What is the requirement for converting the conditional residence visa to remove the conditional status? 10 Answers as of October 31, 2013

It was my understanding that if you were not married for two full years before submitting the visa application, you had to do so 90 days prior to the second anniversary of the spouse's entry into the US. I've read today that you must submit the change from conditional status within 90 days of your second anniversary of marriage. For example, my spouse has a visa that will allow her entry into US at the 21st month of our marriage. It was my understanding the two year point is from entering the US, so we would have to apply at 42 month after the wedding, which is the 21st month of her entry into the US on the conditional visa. Please clarify this issue for me.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Universal Law Group, Inc. | Francis John Cowhig
Not the 2nd Anniversary of your marriage, but the 2nd Anniversary of receiving your conditional green card. For example. If you were married on January 1, 2012 and receive your conditional green card on March 31, 2013, which is less than 2 years from the date of your marriage, you would need to file to have the condition remove within 90 days before March 31, 2015. It is the date your green card was issued, not the date of your marriage.
Answer Applies to: California
Replied: 10/31/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
You may apply to remove the conditions by mailing in the application 3 months before your conditional status expires. If you are no longer married you can file on your own. However there are requirements for filing on your own. I suggest you consult with an experienced immigration attorney.
Answer Applies to: Florida
Replied: 10/31/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
Yes the earliest you can apply for conditional removal is after the 21st month from the initial date on the green card.
Answer Applies to: California
Replied: 10/31/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You have to submit the petition to remove the conditional residence within 90 days of the expiration of your 2 year conditional green card, not the 2nd anniversary of your marriage.
Answer Applies to: California
Replied: 10/31/2013
Law Office of Eric Fisher | Eric Fisher
The I-751 petition must be filed within 90 days of the expiration date on your LPR card. The instructions and form are available at www.uscis.gov
Answer Applies to: Colorado
Replied: 10/31/2013
    Law Office of Nadine A. Brown, P.A. | Nadine A. Brown, Esq.
    The Removal of Conditional Residence is required 90 days prior to the expiration of the Conditional Resident status. The card has an expiration date and it is 90 days prior to that date that controls when an application for the 10 year Green Card should be submitted.
    Answer Applies to: Florida
    Replied: 10/31/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    The 2-year marriage requirement for permanent residency is counted from the date that your application for adjustment of status is adjudicated or when a decision is made on the application. It is not counted from the date that your spouse enters the U.S. nor is it counted from the date that the application was file. For example, if your spouse files her application at 21 months but the application is not approved until after the second anniversary of your marriage, your spouse would be granted permanent residency (10-year card) instead of conditional residency (2-year card).
    Answer Applies to: Texas
    Replied: 10/31/2013
    Law Offices of N.J. SAEH PC | Noel J. Saleh
    It never fails to amaze me how misinformation becomes fact and confuses an issue beyond reason. Your initial understanding was the most correct. If your spouse entered the U.S. as a conditional resident then the I-751 should be filed 21 months after entry. The date of marriage is only applicable in determining if the spouse enters as a CR (2 year card) or IR (10 year card). Just to complicate and confuse you more: If the spouse delays entry until after the 2 year anniversary of the marriage then they will be admitted as an IR with the 10 year card. There would be no need to ever file an I-751.
    Answer Applies to: Michigan
    Replied: 10/31/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The Instructions on Form I-751 clearly advise that a joint petition to remove conditions must be filed during the 90 period immediately before the expiration of the person's conditional residence.
    Answer Applies to: New York
    Replied: 10/31/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    It is within 90 days of the expiration of the 2 year green card to remove the conditions and to get the 10 year green card.
    Answer Applies to: Michigan
    Replied: 10/31/2013
Click to View More Answers: