Applying for ROC

[PP31 53]

I was under the impression that we could only apply for ROC 90 days before the expiration of the GC, but I was told at the I-485 interview that we can apply it after our second wedding anniversary. Is that really the case?

[HRQX 4,145]

32 minutes ago, PP31 said:

but I was told at the I-485 interview that we can apply it after our second wedding anniversary.

That is incorrect. See 8 CFR § 216.4(a)(1): "Within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained permanent residence, the alien and the alien's spouse who filed the original immigrant visa petition or fiance/fiancee petition through which the alien obtained permanent residence must file a Petition to Remove the Conditions on Residence (Form I-751) with the Service. The petition shall be filed within this time period regardless of the amount of physical presence which the alien has accumulated in the United States. Before Form I-751 may be considered as properly filed, it must be accompanied by the fee required under 8 CFR 106.2 and by documentation as described in paragraph (a)(5) of this section, and it must be properly signed by the alien and the alien's spouse. If the joint petition cannot be filed due to the termination of the marriage through annulment, divorce, or the death of the petitioning spouse, or if the petitioning spouse refuses to join in the filing of the petition, the conditional permanent resident may apply for a waiver of the requirement to file the joint petition in accordance with the provisions of § 216.5 of this part. Upon receipt of a properly filed Form I-751, the alien's conditional permanent resident status shall be extended automatically, if necessary, until such time as the director has adjudicated the petition."

Edited March 1, 2021 by HRQX

[PP31 53]

Wow, the officer that interviewed us last week told us to apply for ROC in November of this year which is when our second anniversary is.! 

[HRQX 4,145]

13 minutes ago, PP31 said:

Wow, the officer that interviewed us last week told us to apply for ROC in November of this year which is when our second anniversary is.! 

They'll deny it if you file too early: "until today when i received another mail (Decision) from UCIS stating that i applied earlier than the 90 days window. Hence, i'll have to put in a new application with fees again."

 

Only in the following scenarios can it be filed earlier: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf "Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States."

[PP31 53]

3 minutes ago, HRQX said:

They'll deny it if you file too early: "until today when i received another mail (Decision) from UCIS stating that i applied earlier than the 90 days window. Hence, i'll have to put in a new application with fees again."

 

Only in the following scenarios can it be filed earlier: https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf "Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States."

Well so glad I asked! Thanks for the information. Slightly annoyed that the officer mislead us.