ROC Finally! Confusion CLEARED!!

[pot121 1]

Finally my confusion came to an end!

Earlier last November 2012 I filed my ROC to VSC and it was sent back because they told me I was not eligible prior to 90 day period of applying.

I went to TAMPA field office for an info pass and they told me that my GC has wrong expiration date, It has Jan 04,2013 and it should be Jan 04,2014. Because I just got my GC last Jan 2012. So I filed an I-90 to correct it. Unfortunately it did not make it to the Service center, why? nobody knows, it still says it departed Orlando last dec5 and expected delivery date was last dec6 but it never got delivered. SO Im thinking it got lost. Im left without any proof of residency.

So I went to another info pass appointment, this time at the ORLANDO field office. I told the IO about my situation, that I sent the GC and now I think It got lost. SO I asked for a stamp. The IO asked me why did I send the I-90 form. I told him the reason from the ROC application that was rejected due to wrong expiration date. Then he looked into my file and told me that everything on my GC is actually CORRECT! He cleared to me that even if I just got my GC last january 2012 after my AOS interview, my residency date will back date to the year I got married which is 2011. Thats why the residency since date on my card is January 2011 and not January 2012 when I got approved on my interview.

Interview was January 4,2012

dates on GC

expiration January 4, 2013

resident since January 4, 2011

The IO told me that they have my resident since date on the system is January 4,2012 which is wrong. thats why they rejected my ROC the first time. They gave me the GC with the correct dates but they never fixed the date on their system. I only have to wait 1 year from when I first got my GC because I was married for a year already when we filed my I-485.

So he said that he will fix mt resident since date on their system to January 4,2011 right away. he told me to file the ROC again real soon because it will expire on Jan 4, 2013. He said they should accept it and I should get no problems with them. He also gave me a stamp on my passport good for another whole year! Thank god I talked to a knowledgeable IO!! BOOOOOO to the IO I spoke at the TAMPA FIELD OFFICE for giving me wrong info that led me to so much trouble!!!

In the bright side, I sent my I-751 today and should be there on thursday the 20th!!! Im joining the Dec 2012 ROC thread!!! The wait begins again!!! Goodluck to everyone filing for ROC!!

[ceadsearc 516]

Not to be a downer, but your residency can't start before you file AOS and are approved. I am not sure how this IO plans to "fix" your dates, but just be aware that you may run into the same situation because chances are a supervisor or someone else will catch on to the error (and if not, then when your ROC gets to the top of the pile that IO likely will).

If you read the regulations and rules regarding green cards through marriage, your length of marriage prior to receiving your GC only affects whether you get a 2 year GC or a 10 year GC. Your residency can't be "backdated" unless someone messes up.

[phoenix77 1]

It is ridiculous. IOs are supposed to know the darn rules and laws of immigration..where the heck do they find this guys? Half of them are clueless,ofcourse your residency status starts from the moment you get approved for it not from the time you got married,everybody knows that..except guess who..an IO !! bummer!!

[caeremonarius 26]

Not to be a downer, but your residency can't start before you file AOS and are approved. I am not sure how this IO plans to "fix" your dates, but just be aware that you may run into the same situation because chances are a supervisor or someone else will catch on to the error (and if not, then when your ROC gets to the top of the pile that IO likely will).

If you read the regulations and rules regarding green cards through marriage, your length of marriage prior to receiving your GC only affects whether you get a 2 year GC or a 10 year GC. Your residency can't be "backdated" unless someone messes up.

That's correct. I can't remember if it was the OP's case, or one similar, but someone had speculated that whoever was typing in the dates of validity for the 2-year GC forgot to take into account the new year in January (which is very common -- I know it will take me at least a month before I get to writing "2013" when it comes in a couple of weeks). If the original card was approved in January 2012, then it should expire in January 2014. If an IO inadvertently types "January 2011," putting in the old year out of habit, that would result in an incorrect expiration date of January 2013.

The point, again, is that you can't be an approved resident with a valid GC until you're, well, approved as a resident. My wife and I were married for 5 months before our interview, but the GC is dated from the interview, not the date of our marriage.

It is ridiculous. IOs are supposed to know the darn rules and laws of immigration..where the heck do they find this guys? Half of them are clueless,ofcourse your residency status starts from the moment you get approved for it not from the time you got married,everybody knows that..except guess who..an IO !! bummer!!

