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Q: Green card renewal ( Answered,   0 Comments )
Question  
Subject: Green card renewal
Category: Relationships and Society > Law
Asked by: kopigooni-ga
List Price: $10.00
Posted: 03 Jun 2002 13:21 PDT
Expires: 10 Jun 2002 13:21 PDT
Question ID: 20418
There is an expiration date listed on my greencard.  What do I need to
do to renew at the time of expiration?  I am no longer married to the
US citizen I was married to at the time my green card was granted
Answer  
Subject: Re: Green card renewal
Answered By: robertskelton-ga on 03 Jun 2002 14:26 PDT
 
Hi there,

What you do now to renew your Green Card (Permanent Resident Card)
will depend on whether you are a Conditional Resident or not, so I
have listed each possibility for you. Quotes are from the INS.

You need to determine whether it is your card or your status that is
expiring. If it is your status that is expiring, you are known as a
Conditional Resident, and you need to read all except the next
paragraph.

"If you are a permanent resident who was issued a Form I-551 valid for
ten years", you need to renew it within 6 months of expiry, by using
this form:
http://www.ins.usdoj.gov/graphics/formsfee/forms/i-90.htm

As a Conditional Resident based on marriage, the following applies to
you:

"Your permanent residence status will be conditional if it is based on
a marriage that was less than two years old on the day you were given
permanent residence."

If this is you, and your status is expiring, then you need to use Form
I-751, "Petition to Remove the Conditions of Residence" - which is
"For a conditional resident who obtained status through marriage to
apply to remove the conditions on his or her residence":
http://www.ins.usdoj.gov/graphics/formsfee/forms/i-751.htm

After submitting the form, "the INS will extend your conditional
resident status for up to 12 months while your Form I-751 petition is
under review".

The form must be filed "within the 90-day period before your second
anniversary as a conditional resident".

"If you are unable to apply with your spouse to remove the conditions
on your residence, you may request a waiver of the joint filing
requirement." It's on the same form mentioned above. You need to do
this if you are no longer married to your spouse.

You may apply to remove your conditions on permanent residence if:

1. You are still married to the same U.S. citizen or lawful permanent
resident after two years (your children may be included in your
application if they got their conditional resident status at the same
time that you did or within 90 days).
 
2. You entered into a marriage in good faith, but the marriage was
ended through divorce or annulment.
 
3. You entered into a marriage in good faith, but either you or your
child were battered or subjected to extreme hardship by your U.S.
citizen or lawful permanent resident spouse.

Other reasons (less likely to apply to you) are on this page:
http://www.ins.usdoj.gov/graphics/howdoi/remcond.htm

Basically, they need to be convinced that the marriage was genuine,
and not just a means of becoming a US citizen. If the reason number 2
applies to you, there is some information on what you need to "prove"
that the marriage was genuine on these pages:

ZBG & Associates - Procedures to Remove the Conditions on Permanent
Residence:
http://www.hooyou.com/marriage/removal.html
ForeignBorn.com - Removing Conditional Resident Status (from
Marriage):
http://www.foreignborn.com/visas_imm/immigrant_visas/marriage/5removing_cond.htm

Summary of INS links used:

How Do I Renew My Permanent Resident Card (Green Card)?
http://www.ins.usdoj.gov/graphics/howdoi/renew.htm
How Do I Remove the Conditions on Permanent Residence Based on
Marriage?
http://www.ins.usdoj.gov/graphics/howdoi/remcond.htm
I-751, Petition to Remove the Conditions of Residence
http://www.ins.usdoj.gov/graphics/formsfee/forms/i-751.htm
I-90, Application to Replace Permanent Residence Card 
http://www.ins.usdoj.gov/graphics/formsfee/forms/i-90.htm

Google search used:

expiration green card renew
://www.google.com/search?hl=en&ie=UTF8&oe=UTF8&q=expiration+green+card+renew

I trust that this answers your query. Feel free to request
clarifications on any aspect of my response.

Best wishes,
from robertskelton-ga
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