What expire date should be on Greencard for K1?

[LarryHickman 181]

I'm confused, what date should the k1 Greencard expire date and resident since date be based off of? 

 

I mailed and signed the I-485 AOS on or about 4/12/19.

I received a NOA I-797C 'receipt' for the I-485 AOS on 4/25/2019

I received a NOA I-797C  'request for applicant to appear for initial interview' for the I-485 AOS on 4/25/2019

 

Our K1 Greencard interview was on 8/23/2019

We received in the mail the Greencard on 8/30/2019

 

During the K1 Greencard interview the Officer gave me a paper form SECTION 216 NOTICE dated 8/23/2019 with hand written notes at the bottom to do the I-751 in approximately two years.

 

Shortly after the Greencard interview on 8/23/2019 we received a NOA I-797 that our I-485 AOS was approved with the Notice Date of 8/23/2019.

 

My wifes Greencard expire date is 5/17/21

My wifes Greencard Resident Since date is 5/17/19.

 

My question is what in the HE!!!!!! should the Greencard expire date be and when does my 90- window begin for the 10 year Greencard?

 

I have heard do a I-90 and surrender the Greencard (mailed in with the I-90) to get a new Greencard with correct dates or should I just start the 10 year Greencard process on 2/16/21 based off the current dates on my wifes Greencard?

 

Should the correct start date for 10 year Greencard be 5/25/21?

 

I would like positive proof facts not opinions or hearsay on how the expire date is calculated not someone's quick reply, what they believe to be true or opinion please, ABSOLUTE in written form how this expire date is calculated,

 

Thanks VJ friends

 

 

Edited December 2, 2020 by LarryHickman

[Dashinka 24,372]

I am not sure anyone can say exactly for certain, but it is my understanding that it should be based on the date of the I797 that showed you were approved, in your case it should be 8/23/2019.  It appears there was an error by USCIS so you should not have to pay for getting the mistake corrected.  Once you get the dates corrected, you should file the I751 90 days prior to 8/23/2021.

 

Good Luck!

 

 

[Crazy Cat 41,606]

The Residence Since date should be the date the Green Card was approved.  If the date is incorrect, you must file an I-90 to have it corrected.  In addition, you must file for Removal of Conditions (I-751) based on the CORRECT date.  From what you posted, it sounds like the correct "Residence Since" date should be 8/23/2019.

[Crazy Cat 41,606]

Here is the proof you wanted:

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

 

[Crazy Cat 41,606]

34 minutes ago, LarryHickman said:

I would like positive proof facts not opinions or hearsay on how the expire date is calculated not someone's quick reply, what they believe to be true or opinion please, ABSOLUTE in written form how this expire date is calculated,

That sounds pretty demanding for the price you pay here on VJ......LOL...  Attorneys charge a lot more for their opinions....

Edited December 2, 2020 by Lucky Cat

[LarryHickman 181]

12 minutes ago, Lucky Cat said:

The Residence Since date should be the date the Green Card was approved.  If the date is incorrect, you must file an I-90 to have it corrected.  In addition, you must file for Removal of Conditions (I-751) based on the CORRECT date.  From what you posted, it sounds like the correct "Residence Since" date should be 8/23/2019.

Lucky Cat and Dashinka thank you.

 

I believe I will need to do the I-90 to get a new two year Greencard with correct dates and what you provided Lucky Cat appears proof, what a mess!

 

Lucky Cat I believe what you provide is correct so thank you!

[Crazy Cat 41,606]

Just now, LarryHickman said:

Lucky Cat and Dashinka thank you.

 

I believe I will need to do the I-90 to get a new two year Greencard with correct dates and what you provided Lucky Cat appears proof, what a mess!

 

Lucky Cat I believe what you provide is correct so thank you!

It really is a mess when USCIS make an error like that.  A couple years ago, USCIS had to do a mass recall due that exact error on a large number of green Cards.  I hope you get it sorted out easily.

[LarryHickman 181]

2 minutes ago, Lucky Cat said:

It really is a mess when USCIS make an error like that.  A couple years ago, USCIS had to do a mass recall due that exact error on a large number of green Cards.  I hope you get it sorted out easily.

Would I need to submit two passport style photos again and send them a copy of my NOA's with the I-90 form along with my wife's greencard? I'm just wondering what else besides the I-90 i will need to send to them?

[Crazy Cat 41,606]

4 minutes ago, LarryHickman said:

Would I need to submit two passport style photos again and send them a copy of my NOA's with the I-90 form along with my wife's greencard? I'm just wondering what else besides the I-90 i will need to send to them?