It doesn't surprise me. When my wife an I returned from a trip abroad last month, the USCIS agent admitting us back to the country saw the expiration of her GC (which was this month) and asked if we'd applied for removal of conditions yet. I said that we were going to start the process as soon as we returned home. He said, "Well, you were supposed to do that 4 months before the green card expires." I started to explain that we actually have a window of 90 days up to the date of expiration, and that if we'd applied too soon, the application would be rejected; my wife stopped me from going on (even though I was right -- thanks to VJ!), as she didn't want to make it look like I was arguing with immigration.

Again, the point is that sometimes (and perhaps often) IO's don't know the law as well as they should. This mistake will be caught by a supervisor, and the OP will likely be back to square one (although hopefully with a clarified date of expiration for the GC).

AJ

[Darnell 8,478]

bigdog's wife has the exact same problem.

I tried to explain it, these errors - he went to several info pass appointments also.

[ceadsearc 516]

bigdog's wife has the exact same problem.

I tried to explain it, these errors - he went to several info pass appointments also.

Yes! I knew there was a similar case. And he was also told wrong by an IO and had to make several appointments to get it corrected but finally did.

[bigdog 376]

bigdog's wife has the exact same problem.

I tried to explain it, these errors - he went to several info pass appointments also.

:thumbs:Correct, we made 4 phone calls to USCIS, 4 info-pass appointments for the starting date issue and one prior due to an excessive delay-with several calls (solved by a Ombudsman request and action), I filed an I90 and the card still came back with the same starting date. Don't know what the answer is but all we can do is the right thing, make our notification's and hope for a prompt decision. Good Luck. I have an opinion on what happened and they appear to have given us credit for "time served" as i call it., I don't understand their reasoning, but who does.

OP - That is what we were told also, back to marriage year.

Edited December 19, 2012 by bigdog

[pot121 1]

Thanks guys for your replies!

Before the IO told me that everything is correct on my GC and that my conditional status back date to year of marriage he confirmed everything with 4 different people, two are HIGHER position IO's. I really dont know about the law but right now I do not want to worry anything. What they told me is what I did. So hopefully evrything goes well this time! and if not, I'll worry about it later on. Lets have a merry christmas and happy holidays everyone!!!

[MrsOO 7]

pot121, you are going to have an issue, either now or even when trying to file for naturalization.

GC is from date of interview (if done in the US through AOS), or GC is from date of entry (through POE)

We got married Nov 2009, and hubby was outside the country, his GC is dated from date of entry, Aug 8, 2010!! Thats 9mths after marriage! If you check on here, NO ONE has theirs dated from the date of marriage!

You should know about the law, they have NOTHING TO LOSE! You on the other hand, YOU DO!

Sorry it appears your confusion is only reaching the next level!!

When you got GC, you were supposed to verify that all was set on it. My hubby's own had the wrong DOB initially, and we had to send it back to get it changed. You always send everything with tracking and signature confirmation.

This IO has only sunk you into deeper trouble!

[bigdog 376]

pot121, you are going to have an issue, either now or even when trying to file for naturalization.

GC is from date of interview (if done in the US through AOS), or GC is from date of entry (through POE)

We got married Nov 2009, and hubby was outside the country, his GC is dated from date of entry, Aug 8, 2010!! Thats 9mths after marriage! If you check on here, NO ONE has theirs dated from the date of marriage!

You should know about the law, they have NOTHING TO LOSE! You on the other hand, YOU DO!

Sorry it appears your confusion is only reaching the next level!!

When you got GC, you were supposed to verify that all was set on it. My hubby's own had the wrong DOB initially, and we had to send it back to get it changed. You always send everything with tracking and signature confirmation.

This IO has only sunk you into deeper trouble!

They, USCIS seems to have a ruling change in some case, we will see how this plays out, through the school of hard knocks. Personally, I called, begged, in-person, I90 and we still ended up with the same dates. My concern also was the naturalization issue, they made a ruling in our situation and we will see how ours plays out, starting with the ROC. i believe their are some ties between USCIS / IRS rulings, after hundreds of hours of my own research. Never the less if you advise them of a possible error save all your documentation if needed later.

[VanessaTony 3,567]

Thanks guys for your replies!

Before the IO told me that everything is correct on my GC and that my conditional status back date to year of marriage he confirmed everything with 4 different people, two are HIGHER position IO's. I really dont know about the law but right now I do not want to worry anything. What they told me is what I did. So hopefully evrything goes well this time! and if not, I'll worry about it later on. Lets have a merry christmas and happy holidays everyone!!!

It's 100% incorrect. If that were true people who were married for 10 years would have their card back-dated 10 years. That's just not how it works. You aren't a resident until they approve you. This is going to cause you serious issues.

Have a look at your approval letter, is that the correct date? The officer you spoke to is completely incorrect. I suggest you get someone else involved, whether it be a senator or congressperson. The date in the system is correct, your card is wrong. Hopefully he doesn't mess with it because that could cause more issues.

