Generally, you must file with your spouse within 90 days of your two-year Green Card (Permanent Resident Card) expiring.
If you do not file on time, we may automatically terminate your status and issue you a Notice to Appear (NTA).
There are the following three types of filing I-751.
1. When Filing jointly:
This is the most common filing.
If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires.
2. When Filing with a request that the joint filing requirement be waived or individually filed:
You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.
3. Effect of not filing:
If this petition is not filed, you will automatically lose your permanent resident status two years from the date on which you were granted conditional status.
You will then become removable from the United States.
If you file -751 late?
If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing.
Failure to file before the expiration date may be excused if you demonstrate when you file the petition that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.
Our law office will provide a reasonable explanation letter for you to USCIS.
We'd like to help you live in the US happily as both an immigrant family and an immigration attorney. Please feel free to contact us or visit our office. 949-344-0222