Do you need ROC when you are married for 3 years already?

[Amadia 711]

On 4/26/2019 at 10:41 PM, Fr8dog said:

(your residence status starts on the day they receive the application, not on the date they issue the card.

Umm....can you share which link from USCIS or DHS where I can find that info?

 

I know that for a CR-1 visa holder, the resident date starts at our POE and is valid for 2 years which then leads to RoC application. Unless, for other visa categories, the applicant was granted an immigrant visa at the U.S. embassy in their home country and the green card was mailed to them at their intended U.S. address....THEN the resident date would be different - it would be the date they printed the card.

[Fr8dog 312]

18 hours ago, Amadia said:

Umm....can you share which link from USCIS or DHS where I can find that info?

 

I know that for a CR-1 visa holder, the resident date starts at our POE and is valid for 2 years which then leads to RoC application. Unless, for other visa categories, the applicant was granted an immigrant visa at the U.S. embassy in their home country and the green card was mailed to them at their intended U.S. address....THEN the resident date would be different - it would be the date they printed the card.

I'm not copying my card if that is what you want (It's on there). I know there are some different dates for different cases. During my AOS in 2016 I googled the hell out of it and found a USCIS page stating that the date of the NOA was the date of the LPR for K1 applicants.

[Amadia 711]

3 minutes ago, Fr8dog said:

I'm not copying my card if that is what you want (It's on there).

I did not ask and would NEVER ask another member to share private information like that on a public forum. My question specifically stated can you share which link from USCIS or DHS where I can find that info? 

 

[Mollie09 1,543]

12 minutes ago, Fr8dog said:

I'm not copying my card if that is what you want (It's on there). I know there are some different dates for different cases. During my AOS in 2016 I googled the hell out of it and found a USCIS page stating that the date of the NOA was the date of the LPR for K1 applicants.

Uh yeah. The NOA as in Notice of Approval, not Notice of Action, which is usually what that's used to indicate.

[geowrian 22,337]

On 4/28/2019 at 11:11 PM, Fr8dog said:

- LPR starts on the date of your NOA for the AOS (I know that one for a fact as I checked my card).

Your facts are mistaken (unless you meant NOA2 / approval notice...?).

 

27 minutes ago, Fr8dog said:

During my AOS in 2016 I googled the hell out of it and found a USCIS page stating that the date of the NOA was the date of the LPR for K1 applicants.

Source? I'd love to see that.

[Villanelle 4,122]

44 minutes ago, Fr8dog said:

I'm not copying my card if that is what you want (It's on there). I know there are some different dates for different cases. During my AOS in 2016 I googled the hell out of it and found a USCIS page stating that the date of the NOA was the date of the LPR for K1 applicants.

Did you do ROC based on the dates on your card? 

[Fr8dog 312]

4 hours ago, username_taken said:

Did you do ROC based on the dates on your card? 

Yep

[Villanelle 4,122]

27 minutes ago, Fr8dog said:

Yep

And you had no problems with ROC? Have you attempted to apply for citizenship? I know it seems people are giving you a hard time but there are certain things that are considered to be 100% factual and non-debatable. One of such is the fact that your LPR start date is the date your petition is approved- not the date it was filed. Just about every single person posting on VJ - (with you as an exception) files their AOS packet - K based- and gets the NOA; then the EAD/AP if they requested one, and then after 6-16 months gets either an interview or just the NOA2 approval and GC mailed after. The start date on the GC is the date you were approved, not the date you originally filed. 

 

Its a common complaint and cause of confusion for people as the time you wait for your GC does not count towards naturalization. Some people do end up getting incorrect dates on their GC and it almost always comes to light when they file ROC. Usually the ROC is refused because they are trying to file too early. Sometimes they file for ROC late.... 

