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meehan

When to File? Conflicting Dates

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My husband interviewed and was approved for his CR1 on 11 Sept 2014. He entered the US on 28 Jan 2015, and his passport is stamped and says his CR1 is valid to 28 Jan 2017. His green card expires on 28 Jan 2017. Because of this, I had been planning to file the I-751 in October this year.

However -

We recently received a letter from USCIS which states that he entered the US and became a CPR on 11 Sept 2014.

The USCIS website (and Visa Journey) clearly states that you should file within 90 days of the card expiry. I'm concerned that if I wait until October in line with his card expiry, we will get in trouble as the letter suggests they think his card expires in September.

As I see it, my options are:

1) File anyway and risk having the package returned. Are there any major issues with doing this?

2) Don't file until October (in line with the GC expiry) and risk bigger problems

I'm reluctant to call USCIS until I absolutely have to. Has anyone experienced this issue before? If so, what did you do? Any guidance that anyone can provide on this would be greatly appreciated.

I-130 Petition for Alien Relative (Spouse)

USCIS:

Service Center : Nebraska Service Center

Consulate : Sydney, Australia

I-130:

03-09-2013: Marriage in Australia

07-11-2013: NOA1

03-19-2014: NOA2

08-12-2014: Case Complete

09-09-2014: Interview in Sydney, Australia. APPROVED!

01-28-2015: POE - LAX

I-751:

11-03-2016: i751 package received at USCIS Vermont Service Center

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File in accordance with your original plans. The USCIS letter is in error.

Someone else posted a similar thing very recently.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Brazil
Timeline

I don't know the answer to your question about just filing early, though. My understanding is that the worst that can happen is that they send the package back to you.

But I'm assuming as soon as they see the copies of the green card with the expiration date, they'll return the package.

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Filed: Citizen (pnd) Country: Ukraine
Timeline

The GC date is the correct one and is the date your status expires. File within 90 days of that.

1/4/13 - I129-F Sent | 1/8/13 - Received by USCIS
1/10/13 - NOA1 to VSC | 1/11/13 - Text/Email | 1/17/13 - Hard Copy Received
1/16/13 - Alien Registration Number changed
5/24/13 or 5/29/13 - Case Transferred to TSC
7/2/13 - NOA2 from TSC! (173 days from NOA1) | 7/6/13 - Hard Copy Received
7/18/13 - Shipped to NVC | 7/26/13 - Received at NVC and case number assigned
7/29/13 - In transit to consulate | 7/31/13 - Received by consulate
8/20/13 - Medical - Passed | 8/21/13 - Interview - Approved!
8/28/13 - Passport with visa ready to pickup from courier
10/17/13 - POE - JFK
10/28/13 - Applied for SSN and marriage license | 11/2/13 - SS card received
11/21/13 - Wedding


12/30/13 - I485/I765/I131 Sent | 1/2/14 - Received by USCIS
1/3/14 - NOA1 to NBC | 1/16/14 - Hard Copy Received
2/4/14 - Biometrics
3/7/14 - AP and EAD approved!
3/11/14 - AP/EAD card mailed | 3/14/14 - Received
4/10/14 - Interview Waiver letter
6/16/14 - Approved! | 6/21/14 - GC Received


5/2/16 - I-751 Sent | 5/5/16 - Received by USCIS
5/6/16 - NOA1 to VSC
6/14/16 - Biometrics

4/19/17 - Approved! | 4/22/17 - Letter received | 5/4/17 - GC Received

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