BINATIONAL SAME SEX COUPLES !! Show up!

[Sukie 1,460]

12 hours ago, Tcarrol said:

Our attorneys suggested we wait six months before contacting our Senator's office.  In a way, it's a shame that we pay a large amount of money for an agent to review our packet and render a decision, and still, they don't have enough people to review our applications in a timely basis.  It gives the appearance that USCIS is not or efficient or responsive to the laws written by our Congress.  It shouldn't take 14 months to decide.  The fact that the law states that we need to file within a 90 day period before expiration of the Permanent Resident Card implies that is how long they need to process our paperwork.  Now, they send us a NOA extending us one year from the date of the NOA, not the expiration date, which implies it now takes that amount of time past the 90 day window to process our paperwork.  Now, it takes longer than that, which necessitates a trip for an Infopass meeting to have a passport stamped.  

The letter extends your Green Card date.  The date of the NOA is not relevant.  I know this has been endlessly debated on this forum, but it's your Green Card date, period.  The issues seem to be with local DMVs or employers who don't understand what the NOA means.  And even CBP folks can get it wrong.

 

Sukie in NY

[NYCruiser 423]

Does anyone know about the iPhone app for Immigration? Does it accept extensions?

 

Edit: never mind. Just checked . Called Mobile Passport and only for US and Canadian Passport Holders.

Edited July 15, 2017 by NYCruiser

[Tcarrol 54]

11 hours ago, Sukie said:

The letter extends your Green Card date.  The date of the NOA is not relevant.  I know this has been endlessly debated on this forum, but it's your Green Card date, period.  The issues seem to be with local DMVs or employers who don't understand what the NOA means.  And even CBP folks can get it wrong.

 

Sukie in NY

Thank you.  I realized my mistake after I sent it.  Someone else had posted that information, and since we haven't received our notification yet, I was going on that premise.

[CB & FM 43]

My husband (Brazil) and I (USC) started our journey in 2012 as we became online friends..We followed each others escapades but began growing closer to each other especially as we had love losses in our own lives. I decided to meet him in Brazil in 2014 and we fell in love. We started our process in Aug later that year after our second visit again in Brazil via 129/K1 visa. After 6 months waiting and hearing of all the delays in TX, I visited my congressperson's office and within 1 week of her assistant contacting USCIS we received our approval. I joined him in Brazil for the interview in July 2015 and we were aproved. We traveled to NYC that same month and starting planning our wedding which took place 8/8/2015. My profile pic is our wedding selfie, one of my favorite pics of our wedding. We have now gone through our adjjustment of status and are now in the process of ROC, which we just started on 7/18/2017. We are hoping for another somewhat smooth process as we have not had any RFEs in any of our previous petitions, knock on wood!!! We have yet to receiving any response to our current petition so I am starting to get nervous as to why. We requested a fee waiver this time, though not any other time, as my imcome has significantly changed. But our conditional green card was issued last year after our AOS interview but dated back to his first entry on the K1 visa in July 2015. It seemed unusual at the time. Hoping there is no problem in this situation. Here saying hello to all the others in this forum and hoping that our respective petions go and continue to go well for us all.

 

Carson and Francisco

[CB & FM 43]

On 7/9/2017 at 0:02 AM, SM & EF said:

Not yet. Still waiting to get scheduled for the interview.  Looks like South Florida is a bit backlogged with cases. Patience is still a virtue apparently.  😎

Hope it goes quicker soon. Francisco and I  have just started our ROC and hoping for it to go smoothly. Keep us all updated as you progress. Boa sorte!!!!

[gypsyqueen 103]

On 7/12/2017 at 9:49 PM, pinayanne27 said:

Oh you're also from south florida!

 

we just sent our i-751 last july 1st. Hope the whole process will be flawless. 

Hi!  I'm a July 2017 Filer as well.  It looks like a lot of waiting, hoping to not get any RFEs. Come join the group, if you're not in it yet.

