AOS after 2 years

[LiandLarry]

I am a little confused on when to apply for the extended AOS. Li came here on April 28th 2006. We married on June 30th 2006 and she got her green card in August 2006. I remember that you can apply no more than 90 days before the date. Is that the Green Card issue date? I think I heard something about not going to an interview too.

 

Any help would be very welcome.

 

Larry

[Sebastian]

As I recall, it's 90 days prior from the expiration date of her green card.

[NUWORLD]

As I recall, it's 90 days prior from the expiration date of her green card.

 

 

This might answer your questions.

 

Background:

 

A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States.

 

When to File:

 

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. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully.

 

It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window.

 

If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements).

 

You will NOT be sent any reminder to file this petition from USCIS. Per the USCIS,

 

"At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

 

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition."

 

The USCIS provides additional information here and here.

 

[dnoblett]

You are not filing I-485 to adjust status (AOS) you status changed from Non-immigrant to immigrant when the CR-Green-Card was approved, what you are now doing is filing to remove the conditions on the green-card.

 

You will be filing I-751, and will need to do this within 90 days before the CR-Green-Card expiration.

 

There are guides you want to look at:

 

http://candleforlove.com/forums/index.php?showtopic=29296

 

And VJ

 

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

[LiandLarry]

̸¿Ú¶ùÓï

 

Thank you very much

[Guest lilac6451]

̸¿Ú¶ùÓï

 

Thank you very much

 

What is "̸¿Ú¶ùÓï'?

[LiandLarry]

Li had the computer set on Chinese characters.

 

I typed "Thank you very much" and that is what came up.

 

I can not read characters but I guess she communicates with family and friends in China with that program.

 

Larry