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Early filing?

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BlueDevil Collaborator

BlueDevil   61

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Hello there. I have a question on the timing of filing the I-751 paperwork. I still don't have my 2-year GC yet, but hope to have it later this year. My wife and I will complete 2 years of marriage in December 2014. Taking that into consideration, and thinking ahead ...

1. Can we file the I-751 before the '90-day before card expiration' date? Or do we have to wait until that window?

2. If it is indeed possible, are there any drawbacks to filing early?

I appreciate any information that you guys are able to provide on this...

My USCIS Journey...

 

I had an I-485 filing already submitted through an employment-based application. Post-marriage, I submitted an I-130, which after being approved was interfiled with the existing I-485.

Interfiling/AOS Timeline:

01/03/14 - Day 274 - Interfiling request received by USCIS

04/03/14 - Day 364 - Interfiling service request sent

04/30/14 - Day 391 - Second interfiling service request sent

05/19/14 - Day 410 - Email sent asking for case status update

06/04/14 - Day 426 - Response received that I-485 was transferred to NBC

06/05/14 - Day 427 - I-485 updated to "sent to local office for processing"

07/02/14 - Day 454 - Status changed to testing & interview. Interview date August 4!!

08/04/14 - Day 487 - Mini-Stokes interview. IO intended on approving AOS but the computer did not show I-130 approval. The wait goes on...

08/18/14 - Day 501 - Spoke with Tier 2 IO - said that my I-485 is approved but no card prodn ordered. Asked to call back in 2 weeks if no update.

08/29/14 - Day 512 - Spoke with Tier 2 IO - said that my I-485 was not approved yet, but my file was with an IO for a decision

09/03/14 - Day 517 - Wrote a request to my Congressman asking for assistance

09/09/14 - Day 523 - Status updated to Card/Document Production

09/15/14 - Day 529 - Status update - Card mailed to address on record/permanent resident status registered

09/15/14 - Day 529 - Status update - Card picked up by USPS.

09/16/14 - Day 530 - GREEN CARD RECEIVED IN THE MAIL!!

I-751 Timeline:

05/25/16 - Day 000 - I-751packet mailed to CSC

05/27/16 - Day 002 - I-751 packet received at CSC

06/02/16 - Day 008 - Check cashed

06/03/16 - Day 009 - NOA1 received. Receipt Date: 05/27/16

06/10/16 - Day 016 - Biometrics appointment notice received - appointment date 6/22/16

06/22/16 - Day 028 - Biometrics Appointment - complete

01/04/17 - Day 224 - Status update - ROC Approved!  Card production ordered.

01/09/17 - Day 229 - Status update - Approval notice letter received.  Also received a notification that the card has been mailed.

01/11/17 - Day 231 - Card received in the mail!

N-400 Timeline:

12/02/20 - Day 000 - N-400 application submitted online; case received.

01/06/20 - Day 035 - Biometrics reuse notification received.

04/01/21 - Day 119 - Voluntary withdrawal N-400 Application.

N-400 Resubmission:

11/02/22 - Day 000 - N-400 application submitted online; case received.

11/02/22 - Day 000 - Biometrics reuse notification received.

01/05/22 - Day 064 - Interview scheduled for 02/14/23.

02/14/23 - Day 104 - N-400 Approved! 

08/18/23 - Day 289 - Oath Ceremony notice received - scheduled for 09/29/23.

09/29/23 - Day 331 - Oath Ceremony

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

The "Instructions" for the I-751 form on uscis.gov (just click on "Forms" on the left) spells it out for you. :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

You absolutely cannot file early. And your marriage date has nothing to do with when you file.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted (edited)

Hello there. I have a question on the timing of filing the I-751 paperwork. I still don't have my 2-year GC yet, but hope to have it later this year. My wife and I will complete 2 years of marriage in December 2014. Taking that into consideration, and thinking ahead ...

1. Can we file the I-751 before the '90-day before card expiration' date? Or do we have to wait until that window?

2. If it is indeed possible, are there any drawbacks to filing early?

I appreciate any information that you guys are able to provide on this...

You can file before the 90 day window, but the entire package will be returned to you. You must wait until you have been a LPR for 2 years because a conditional GC is issued to those that are married for less than two years when they enter the US and apply for LPR status. If you were married for more than 2 years when you applied for LPR status, you would be given a 10 year GC. So it is not the time of marriage that counts for ROC, but the time as a LPR.

Good luck,

Dave

Edited by Dave&Roza
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BlueDevil Collaborator

BlueDevil   61

Posted
Filed: Citizen (apr) Country: India
 Timeline
  • Author
Posted

Thanks for the responses folks. I obviously interpreted the process incorrectly. I figured that since a permanent card was issued to those married for more than 2 years at the time of approval, that that was the deal breaker on when you can file. In my situation, I am the one who will be receiving the conditional card. I have been living and working in this country for the past 16 years (on an H1-B), and only recently got married (December 2012).

