ROC 90 day window I-751 start

[LarryHickman 181]

Hey guys it’s been awhile, hope all is well. 
 

First question, I’m wanting to know if the 90 day window for ROC starts 90 days before the expiration date on my wife’s greencard? 
 

For example if the greencard has an expiration of 5/17/21 would the 90 days begin on 2/21/21?
 

Second question, is the 90 days calendar days or business days i.e. Monday through Friday? 
 

Third question if my 90 day window starts 2/21/21 what month between 2/21 and 5/21 is ideal to send it in before 5/21/21?

 

Thanks! 

[NancyNguyen 1,658]

https://www.uscis.gov/forms/uscis-early-filing-calculator

[HRQX 4,145]

1 hour ago, LarryHickman said:

First question, I’m wanting to know if the 90 day window for ROC starts 90 days before the expiration date on my wife’s greencard?

Not always, as sometimes USCIS puts wrong expiration date on the Green Card. Per your timeline, the expiration date should be in August 2021. So 90 days before then.

[LarryHickman 181]

7 minutes ago, NancyNguyen said:

https://www.uscis.gov/forms/uscis-early-filing-calculator

Thanks 

[LarryHickman 181]

20 minutes ago, HRQX said:

Not always, as sometimes USCIS puts wrong expiration date on the Green Card. Per your timeline, the expiration date should be in August 2021. So 90 days before then.

 

1 hour ago, LarryHickman said:

Hey guys it’s been awhile, hope all is well. 
 

First question, I’m wanting to know if the 90 day window for ROC starts 90 days before the expiration date on my wife’s greencard? 
 

For example if the greencard has an expiration of 5/17/21 would the 90 days begin on 2/21/21?
 

Second question, is the 90 days calendar days or business days i.e. Monday through Friday? 
 

Third question if my 90 day window starts 2/21/21 what month between 2/21 and 5/21 is ideal to send it in before 5/21/21?

 

Thanks! 

I meant to say, Third question if my 90 day window starts 2/21/21 what month between 2/21 and 5/17 is ideal to send it in before the greencard expiration date of 5/17?

 

 

Thanks HRQX, we did receive her greencard in the mail on 8/30/2019 and the interview was a week earlier on 8/23/2019 thats the date I saw the immigration officer stamp APPROVED but the greencard expires 5/21/21 per the front of the card so I’m trying to get it nailed down.
 

 

Edited December 2, 2020 by LarryHickman

[HRQX 4,145]

10 minutes ago, LarryHickman said:

the interview was a week earlier on 8/23/2019 thats the date I saw the immigration officer stamp APPROVED

Then USCIS made a common error. Thus your wife should file Form I-90 ASAP for free with Reason (D): "My existing card has incorrect data because of Department of Homeland Security error" The correct expiration date is 08/23/2021. INA 216(d)(2)(A) is very clear: "90-day period before second anniversary. Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence."

 

Form I-90 can be filed online: https://www.uscis.gov/i-90

 

So don't file I-751 before 05/25/2021. https://www.uscis.gov/forms/uscis-early-filing-calculator

[LarryHickman 181]

25 minutes ago, HRQX said:

Then USCIS made a common error. Thus your wife should file Form I-90 ASAP for free with Reason (D): "My existing card has incorrect data because of Department of Homeland Security error" The correct expiration date is 08/23/2021. INA 216(d)(2)(A) is very clear: "90-day period before second anniversary. Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence."

 

Form I-90 can be filed online: https://www.uscis.gov/i-90

 

So don't file I-751 before 05/25/2021. https://www.uscis.gov/forms/uscis-early-filing-calculator

I just looked at my I-797 NOA paper form mailed to me and the approval date was 8/23/2019 and the instruction sheet the officer gave me in the interview on 8/23/2019 to file the I-751 was dated 8/23/2019.

 

where did you get the USCIS verbiage above? 
 

this sucks the expiration date on the greencard clearly states it expires 5/17/21.

 

I apologize for the expiration date i stated above its late and I’m tired,  the card expiration date on the front of the greencard is 5/17/21 NOT 5/21/21 I misspoke. It also says resident since 5/17/19. 

[HRQX 4,145]

2 minutes ago, LarryHickman said:

It also says resident since 5/17/19. 

As I mentioned this is a common error by USCIS:

"My original green card had the wrong "Resident Since" and "Expiry" dates. I filed an I-90 to get it corrected and was really lucky to get the new card within a month."

"Then the uscis refunded the fees I sent for the i-751 and closed the case and sent to me a letter explaining that they made an error on the date of the first green card so I have to file again because it was early to file for i-751 with the wrong date."