 

If you are 100% sure your card says resident since date and is the date you applied for AOS- AND you were able to apply for ROC based on 2yrs from that date- AND had no issues with ROC- well, Im really at a loss for what to say. I would be worried when or if you apply for citizenship- because when you apply for the n-400 they review your whole file and make sure everything was done correctly. I worry that you may have an issue if you attempt citizenship or even perhaps at 10yr when you have to renew the card. Right now they dont check anything from the past when you renew but theres talk of that changing. 

 

I was able to find this memo- dated summer of '16 stating LPR date is date you were approved (not retrogressive from  when you filed) with certain exceptions - K is not one of them... Was this memo before or after your date? https://www.uscis.gov/sites/default/files/policymanual/updates/20160727-EffectiveLPRDate.pdf

[Villanelle 4,122]

40 minutes ago, Fr8dog said:

Yep

Adjustment of Status
Event	Date
CIS Office :	Norfolk VA
Date Filed :	2016-01-19
NOA Date :	2016-01-27
RFE(s) :
Bio. Appt. :	2016-02-25
AOS Transfer** :
Interview Date :
Approval / Denial Date :	2016-03-22
Approved :	Yes
Got I551 Stamp :
Greencard Received:	2016-03-26
Comments :	No interview

 

 

According to your timeline you got your GC in about 3 months from filing, - so that makes a bit more sense of why your ROC maybe wasnt an issue. There is a 90 day window and yours would've been roughly 90 days before 3/16, so if you file ROC 1/18 it would have been in the window and the date error might have gone unnoticed. 

 

[Villanelle 4,122]

Sorry to keep posting but I just saw now that you are part of the Feb18 ROC filers... If your card resident since date was 1/27/16 then why would you be filing in Feb '18? Arent you insisting your card was issued using the NOA date of 1-27-16- which would make it expire 1-27-18.... (?) 

[Hakkenouw 19]

On 4/29/2019 at 7:42 AM, arken said:

Honestly speaking, I’d try to reschedule the interview if I were you. I think another 3 months of wait is worth when you look at the complete picture. With almost 13-20 months of processing time for ROC and the hassle of providing so much qualitative evidences, you will be putting yourself in the similar position you are in now two years after getting the conditional GC when you have a chance to skip that completely. 

 

Your EAD is automatically extended for 180 days since you applied for its extension, so you don’t need to worry about not being able to work.

 

However it’s definitely your choice. Good luck.

How would one go about rescheduling? We bought a house last September so saying that we are moving around the interview date would be a hard one to prove.
What are the waiting time on the AP renewals? My case (I-131 Renewal) was received on the 8th of January, I'm more worried about the AP than EAD, since I work with a good friend.
 

 

On 4/29/2019 at 7:51 AM, little immigrant said:

I wouldn't risk a reschedule. Instead of a new invitation you might get a denial if unlucky. I've seen it here. If your marriage is legit you have no problem passing the ROC stage.

 

For citizenship you need to be married to the same spouse for 3 years plus be an LPR for 3 years. Whichever date is later is the one you go by. Green card approval date is usually after the interview. 

And only possessing the physical green count towards the 3 years LPR?

[Hakkenouw 19]

1 hour ago, Fr8dog said:

Yep

I also remember reading somewhere that the 3 years start when they receive your AOS, but I can't find any evidence of it now..

Hopefully it is an exemptions for dutch citizens lol!

[Fr8dog 312]

My LPR is Jan 22nd, my card expired Mar 22nd. So yes those dates are not the same on my card. When I got the card I was confused so I contacted them. That is also when I googled the entire USCIS site (or at least it felt like it) and found something somewhere stating it was the NOA. I heard back from USCIS and they said everything is good. I filed ROC in Feb cause that worked out better for me. I'm currently waiting for them to process my RFE (that one is based on a complete evidence package gone missing) and after that I will file for the N400.

Everybody caught up now?

 

Regardless of the N400 yah or nah, I'm still suggesting to push it back till after the 2 year for the very simple reason of money and agony. This whole ROC thing is taking forever and it appears to be only getting worse.