When should I-751, the Petition to Remove Conditions on Residence, be filed?
A marriage based residence application results in a conditional residence unless it is more than 2 years old at the time of granting the immigrant status. The petitioner and beneficiary may file a joint petition with USCIS to request the conditions on the beneficiary’s residence be removed and granted permanent residence. Federal Regulations require that the petition filed on Form I-751 must be filed within 90 days of the second anniversary from date the beneficiary was granted conditional residence. This means that if the petition is filed prior to the 90 days then USCIS will not grant the petition.
It is extremely important to make note of three important dates to correctly determine the earliest date that a form I-751 may be filed.
- First calculate the date the beneficiary was granted conditional residence.
- Second, calculate the date of the second anniversary from the date the beneficiary obtained conditional residence. To do this add two years to the date indicated on the Card I-551.
- Third, determine the earliest date to file form I-751 by subtracting 90 days from the second anniversary of the conditional residence.
Therefore, let’s take into consideration the following example:
Mr. Uhil was granted conditional residence on July 1, 2016 and is very excited to finish residence process. They pull out their trusty calendar and start counting down the days until they can file their joint petition to remove conditions. What dates do Mr. Uhil and his spouse need to know to accurately calculate the earliest date which the petition can be filed?
- Step One: Write down the date which the Beneficiary was granted conditional residence.
- Step Two: Add two years to the date in step one.
- Step Three: Use a calendar or a date calculation app such as www.timeanddate.com to subtract 90 days from the date determined in step two. This date is the earliest that the petition to remove conditions can be filed with USCIS.
Keep in mind that this procedure is to determine the earliest possible date to file and not the last date to file. USCIS must not receive the petition to remove conditions later than the expiration of the conditional residence. It is always advisable to consult with an experienced immigration attorney to address any circumstances in the marriage that may cause issues with the removal of conditions including but not limited to separation, divorce, child born out of the marriage, limited joined assets and liabilities.
Contact the attorneys at Benavides & Serrano PLLC 713-222-2828 to assist you with the removal of conditions on your residence.