I suggest you contact whoever you mailed with, about the lost mail. They will have to find out where it is. if they can't find it they usually send you a letter or something. I also suggest you file another I-90 to get a replacement card due to USCIS error. Thankfully this will go to people who actually know what they're doing. I also suggest you include a letter stating the officers at that office told you it should "back date" to your marriage year. Hopefully those people will get re-trained!

[VanessaTony 3,567]

They, USCIS seems to have a ruling change in some case, we will see how this plays out, through the school of hard knocks. Personally, I called, begged, in-person, I90 and we still ended up with the same dates. My concern also was the naturalization issue, they made a ruling in our situation and we will see how ours plays out, starting with the ROC. i believe their are some ties between USCIS / IRS rulings, after hundreds of hours of my own research. Never the less if you advise them of a possible error save all your documentation if needed later.

Does your approval letter have the wrong date? Send the I-90 again including a copy of your biometrics letter which date should POST-date your greencard. Send a copy of your initial I-485 application (signed and dated). Include a statement stating that you filed for AOS on X date, your biometrics is dated X date. You received your approval on X date (if your approval letter is correct show that), or your welcome letter (check that date). Check your status online because it has a date there too, screenshot that. Tell them the approval date should be "X" and the card is wrong. Keep applying. Get your congressperson involved. Don't be complacent and wait, make it your mission to correct it.

[pot121 1]

It's 100% incorrect. If that were true people who were married for 10 years would have their card back-dated 10 years. That's just not how it works. You aren't a resident until they approve you. This is going to cause you serious issues.

Have a look at your approval letter, is that the correct date? The officer you spoke to is completely incorrect. I suggest you get someone else involved, whether it be a senator or congressperson. The date in the system is correct, your card is wrong. Hopefully he doesn't mess with it because that could cause more issues.

I suggest you contact whoever you mailed with, about the lost mail. They will have to find out where it is. if they can't find it they usually send you a letter or something. I also suggest you file another I-90 to get a replacement card due to USCIS error. Thankfully this will go to people who actually know what they're doing. I also suggest you include a letter stating the officers at that office told you it should "back date" to your marriage year. Hopefully those people will get re-trained!

I really dont know whats going on. Its causing too much trouble. Anyways, My I-90 app was sent back to me the other day. They did receieved, I thought it got lost. I have my GC back. They said that nothing is wrong with my GC and I should file ROC. I and BigDog are going on the same issue. My ROC was delivered today. Lets see what will happen next. Merry Christmas evryone!!!

[VanessaTony 3,567]

I really dont know whats going on. Its causing too much trouble. Anyways, My I-90 app was sent back to me the other day. They did receieved, I thought it got lost. I have my GC back. They said that nothing is wrong with my GC and I should file ROC. I and BigDog are going on the same issue. My ROC was delivered today. Lets see what will happen next. Merry Christmas evryone!!!

Do not "wait and see what happens next". This is far too serious to sit back and wait. Your card MUST have a 2 year expiry, and the "resident since" date is based on your approval, not your marriage. They will blame YOU when they finally realise. This is not the first time an incorrect card date has caused issues. This is only going to get worse as time goes on.

I wouldn't worry about it until the new year but you need to get someone else involved and fix it. Don't sit back and wait to see what happens.

[AnotherLostSoul 167]

@Pot121: you seem way too relaxed and easy going about this. You do know that they don't lose anything, on the other hand you do lose a lot if things get messed up. I am surprised how you're keep coming up here wishing merry christmas, and easily saying "we'll see how it goes"....I would be super nervous and instead of wishing merry christmas around the board I would probably be a stalker and nervously flipping through all my notice of approval letters, and make phone calls every five minutes, or infopass (for that manner). Even if this time, this gets overlooked, you'll have issues later (such as naturalization process). In your case I would be hanging around here, singing but really fix things up. But again, it is up to you how you "play your cards". We won't be affected by it, and certainly USCIS won't be affected by it either. But if I were you I would fix this, and read more about the rules and regulations instead of shrugging my shoulder saying "I don't know the law, they do!" because believe it or not, USCIS people are also human being and some are more knowledgeable and have been in their workplace for decades, while others are less knowledgeable and have only been employed there for a couple years. Because of this, even those people can mess up and be in a disbelief of what is the rule. You gotta be your own advocate and not "wash your hands"...anyway, at the end of the day, the decision is yours. But if you really look through this topic everybody says this is wrong and probably not because they want to screw you up...

Edited December 23, 2012 by AnotherLostSoul