Herndon, VA asked in Immigration Law for Virginia

Q: When do I actually file to remove Condition from my green card?

I have been married for a year in May 2019. I got my 2 year green card in February 2019 which is valid till February 2021. Do i remove conditions on my green card within 90 days of my second marriage anniversary or is it 90 days of the GC expiration date?

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4 Lawyer Answers

Kevin L Dixler

Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: File within the 90 day period before the 2 year card expires. Otherwise, there can be complications if the petition is not received, not filed or otherwise rejected. Be forewarned that the form instructions are incomplete. That is why it’s wise to seek legal advice. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Svetlana Kats

Answered
  • Immigration Law Lawyer
  • Cleveland, OH

A: Agree: file it 90 days before expiration of your conditional GC. Good luck!

Sheri A Benchetrit

PREMIUM
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: You need to file form I 751 to remove the conditions on your green card within the 90 day window before the conditional green card expires. USCIS will at that time be looking for evidence of a bona fide marriage and will want to see ONLY evidence that you can gather that includes the time between when you received your green card in February 2019 until February 2021. You should consult with an experienced immigration attorney so that you will know exactly what evidence to provide and you will make sure that it gets filed in a timely manner. If it is filed at the 2 year, 1 day mark, it could be rejected and you would have to start the whole process again.

Hector E. Quiroga

PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You can file to remove conditions 90 days prior to the expiration date of your green card.

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