 

 

Edited August 10, 2017 by gypsyqueen

[NYCruiser 423]

So we are waiting for the ROC application which was filed end of May 2017. I am understanding that it will take about One and a Half Years to be received? By that time, he is eligible to apply for US Citizenship. The letter NOA1 is for one year from date of I-551 Expiry. So what happens after that since it is taking longer than a year? 

 

Also, does one file N400 a couple of months short of the 3  years for Citizenship? Will this be held up until the ROC is adjudicated?

[bob72601 13]

Yes, apply for Citizenship 90 days prior just like you did with ROC. You may need to get a I-551 stamp about a month before expiration. Filing the N-400 will force the I-751 to be adjudicated. Best of luck. we will be filing the N-400 mid November.

[NYCruiser 423]

On 8/12/2017 at 6:53 PM, bob72601 said:

Yes, apply for Citizenship 90 days prior just like you did with ROC. You may need to get a I-551 stamp about a month before expiration. Filing the N-400 will force the I-751 to be adjudicated. Best of luck. we will be filing the N-400 mid November.

Thank you for your help

[CB & FM 43]

So an interesting thing has occurred with our ROC. We got our complete I-751 packet returned last week, not rejected, just returned. A letter inside form VSC explains that last year when they issued the conditional green card they used the incorrect admission date. They used the POE date on the K-1 visa rather than the AOS approval date. They provide instructions on completing an I-90 form and since it was an USCIS error there is no additional fee just additional time in filing a form and going to biometrics again.

[Nikkosan 127]

Your AOS was approved on 06/07/2016, this means that, if the date on the green card was correct, you could start applying for ROC 90 days before 06/07/2018, which takes you roughly to March 9 2018.

 

They now want you to apply for a I-90, so that they can correct that date, and then in March you can re-submit for ROC, is that correct?

 

Disappointing for sure, but seems fair.

 

What was the date of expiration on your green card?

[CB & FM 43]

On 8/14/2017 at 3:00 PM, Nikkosan said:

Your AOS was approved on 06/07/2016, this means that, if the date on the green card was correct, you could start applying for ROC 90 days before 06/07/2018, which takes you roughly to March 9 2018.

 

They now want you to apply for a I-90, so that they can correct that date, and then in March you can re-submit for ROC, is that correct?

 

Disappointing for sure, but seems fair.

 

What was the date of expiration on your green card?

Yes, that is correct. They had the expiry date as 21 July 2015.

[Nikkosan 127]

13 hours ago, CB & FM said:

Yes, that is correct. They had the expiry date as 21 July 2015.

Oh wow!

I was thinking more along the line of June 2017 (hence the reason why you were applying now for ROC.

I had heard of others, mainly with Interview Waiver for AOS who received a Green Card with "Resident Since" date corresponding to when they had actually applied for AOS (mine took about a year to process, so something like that would have been nice), but never anyone in your situation. Definitely an oversight!
 

[CB & FM 43]

On 8/16/2017 at 0:02 PM, Nikkosan said:

Oh wow!

I was thinking more along the line of June 2017 (hence the reason why you were applying now for ROC.

I had heard of others, mainly with Interview Waiver for AOS who received a Green Card with "Resident Since" date corresponding to when they had actually applied for AOS (mine took about a year to process, so something like that would have been nice), but never anyone in your situation. Definitely an oversight!
 

Yes. The date they used was they day we entered on the K-1 visa which is a quasi immigrant visa but not. It requires an AOS so the date that should have been used was the AOS approval date. So a difference of July 2015 versus June 2016 which caused the required ROC to be 2017 rather than the proper 2018. Fortunately not a big deal as we do not have to pay the fee to get a corrected Conditional Green Card as it was an administrative error on the part of USCIS. We are applying for that now and the fee is $540. Thankfully we do not have to pay it. That would have made it unfair but in the overall situation we will be fine.

[SM & EF 41]

We just got an alert that my husband's naturalization interview has been scheduled. Just have to wait for the letter to know the date.  😎