So, hypothetically speaking, if our marriage had completed two years before being approved for permanent residency, would I not get a permanent card? In this case, I would not have been required to hold be an LPR for 2 years first?

Reading the form instructions, is this how the process works ...

1. At the time of approval, if our marriage is less than 2 years old, I get a Conditional GC.

2. Once I have been issued a Conditional GC, I can only file for ROC within the 90 day prior to expiry window.

Alternatively, if we were married more than 2 years at time of approval, I get a permanent GC, regardless of the fact that I have had no years as an LPR.

Not trying to take a shortcut here ... just trying to understand the process since I seem to be interpreting it incorrectly.

My USCIS Journey...

 

I had an I-485 filing already submitted through an employment-based application. Post-marriage, I submitted an I-130, which after being approved was interfiled with the existing I-485.

Interfiling/AOS Timeline:

01/03/14 - Day 274 - Interfiling request received by USCIS

04/03/14 - Day 364 - Interfiling service request sent

04/30/14 - Day 391 - Second interfiling service request sent

05/19/14 - Day 410 - Email sent asking for case status update

06/04/14 - Day 426 - Response received that I-485 was transferred to NBC

06/05/14 - Day 427 - I-485 updated to "sent to local office for processing"

07/02/14 - Day 454 - Status changed to testing & interview. Interview date August 4!!

08/04/14 - Day 487 - Mini-Stokes interview. IO intended on approving AOS but the computer did not show I-130 approval. The wait goes on...

08/18/14 - Day 501 - Spoke with Tier 2 IO - said that my I-485 is approved but no card prodn ordered. Asked to call back in 2 weeks if no update.

08/29/14 - Day 512 - Spoke with Tier 2 IO - said that my I-485 was not approved yet, but my file was with an IO for a decision

09/03/14 - Day 517 - Wrote a request to my Congressman asking for assistance

09/09/14 - Day 523 - Status updated to Card/Document Production

09/15/14 - Day 529 - Status update - Card mailed to address on record/permanent resident status registered

09/15/14 - Day 529 - Status update - Card picked up by USPS.

09/16/14 - Day 530 - GREEN CARD RECEIVED IN THE MAIL!!

I-751 Timeline:

05/25/16 - Day 000 - I-751packet mailed to CSC

05/27/16 - Day 002 - I-751 packet received at CSC

06/02/16 - Day 008 - Check cashed

06/03/16 - Day 009 - NOA1 received. Receipt Date: 05/27/16

06/10/16 - Day 016 - Biometrics appointment notice received - appointment date 6/22/16

06/22/16 - Day 028 - Biometrics Appointment - complete

01/04/17 - Day 224 - Status update - ROC Approved!  Card production ordered.

01/09/17 - Day 229 - Status update - Approval notice letter received.  Also received a notification that the card has been mailed.

01/11/17 - Day 231 - Card received in the mail!

N-400 Timeline:

12/02/20 - Day 000 - N-400 application submitted online; case received.

01/06/20 - Day 035 - Biometrics reuse notification received.

04/01/21 - Day 119 - Voluntary withdrawal N-400 Application.

N-400 Resubmission:

11/02/22 - Day 000 - N-400 application submitted online; case received.

11/02/22 - Day 000 - Biometrics reuse notification received.

01/05/22 - Day 064 - Interview scheduled for 02/14/23.

02/14/23 - Day 104 - N-400 Approved! 

08/18/23 - Day 289 - Oath Ceremony notice received - scheduled for 09/29/23.

09/29/23 - Day 331 - Oath Ceremony

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Yep! So if you get your GC approved after December 2014 (in almost a year) then you'd get a 10-year card. You'll probably get approved before then though, and get a 2-year card, and need to ROC sometime in 2016.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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BlueDevil Collaborator

BlueDevil   61

Posted
Filed: Citizen (apr) Country: India
 Timeline
  • Author
Posted

Yep! So if you get your GC approved after December 2014 (in almost a year) then you'd get a 10-year card. You'll probably get approved before then though, and get a 2-year card, and need to ROC sometime in 2016.

Thanks, Harpa!

On one hand, I would love to have this process over already and have my GC in hand even if it is a conditional card. But on the other hand a little delay in getting might end up in my favor too!

Ugh! What a double edged sword. Knowing my luck, my interview will be the week before our two year anniversary!

My USCIS Journey...

 

I had an I-485 filing already submitted through an employment-based application. Post-marriage, I submitted an I-130, which after being approved was interfiled with the existing I-485.

Interfiling/AOS Timeline:

01/03/14 - Day 274 - Interfiling request received by USCIS

04/03/14 - Day 364 - Interfiling service request sent

04/30/14 - Day 391 - Second interfiling service request sent

05/19/14 - Day 410 - Email sent asking for case status update

06/04/14 - Day 426 - Response received that I-485 was transferred to NBC

06/05/14 - Day 427 - I-485 updated to "sent to local office for processing"

07/02/14 - Day 454 - Status changed to testing & interview. Interview date August 4!!