 

So in your wife's case "Resident Since" should be 08/23/2019 and "Expiration" should be 08/23/2021.

14 minutes ago, LarryHickman said:

where did you get the USCIS verbiage above?

It's actual federal law, not "USCIS verbiage." It's subsection 216(d)(2)(A) of the Immigration and Nationality Act.

 

Google "INA 216" click on the house.gov link and scroll down.

[LarryHickman 181]

3 minutes ago, HRQX said:

As I mentioned this is a common error by USCIS:

"My original green card had the wrong "Resident Since" and "Expiry" dates. I filed an I-90 to get it corrected and was really lucky to get the new card within a month."

"Then the uscis refunded the fees I sent for the i-751 and closed the case and sent to me a letter explaining that they made an error on the date of the first green card so I have to file again because it was early to file for i-751 with the wrong date."

 

So in your wife's case "Resident Since" should be 08/23/2019 and "Expiration" should be 08/23/2021.

It's actual federal law, not "USCIS verbiage." It's subsection 216(d)(2)(A) of the Immigration and Nationality Act.

 

Google "INA 216" click on the house.gov link and scroll down.

Ok well I guess I’ll be filing I-90 what a mess, I only looked hard at her green card because it was coming up in the next six months but the approval was in august of 2019 not in May of 2019, hell we didn’t even get married until March  of 2019 and there’s no way to get a greencard two months after the wedding.

[HRQX 4,145]

21 minutes ago, LarryHickman said:

Ok well I guess I’ll be filing I-90 what a mess

I-90 is a form with few questions when compared to other USCIS forms. Your wife would explain how USCIS messed up, provide some bio (height, weight, etc.) data, and answer 2 main questions:

1. Have you ever been in exclusion, deportation, or removal proceedings or ordered removed from the United States?
2. Since you were granted permanent residence, have you ever filed Form I-407, Abandonment by Alien of Status as Lawful Permanent Resident, or otherwise been determined to have abandoned your status?

And like I mentioned, filing Reason (D) is Free, as it should be. Imagine if USCIS tried to profit from their own incompetence. That would be complete insanity.

[LarryHickman 181]

3 minutes ago, HRQX said:

I-90 is a form with few questions when compared to other USCIS forms. Your wife would explain how USCIS messed up, provide some bio (height, weight, etc.) data, and answer 2 main questions:

1. Have you ever been in exclusion, deportation, or removal proceedings or ordered removed from the United States?
2. Since you were granted permanent residence, have you ever filed Form I-407, Abandonment by Alien of Status as Lawful Permanent Resident, or otherwise been determined to have abandoned your status?

And like I mentioned, filing Reason (D) is Free, as it should be. Imagine if USCIS tried to profit from their own incompetence. That would be complete insanity.

Thank you HRQX your a big help. I can already see them sending back my I-751 because I filed too early from their mistake they did on the greencard expire date vs the actual I 797 approval date which was also the date the officer had on the letterhead of our interview with hand written instructions when to file the I751

[LarryHickman 181]

One last question so my mind is clear, that I 797 NOA that had the approval date of 8/23/2019 is the date at which the legal permanent residence started for my wife as a K1 correct?
 

 and that date (8/23/2019) should have been two years forward exactly 8/23/2021 on the front of the greencard? 

I guess my question is plainly is the I 797 the date official of legal permanent residence?

[TBoneTX 46,076]

Thread is moved from the US Citizenship forum to the Removing Conditions forum.

[HRQX 4,145]

8 minutes ago, LarryHickman said:

my I-751 because I filed too early from their mistake

Just a note that for I-751 filing, your wife is the "Petitioner" in Part 7 and you are the "Spouse" in Part 8.

 

The I-751 Receipt Notice would list your wife's name as both "Beneficiary" and "Petitioner."

7 minutes ago, LarryHickman said:

that I 797 NOA that had the approval date of 8/23/2019 is the date at which the legal permanent residence started for my wife as a K1 correct?

Yes, you are correct.

7 minutes ago, LarryHickman said:

been two years forward exactly 8/23/2021 on the front of the greencard?

Yup.

[LarryHickman 181]

6 hours ago, HRQX said:

Just a note that for I-751 filing, your wife is the "Petitioner" in Part 7 and you are the "Spouse" in Part 8.

 

The I-751 Receipt Notice would list your wife's name as both "Beneficiary" and "Petitioner."

Yes, you are correct.

Yup.

Thank you HRQX!