Green Card Back Date Back to DOE

[bigdog 376]

My wife received her green card and it was predated to the DOE into USA, almost one year before the I485 Green Card approval date. We attended an info-pass appointment today and USCIS confirmed that is what they did. So we received full credit from the time of entry prior to our I485 application/approval date which was within the I94 90 day time period. Long story short in a little over two months we will apply for her 10 year ROC. :thumbs:for USCIS.

Edited July 31, 2012 by bigdog

[Harpa Timsah 13,258]

Um, no. Sorry, this is an error. You must get it corrected. The day her I-485 was approved is the day that her Permanent Residence started. You need to send off for a replacement card (for free).

You can't be a PR based on marriage before you are actually married. The person you spoke with must have thought you were a CR-1 case, which you are not if you filed a I-485.

Edited July 31, 2012 by Harpa Timsah

[bigdog 376]

Um, no. Sorry, this is an error. You must get it corrected. The day her I-485 was approved is the day that her Permanent Residence started. You need to send off for a replacement card (for free).

You can't be a PR based on marriage before you are actually married. The person you spoke with must have thought you were a CR-1 case, which you are not if you filed a I-485.

We personally met with USCIS today in Phoenix, all in order, Thanks Anyway

[Harpa Timsah 13,258]

We personally met with USCIS today in Phoenix, all in order, Thanks Anyway

They were confused or mistaken. This is not how it works, and I suspect they thought you were a CR-1 case. If you do not correct this error, your wife may have problems down the road, or even get her PR revoked. It is USCIS error, but you should treat it seriously and get it amended. A K-1 becomes a Permanent Resident after marriage to the petitioner in the US and after I-485 approval, not when they first enter the US on K-1.

[bigdog 376]

They were confused or mistaken. This is not how it works, and I suspect they thought you were a CR-1 case. If you do not correct this error, your wife may have problems down the road, or even get her PR revoked. It is USCIS error, but you should treat it seriously and get it amended. A K-1 becomes a Permanent Resident after marriage to the petitioner in the US and after I-485 approval, not when they first enter the US on K-1.

Look I hear you, I am in LE, called had a review and then scheduled in person review, same answer that they are backdating many due to their extended delays etc. reasoning. Thanks for your concern, they will have a permanent record of my call and their response letter as well as our face to face meeting.

[BobCray 5]

same answer that they are backdating many due to their extended delays etc. reasoning.

I'd be interested to hear if this has happened to anyone else. If it's the case for all cards being issued at the moment, all well and good. If it's only you wife's Green Card then it's obviously an error.

To me it doesn't make sense. ROC is after 2 years of marriage, how can the 2 years start before you were married?

[KayDeeCee 4,893]

I'd be interested to hear if this has happened to anyone else. If it's the case for all cards being issued at the moment, all well and good. If it's only you wife's Green Card then it's obviously an error.

To me it doesn't make sense. ROC is after 2 years of marriage, how can the 2 years start before you were married?

It can't. This is a mistake. Permanent residence begins on the the date the I-485 was approved, not the date someone entered the US with a K-1.

[Darnell 8,478]

more silliness with computer programming (or the lack thereof) from the Serco Contractor's "Data Unit".

I really hate these fellas. FWIW, this is a new thing - the business unit of Dell that was doing this, was doing it the right way. Then it got sold to Serco, and Serco has messed it up.

[Pitaya 2,577]

It sounds like bigdog has got a good handle on the situation. They should have adequate records of this situation (hopefully), unless they outsource that to some other worthless corporate entity.....

Here is living proof that we have the "best" government that money can buy.....

Dot your "i's" and cross your "t's", keep good records, cause you never know when the government will try to foul it up....

[Dave&Judy 3]

They were confused or mistaken. This is not how it works, and I suspect they thought you were a CR-1 case. If you do not correct this error, your wife may have problems down the road, or even get her PR revoked. It is USCIS error, but you should treat it seriously and get it amended. A K-1 becomes a Permanent Resident after marriage to the petitioner in the US and after I-485 approval, not when they first enter the US on K-1.

I agree with Harpa.

Back to fundamentals:

A K-1 becomes a GREEN when marriage to USC spouse AND then having AOS done after the interview.

ROC can be done at the 2nd anniversary of AOS (not marriage).

[ceadsearc 516]

There is a USCIS employee or two out there that is going to be in serious trouble later!

It's up to you what to do but I'm with Harpa. It is impossible to be a PR before marriage. At best I foresee you having to pay to ROC twice since USCIS isn't big on refunding you even when they screw up.

[bigdog 376]

more silliness with computer programming (or the lack thereof) from the Serco Contractor's "Data Unit".

I really hate these fellas. FWIW, this is a new thing - the business unit of Dell that was doing this, was doing it the right way. Then it got sold to Serco, and Serco has messed it up.

I am making another run at USCIS Phoenix on this and will send a letter and documentation with a completed I90 form, we will see. My wife says you called, appeared in person, we will see what happens. If they still come back OK then I am done and have saved all the correspondence.

[Darnell 8,478]

Wei - I not call your wife, or appear at her doorstep.

If I had, we'd all be cooking this weekend.

[bigdog 376]

FYI three visits to get wife’s GC fixed

USCIS made an error and put her PR start date before her entry. Finally on my third visit the IO understood and stated "if you would have applied for ROC they would have figured it out and you wold have been in big trouble". So I filed her I90 when I got home and waiting again. The officer did tell me when they send the acknowledgement letter they will stamp her passport with an extension for the GC. Hope you guys are well, 110 in Phoenix.

Wei - I not call your wife, or appear at her doorstep.

If I had, we'd all be cooking this weekend.

Isn't love grand.

[ceadsearc 516]

I'm glad you got it worked our! Hopefully the officers who made the mistake and especially the ones who advised you not to worry about it will be reprimanded or given additional training.