ROC with a valid green card

[Ahren & Edna 4]

Hi,

I recently received a letter from USCIS reminding me that its about time i applied for my ROC on my conditional residency. I was initially approved for the 2 year conditional residency in August 2014. After the approval, we waited for our daughter and I's green cards to arrive in the mail to no avail. After much following up with UPS and sending in another application with a fee waiver that was denied, we finally sent in the documents, with full payment (2nd time), had a second set of biometrics and got the green cards in August 2015. The validity date on the green cards is up to August 2017.

Having received a reminder form USCIS recently that i should remove the conditions following the near 2 year anniversary of our initial approval, what should i do? Will my green card be technically invalid even though the validity period has not reached. Will i be out of status if i do not apply to remove conditions within this time? The thing is, I would gladly send in the ROC packet with the ~1200$ (for my daughter and I) but finances are a little too tight. Anybody been in a situation like this?

What would you advise me to do?

A & E.

[Pitaya 2,577]

Sounds like USCIS just sent you their reminder notice that the 90 day window preceding the expiration of your current conditional GCs has opened. The expiration of your current GCs is printed on the cards.The general forum recommendation is to send in your ROC petition (assuming you will be including your daughter on the I-751 petition, see the form instructions) and evidence as soon as you can after the 90 window opens. The sooner you get it in, hopefully the sooner you will get your petition processed. After USCIS receives your packet, they will send you a Form I-797 receipt /1-year extension letter (your daughter will get a separate letter). That letter states that it extends your Conditional Permanent Residence status for one year, while your petition is processed.

Carefully read the instructions, I think you are trying to give USCIS too much money. The filing fee is $505, then there is the biometrics fee of $85 per person. We sent in a check for $675 for my wife and stepson's ROC petition.

Good luck on your immigration journey.

Edited May 23, 2016 by Pitaya

[Harpa Timsah 13,258]

You applied for AOS twice??

You should have applied for replacement cards, not a new AOS.

[Ahren & Edna 4]

We applied for replacement, sorry about the miscommunication.

[NikLR 13,227]

I think your new cards had the wrong valid to date. I honestly would file ROC. As Pitaya suggested, you're also trying to pay too much.

[Ahren & Edna 4]

Hi Pitaya,

Thanks for the response!

Just a clarification, the expiration date printed on our green cards is August 2017, this is about 3 years from the initial approval of our conditional residency. Will I be out of status if I wait till a 90 day prior to this August 2017 expiration date to send the removal of conditions packet?

[NikLR 13,227]

Have you thought about making an infopass?

[Pinkrlion 2,720]

you need to call USCIS to verify your approval date. In my opinion, regardless of when you received the card, your approval date is still 2014. You are required to ROC now.

[Harpa Timsah 13,258]

It seemed from your first post that you reapplied for AOS and got a new card with a new date, which would have been a mistake.

If you just applied for replacement cards, the date should have been the same as the initial cards. A replacement does not give you more time on your card.

So I agree with others, that you should consider your cards to have misprints and that your ROC time is coming up soon. I would make INFOPASS and get it cleared up, then file ROC.

[RiceCake 1]

I agree with everyone that you should file ROC now i.e. within 90 days of your August 2016 date, especially if that is when your AOS was actually approved and when you should have received your green card. And also because USCIS has sent the reminder letter. Worst case scenario, USCIS will reject your application and return it because you are filing too soon. This is far better than you receiving notice of removal proceedings because you failed to file ROC.

Hi,

I recently received a letter from USCIS reminding me that its about time i applied for my ROC on my conditional residency. I was initially approved for the 2 year conditional residency in August 2014. After the approval, we waited for our daughter and I's green cards to arrive in the mail to no avail. After much following up with UPS and sending in another application with a fee waiver that was denied, we finally sent in the documents, with full payment (2nd time), had a second set of biometrics and got the green cards in August 2015. The validity date on the green cards is up to August 2017.

Having received a reminder form USCIS recently that i should remove the conditions following the near 2 year anniversary of our initial approval, what should i do? Will my green card be technically invalid even though the validity period has not reached. Will i be out of status if i do not apply to remove conditions within this time? The thing is, I would gladly send in the ROC packet with the ~1200$ (for my daughter and I) but finances are a little too tight. Anybody been in a situation like this?

What would you advise me to do?

A & E.