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Filing to remove conditional green card - timing?

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  • Filing to remove conditional green card - timing?

    I know to file to remove conditional green card is 3 months before the 2 years are up. I know the earlier, the better, but is it that one has within the 3 months to file? For example, 2 months before the 2 year is up is okay too? Does immigraiton have to receive the filling (according to postal process) to within the 3 months is up to be considered not out of status?

  • #2
    I know to file to remove conditional green card is 3 months before the 2 years are up. I know the earlier, the better, but is it that one has within the 3 months to file? For example, 2 months before the 2 year is up is okay too? Does immigraiton have to receive the filling (according to postal process) to within the 3 months is up to be considered not out of status?

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    • #3
      INS uses postal dates to determine timeframe eligibility, as long as it is postmarked by the intended date.

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      • #4
        If you spend enough time searching 8 CFR, you will find an exact regulation defining with razor-thin precision what the definition of 'filing date'* in I-751 is and else.

        But since you know that you have 3 months window prior to second anniversary, simply fill out the forms and mail them 90 days prior to such date.

        I do NOT know what the regulations in I-750 removal of condition are, but I would expect it to allow you to file* anytime between 90 and 0 days prior to second anniversary, and you are advised to file earlier to make sure that it's in the system and being processed well before your 2 year card expires.

        This is not a legal advice. I am not an attorney. Consult one if you need.

        Good luck

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