisgwi/go?action=coa

 

"The law requires nearly all non-U.S. Citizens1 to report a change of address within 10 days of moving by completing a Form AR-11. Abiding by these legal requirements and completing the necessary forms does not update an address on any applications or petitions pending with USCIS. Non-citizens with pending cases must do both.

 

1. The only persons exempt from this requirement are nonimmigrants currently in A or G status (e.g. foreign government officials and international organization aliens) and certain nonimmigrants who do not possess a visa and whose current stay in the U.S. has not exceeded or will not exceed 29 days."

[esun41]

I have a friend in North Carolina that is married to a lady that knew my wife in Nanning. They filed 100 days prior and the USCIS sent his package back to him with a note to say file WITHIN the 90 day period. After he received the package, he re-mailed it because it was within the 90 day period.

 

Just goes to show ya, huh?

[mchina34]

As Tony says, 90 days prior to the GC expiration date. As for notice of moving, yes. You would need to inform them of a move, so they can send you the proper information to the correct address.

 

 

but right now, i just moved, do i need to inform them? i'm not filing the document for 20 more months as we just got the GC 2 weeks ago.

 

thanks guys. for some reason i had always thought you could do it 90 days prior to the marriage anniv.

 

I believe it is a requirement to let the government know when a resident alien moves. Why would they have a form for such a purpose if not? Then again I am not 100% sure on this. It could be optional.

 

Here is the form:

 

http://www.uscis.gov/files/form/ar-11.pdf

 

You can also submit online according uscis website, and it doesn't cost anything.

 

 

i thought that form was for people with pending cases, not people with a GC. anyways, i'll just send them one. such a lovely way to make permanent residents feel like second rate citizens living in a police state.

 

"Failure to report a change of address is punishable by fine or imprisonment and/or removal." Where to, GITMO?

[dnoblett]

As Tony says, 90 days prior to the GC expiration date. As for notice of moving, yes. You would need to inform them of a move, so they can send you the proper information to the correct address.

 

 

but right now, i just moved, do i need to inform them? i'm not filing the document for 20 more months as we just got the GC 2 weeks ago.

 

thanks guys. for some reason i had always thought you could do it 90 days prior to the marriage anniv.

 

I believe it is a requirement to let the government know when a resident alien moves. Why would they have a form for such a purpose if not? Then again I am not 100% sure on this. It could be optional.

 

Here is the form:

 

http://www.uscis.gov/files/form/ar-11.pdf

 

You can also submit online according uscis website, and it doesn't cost anything.

The rule is AR-11 must be filed within 10 days of any move of a resident alien, AND form I-865 must be filed also within 30 days of the immigrant sponsor's move, this is required by LAW. This all ends only after Resident alien naturalizes and becomes a US Citizen.

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD I-865 Sponsor's Notice of Change of Address

Edited January 4, 2008 by dnoblett (see edit history)