08/04/14 - Day 487 - Mini-Stokes interview. IO intended on approving AOS but the computer did not show I-130 approval. The wait goes on...

08/18/14 - Day 501 - Spoke with Tier 2 IO - said that my I-485 is approved but no card prodn ordered. Asked to call back in 2 weeks if no update.

08/29/14 - Day 512 - Spoke with Tier 2 IO - said that my I-485 was not approved yet, but my file was with an IO for a decision

09/03/14 - Day 517 - Wrote a request to my Congressman asking for assistance

09/09/14 - Day 523 - Status updated to Card/Document Production

09/15/14 - Day 529 - Status update - Card mailed to address on record/permanent resident status registered

09/15/14 - Day 529 - Status update - Card picked up by USPS.

09/16/14 - Day 530 - GREEN CARD RECEIVED IN THE MAIL!!

I-751 Timeline:

05/25/16 - Day 000 - I-751packet mailed to CSC

05/27/16 - Day 002 - I-751 packet received at CSC

06/02/16 - Day 008 - Check cashed

06/03/16 - Day 009 - NOA1 received. Receipt Date: 05/27/16

06/10/16 - Day 016 - Biometrics appointment notice received - appointment date 6/22/16

06/22/16 - Day 028 - Biometrics Appointment - complete

01/04/17 - Day 224 - Status update - ROC Approved!  Card production ordered.

01/09/17 - Day 229 - Status update - Approval notice letter received.  Also received a notification that the card has been mailed.

01/11/17 - Day 231 - Card received in the mail!

N-400 Timeline:

12/02/20 - Day 000 - N-400 application submitted online; case received.

01/06/20 - Day 035 - Biometrics reuse notification received.

04/01/21 - Day 119 - Voluntary withdrawal N-400 Application.

N-400 Resubmission:

11/02/22 - Day 000 - N-400 application submitted online; case received.

11/02/22 - Day 000 - Biometrics reuse notification received.

01/05/22 - Day 064 - Interview scheduled for 02/14/23.

02/14/23 - Day 104 - N-400 Approved! 

08/18/23 - Day 289 - Oath Ceremony notice received - scheduled for 09/29/23.

09/29/23 - Day 331 - Oath Ceremony

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psv57 Collaborator

psv57   88

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Learning so much from all this...Thanks. I have to go through similar as you know. We will be married 2 years Jan 2015.

Naturalized citizen since September 2018



I485
08/15/2007 Filed AOS based on approved I140, EB3 category (Employment Based). Received RFE and responded....Pending since then.
I-130 Timeline:
07/03/13 - I-130 packet sent
07/05/13 - I-130 packet delivered
07/10/13 - NOA 1 with PD 07/05/13
Last touched 07/10/13
12/9/13 - Case update to "transferred to another office for processing" and received text and email alert.
12/10/13 - Case update "transferred to local USCIS office for processing"
12/12/13- Case update "transferred and being processed at a USCIS office"
12/14/13 - Received 2 hard copies stating transferred to California Service Center, left Priority Date blank
2/5/2014- Email/Txt I130 approved and notice mailed.
2/10/2014-Hard Copy NOA2. Approval
Back to I485
2/21/2014-Letter sent to request conversion for old I485 from employment to marriage with copy of I485 receipt and I130 approval
03/19/2014 - Service request to check on conversion request status.
04/04/2014 - Service request status through mail stating request received for conversion and file being prepared for transfer to local office.
04/08/2014 - I485 updated to "transferred to local office"
04/12/2014 - Received transfer notice in mail stating file transferred from Nebraska to NBC Lee Summit, Montana (so disappointed as I thought it was at local office now).
04/14/2014- emailed Nebraska and scopscata to see what's going on with file due to conflicting info I've gotten and NBC doesn't even show processing I485.
04/14/2014- Got response from scopscata saying will look into email, forward to resolution team.
04/14/2014- I485 updated to "485 was transferred and is now being processed at USCIS office"
04/25/2014- Text message and case update online "testing and interview" stage.
05/06/2014- Text message and case update online with interview date of June 11, 2014.
06/05/2014-Notice sent by NYC acting district director/office that interview date is Aug 21, 2014.....??????????? No change online
06/11/2014 - Interview for AOS. I130 was already attached. Approved and got passport stamped. YAY. Thank God.
06/19/2014 - Case updated online with text and email saying new card mailed.....

06/21/2014-Condtional GC received along with welcome letter.

ROC

04/06/2016- Filed I-751 along with evidence

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Learning so much from all this...Thanks. I have to go through similar as you know. We will be married 2 years Jan 2015.

Your marriage date has nothing to do with when you file ROC.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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