Mark item 3d as this was a USCIS mistake.  I would also send a copy of the I-485 approval notice as proof of the correct date.   You can file online, but they will probably want you to send the original card back before they create a new one (I have seen this happen multiple times).....or you can file a paper copy along with the original card.  I didn't see any requirement to submit new photos.

 

 

[LarryHickman 181]

11 minutes ago, Lucky Cat said:

Mark item 3d as this was a USCIS mistake.  I would also send a copy of the I-485 approval notice as proof of the correct date.   You can file online, but they will probably want you to send the original card back before they create a new one (I have seen this happen multiple times).....or you can file a paper copy along with the original card.  I didn't see any requirement to submit new photos.

 

 

Thank you, I'm going to file a paper copy and begrudgingly hand over my wifes current Greencard

[mushroomspore 3,043]

1 hour ago, LarryHickman said:

I'm confused, what date should the k1 Greencard expire date and resident since date be based off of? 

 

I mailed and signed the I-485 AOS on or about 4/12/19.

I received a NOA I-797C 'receipt' for the I-485 AOS on 4/25/2019

I received a NOA I-797C  'request for applicant to appear for initial interview' for the I-485 AOS on 4/25/2019

 

Our K1 Greencard interview was on 8/23/2019

We received in the mail the Greencard on 8/30/2019

 

During the K1 Greencard interview the Officer gave me a paper form SECTION 216 NOTICE dated 8/23/2019 with hand written notes at the bottom to do the I-751 in approximately two years.

 

Shortly after the Greencard interview on 8/23/2019 we received a NOA I-797 that our I-485 AOS was approved with the Notice Date of 8/23/2019.

 

My wifes Greencard expire date is 5/17/21

My wifes Greencard Resident Since date is 5/17/19.

 

My question is what in the HE!!!!!! should the Greencard expire date be and when does my 90- window begin for the 10 year Greencard?

 

I have heard do a I-90 and surrender the Greencard (mailed in with the I-90) to get a new Greencard with correct dates or should I just start the 10 year Greencard process on 2/16/21 based off the current dates on my wifes Greencard?

 

Should the correct start date for 10 year Greencard be 5/25/21?

 

I would like positive proof facts not opinions or hearsay on how the expire date is calculated not someone's quick reply, what they believe to be true or opinion please, ABSOLUTE in written form how this expire date is calculated,

 

Thanks VJ friends

 

 

The "Resident Since" date needs to be the day you were APPROVED as an permanent resident. I mean, it's impossible for someone to say they were a permanent resident at any point before actual approval. Seemingly easy logic but USCIS is not the most consistent or logical agency to deal with sometimes. After my approval, they effed up my card and listed the "Resident Since" date as the day we filed, which was more than a year prior to my actual approval. When I went into the field office to inquire about it, the employee I spoke with insinuated that I should not do anything about the incorrect card so I can apply for ROC and N400 earlier. I was shocked. You MUST file I-90. You do NOT want to get all the way to the citizenship interview just to be denied. They go over your entire history at the N400 interview and they will see your dates were incorrect and rightfully deny citizenship. They will not refund the N400 filing fee either. 

 

In any case, my I-90 was approved very quickly but I think my experience was an outlier, not the norm. I suggest filing by paper (not online) because you have to send in the physical card. Make sure to make a photocopy of the front and back of the card BEFORE you mail it off (just for your records). Good practice in general to copy every single item and document you get from USCIS in case they bung things up some other way down the road and you need proof of your timeline, etc.

Edited December 2, 2020 by mushroomspore

[LarryHickman 181]

3 minutes ago, mushroomspore said:

The "Resident Since" date needs to be the day you were APPROVED as an permanent resident. I mean, it's impossible for someone to say they were a permanent resident at any point before actual approval. Seemingly easy logic but USCIS is not the most consistent or logical agency to deal with sometimes. After my approval, they effed up my card and listed the "Resident Since" date as the day we filed, which was more than a year prior to my actual approval. When I went into the field office to inquire about it, the employee I spoke with insinuated that I should not do anything about the incorrect card so I can apply for ROC and N400 earlier. In any case, my I-90 was approved very quickly but I think my experience was an outlier, not the norm. I suggest filing by paper (not online) because you have to send in the physical card. Make sure to make a photocopy of the front and back of the card BEFORE you mail it off (just for your records). Good practice in general to copy every single item and document you get from USCIS in case they bung things up some other way down the road and you need proof of your timeline, etc.

Good advice mushroomspore, I'm hoping if I get the I-90 sent off say in the next week I'll have the new Greencard by the end of January...….I would like some clarity before the INCORRECT 90 day window starts in February (2/16/21) vs the CORRECT 90 day window start of (5/25/21).

