When is the earliest you can apply for 10 yr GC?

[Zhen's Tiger]

Hi All,

I know the answer already, but I am being told to ask. We were married in March of 2006, so we are married more than 2 years at this time. Zhen arrived in the US in January of 2007. I am under the impression that since she arrived in the USA prior to our 2 year Anniversary, that we must apply for the 2 yr GC (which we've done & received), then wait until 90 days prior to it's expiration to apply for the 10 yr. Is that correct?

Zhen is being told that since we are now married more than 2 years, that is OK to send in the application for the 10 year GC now. Is that true?

Thank you very much in advance!

 

Steve & Zhen

[Randy W]

Hi All,

I know the answer already, but I am being told to ask. We were married in March of 2006, so we are married more than 2 years at this time. Zhen arrived in the US in January of 2007. I am under the impression that since she arrived in the USA prior to our 2 year Anniversary, that we must apply for the 2 yr GC (which we've done & received), then wait until 90 days prior to it's expiration to apply for the 10 yr. Is that correct?

Zhen is being told that since we are now married more than 2 years, that is OK to send in the application for the 10 year GC now. Is that true?

Thank you very much in advance!

 

Steve & Zhen

 

What you could have done, is to have waited until March 2008 to apply for AOS. You could then have skipped the 2 year card, and gone directly to the 10 (this happens even when submitting the I-485).

 

Actually, as long as your AOS application is approved AFTER your 2nd anniversary, it will be a 10 year card.

 

But to answer your question, yes you are right - you must now wait until 90 days before the 2 year card's expiration to apply to remove conditions.

[dnoblett]

You need to wait until within 90 days before the CR-Green-Card expiration.

 

For K-3 holders I tend to advise to adjust status as close to 2nd wedding anniversary as possible without being more that 1 year past the visa medical as possible, and hope to get green-card approval after 2nd wedding anniversary.

 

2nd wedding anniversary only counts if green-card is approved after 2nd wedding anniversary, it does not have any influence on when you can file I-751.

[yuehan123]

Well, since 'somebody' told your wife, it matters not what you or I, or the rest of us say. 'Somebody' is always exactly right. It may be helpful to show your wife, in governmentese black and white, what the rule is.

 

Review the letter you received with the first card. Some call it the Congratulations letter. However, it is not the I-797c with main title of 'Welcome to the USA." Rather, it is the form letter that came with the 2 year green card.

 

This form letter will give the exact date you are first eligible to file the form I-751.

[Zhen's Tiger]

Well, since 'somebody' told your wife, it matters not what you or I, or the rest of us say. 'Somebody' is always exactly right. It may be helpful to show your wife, in governmentese black and white, what the rule is.

 

Review the letter you received with the first card. Some call it the Congratulations letter. However, it is not the I-797c with main title of 'Welcome to the USA." Rather, it is the form letter that came with the 2 year green card.

 

This form letter will give the exact date you are first eligible to file the form I-751.

Thanks for the replies & confirmations, guys. 90 days prior to expiration of the 2 yr GC as I thought.

Yes, 'someone' on 'another website' posts about how they sent in their I-751 early because they have been married for 2 years now & they believe they do not need to wait until the 90 days prior to expiration of their 2 yr GC, and now my wife says we should try.

I told her we cannot & that if we send it in early, they will only send it back to us telling us to wait until 90 days prior...

The worst part is this other person posts about what they are doing, and gets people excited about the idea, but nobody straightened them out & told them it couldn't be done. So it will be quite a while before they get the the App sent back to them telling them to wait & they realize they were wrong. Do you think they will get back on the site & say "Sorry, I made a mistake, don't do what I tried to do"?

I doubt it... and even if they do, I'll be having arguments discussions on the subject for quite some time because of it.

[dnoblett]

I have seen one member get away with filing the I-751 well before the 90 day mark, but was able to do it on a technicality, USCIS had issued them a CR-Green Card with an incorrect issue date, they had the date as original arrival date on K-1, instead of AOS approval date.

 

SEE: http://candleforlove.com/forums/index.php?...st&p=343816