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Billua

ROC Processing times

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Filed: K-1 Visa Country: Ukraine
Timeline

Hello, has anyone tried to file the I 751 more than 90 days before the expiration of the restricted green card?

 

I am worried that my wife may not be able to leave the country for a period of 6-9 months considering current USCIS processing times.

 

She has 10 months left on here initial green card.

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Filed: Citizen (apr) Country: Brazil
Timeline
3 minutes ago, Billua said:

Hello, has anyone tried to file the I 751 more than 90 days before the expiration of the restricted green card?

 

I am worried that my wife may not be able to leave the country for a period of 6-9 months considering current USCIS processing times.

 

She has 10 months left on here initial green card.

 

You cannot file before 90 days, your application will be returned.

When she files she will receive a letter that will serve as an extension for one year and can use that to travel.

Applications are taking 12-14 months beginning to end.

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Filed: Citizen (apr) Country: Canada
Timeline

It's my understanding that they will send it back - even if you are a day early.  

 

I wouldn't recommend filing outside of the 90 day window. 

 

**Edit: I traveled outside the country with the letter and experienced no issues.  You should be able to travel with no problem. :)

Edited by Michelle13
K1 Visa
08/15/14 - Filed
08/25/14 - Acceptance email sent
08/26/14 - Alien Registration Number changed.
10/17/14 RFE was received
10/23/14 RFE/I-195F mailed back to USCIS
11/05/14 I-129F Petition Approved!!!!!!!!!!!!
12/10/14 U.S. Consulate received case in the mail!!
12/19/14 Submitted DS-160 online form.
01/15/15 Submitted Package 3 Checklist for a request for interview!
01/16/15 Consulate sent me packet to prepare for my interview/medical!
02/20/15 Physical
02/24/15 Visa Interview/APPROVED!!!!!!! (6 months!!)
_________________________________________

AOS

05/16/15 - Filed for Adjustment of Status and Work Permit

05/22/15 - Acceptance email sent along with NOA’s mailed.

06/16/15 Biometrics Appointment
1/22/2016: INTERVIEW!!/APPROVED!!!
2/2016: Received GREEN CARD!!! (8 months)

______________________________________________

I-751 - ROC

11/1/2016: Filed

11/3/2016: NOA

11/19/2016: NOA 2

12/06/2016 Biometrics Appointment

1/17/2018: Info Pass - Passport Stamped

5/31/2018: Emailed received that GC is being mailed. 

 

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Filed: Citizen (apr) Country: Ukraine
Timeline

No, you cannot file prior to the 90 days before expiration of the conditional green card.  When you send in the I-751, you will then receive a letter extending the green card for one year.  Your spouse can take that original letter along with the green card and passport to travel.

Edited by gregcrs2
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1 hour ago, Billua said:

Hello, has anyone tried to file the I 751 more than 90 days before the expiration of the restricted green card?

 

I am worried that my wife may not be able to leave the country for a period of 6-9 months considering current USCIS processing times.

 

She has 10 months left on here initial green card.

People have and it has been rejected as the instructions state to file it within the 90 days prior to the card expiring. 

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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You can file early (or later) if you are filing with a divorce waiver.

Otherwise, no, it has to be in the 90 day period.

 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Filed: Citizen (apr) Country: Russia
Timeline

As others have said, except for some exceptions, don’t file until the 90 day window opens.  Also to add to the other responses, my wife has traveled several times with her extension letter with no issues.

 

Good Luck and welcome to the I751 queue.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: K-1 Visa Country: Ukraine
Timeline

Thank you!  Does USCIS send this extension letter automatically when they receive our I 751 filing or, do they time with with the expiration of the green card?

 

Thanks again!

Edited by Billua
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3 minutes ago, Billua said:

Thank you!  Does USCIS send this extension letter automatically when they receive our I 751 filing or, do they time with with the expiration of the green card?

 

Thanks again!

Automatically.. 2-4 weeks after they receive the i751 package. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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  • 3 months later...

Once you file, you will get a one year extension letter. We have had no trouble traveling. Just be aware, you are going to need to be patient.  It is likely to take the entire year before you can get the Removal of Conditions, (ROC). In our case we felt the need to go for an info pass stamp in her Passport,...There was three weeks before our one year letter was set expire. We got a info pass appointment got the stamp in her passport, and one week later we received the Approval Letter of ROC in the mail. 

 

We required to send more proof for our bonfied marriage too. I think it was just to stall working on our case, never the less, be aware that it can take the entire extension letter before you get the approval. We didn't have to go to a interview.

 

Just be patient and keep track of the time, if needed be ready to go get your info pass stamp.

 

God Bless, and help to expedite your process.

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