 

I make copies of everything!

[mushroomspore 3,043]

11 minutes ago, LarryHickman said:

Good advice mushroomspore, I'm hoping if I get the I-90 sent off say in the next week I'll have the new Greencard by the end of January...….I would like some clarity before the INCORRECT 90 day window starts in February (2/16/21) vs the CORRECT 90 day window start of (5/25/21).

 

I make copies of everything!

Don't worry about the incorrect 90-day window because that's their fault. Send the I-90 with the card and a copy of the final approval notice. I put a Post-it with an arrow pointing to my approval date to make it super obvious. To make it easy to explain my story, this was my timeline:

 

Aug 2017: Filed Adjustment of Status

Oct 2018: Approved at Interview

Mid-Oct 2018: Received incorrect card (Resident Since: Aug 2017; Expires: Aug 2019 🙄)

Nov 2018: Filed I-90 by paper

Nov 2018: Submitted expedite request for I-90 due to it being USCIS/DHS's error

Dec 2018: Expedite denied, but days later, I-90 approved and corrected card received (Resident Since: Oct 2018; Expires: Oct 2020 🙃)

Feb 2019: Received incorrect reminder letter about filing I-751 before Aug 2019

Feb 2019: Reached out to Senator's office about confirming with USCIS that I am NOT supposed to file I-751 until July 2020 at the earliest

2019-2020: Crickets. They didn't even send a reminder letter based on my correct dates lol.

Aug 2020: Filed I-751, no issues.

Now: Crickets....haven't even gotten biometrics yet 'cause of COVID and California Service Center is hella slow apparently.

 

Hope this was helpful.

Edited December 2, 2020 by mushroomspore

[LarryHickman 181]

7 minutes ago, mushroomspore said:

Don't worry about the incorrect 90-day window because that's their fault. Send the I-90 with the card and a copy of the final approval notice. I put a Post-it with an arrow pointing to my approval date to make it super obvious. To make it easy to explain my story, this was my timeline:

 

Aug 2017: Filed Adjustment of Status

Oct 2018: Approved at Interview

Mid-Oct 2018: Received incorrect card (Resident Since: Aug 2017; Expires: Aug 2019 🙄)

Nov 2018: Filed I-90 by paper

Nov 2018: Submitted expedite request for I-90 due to it being USCIS/DHS's error

Dec 2018: Expedite denied, but days later, I-90 approved and corrected card received (Resident Since: Oct 2018; Expires: Oct 2020 🙃)

Feb 2019: Received incorrect reminder letter about filing I-751 before Aug 2019

Feb 2019: Reached out to Senator's office about confirming with USCIS that I am NOT supposed to file I-751 until July 2020 at the earliest

2019-2020: Crickets. They didn't even send a reminder letter based on my correct dates lol.

Aug 2020: Filed I-751, no issues.

Now: Crickets....haven't even gotten biometrics yet 'cause of COVID and California Service Center is hella slow apparently.

 

Hope this was helpful.

Thank you....honestly I do worry about their error, lol...

 

So it took about a month from filing the I-90 and getting the correct Greencard?

 

I also have another question once I get to the I-751 part, is it possible to file and everything go well (eyeroll) and receive the new 10 year Greencard without an additional interview or appointment? What I mean is what is supposed to happen finality after the I-751 is filed?

[mushroomspore 3,043]

2 minutes ago, LarryHickman said:

Thank you....honestly I do worry about their error, lol...

 

So it took about a month from filing the I-90 and getting the correct Greencard?

 

I also have another question once I get to the I-751 part, is it possible to file and everything go well (eyeroll) and receive the new 10 year Greencard without an additional interview or appointment? What I mean is what is supposed to happen finality after the I-751 is filed?

Like I said, my I-90 was approved VERY quickly and my experience is an outlier, not the norm. General estimated processing times for I-90 can be found on the USCIS website and I believe it averages 10-14 months?

 

As for I-751, yes, you may receive the 10-year green card without an interview. You MAY not even have to do biometrics, depending on the pandemic next year. After you file I-751, all you have to do is wait. Most people file N400 as soon as they're eligible, even if their I-751 is still pending. Usually, USCIS will do a joint interview to resolve both I-751/N400 simultaneously but this is not completely guaranteed. I've seen some stories of people doing the N400 interview but then being told that a decision cannot be made because their I-751 file was not delivered to the field office in time or some other reason. I've also seen some people wait until their I-751 is resolved first before applying for N400 for this reason, but the decision is ultimately yours. Personally, I'm going to apply for N400 next year as soon as I'm eligible.