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Kashj

K1 Visas to 2 Yrs of GC

By Kashj in Removing Conditions on Residency General Discussion

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Kashj Explorer

Kashj   5

Posted
Filed: F-2A Visa Country: Pakistan
 Timeline
Posted

Hello Members, 


I am helping my friend and really need your advise here.

 

November 2015 - Came to US on K1 Visas.

December 2015 - Got Married (His Mrs is US Citizen).

December 2015 - Case Filed.

April 2017 - Green Card on Hand (Valid until April 2019)).

 

So the question is why his GC will be expiring in 2 years? 

  1. Does he needs to renew his GC after 2 years? OR
  2. He will be illegible for Naturalization.

 

Any help will be appreciated.

Regards,

KJ

 

PD Date: 22 June 2010

Case Complete: August 2011

Interview: 19th Nov 2012

Result: AP ( Green Sheet & no documents required)

VISA in hand: 07 dec 2012 :)

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

That's correct. His LPR status is conditional since he received his green card prior to 2 years of marriage. He needs to file for ROC within 90 days prior to the expiration on it. He cannot file sooner, and if he must file no later than the expiration of his green card or he could have his LPR status revoked.

 

See the guide: http://www.visajourney.com/content/751guide

ROC is basically showing proof that the marriage was entered into in good faith (which he can do even if he eventually divorces).

 

He cannot obtain citizenship until ROC is completed (albeit he can still file for it if ROC is still pending and he meets the 3 year rule requirements).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
16 minutes ago, Kashj said:

Hello Members, 


I am helping my friend and really need your advise here.

 

November 2015 - Came to US on K1 Visas.

December 2015 - Got Married (His Mrs is US Citizen).

December 2015 - Case Filed.

April 2017 - Green Card on Hand (Valid until April 2019)).

 

So the question is why his GC will be expiring in 2 years? 

  1. Does he needs to renew his GC after 2 years? OR
  2. He will be illegible for Naturalization.

 

Any help will be appreciated.

Regards,

KJ

 

He has to file for ROC 90 days before his green card is due to expire in 2019. He can not file for naturalization until April of 2020 if his date of residency is April 2017 on his green card, under the 3 year rule. So he has to file for ROC before that time.

Ontarkie Grand Master

Ontarkie   14,511

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

~~Moved to ROC, from K1 P&P - as this is the best forum for this question.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Ketsuban Experienced

Ketsuban   1,034

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted
On 5/21/2017 at 11:00 PM, Kashj said:

Hello Members, 


I am helping my friend and really need your advise here.

 

November 2015 - Came to US on K1 Visas.

December 2015 - Got Married (His Mrs is US Citizen).

December 2015 - Case Filed.

April 2017 - Green Card on Hand (Valid until April 2019)).

 

So the question is why his GC will be expiring in 2 years? 

  1. Does he needs to renew his GC after 2 years? OR
  2. He will be illegible for Naturalization.

 

Any help will be appreciated.

Regards,

KJ

 

He would have received the 10 year Green Card if it had been printed/approved on or after the 2 year anniversary of his marriage. Any time before that, even if it was printed at 11:59 the day before the anniversary (which must really suck for people if that does happen), then a 2 year conditional Green Card is received and the I-751 is filed at the appropriate time before expiration.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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