I751 and SSN confusion? Need help to clarify

[arken 4,197]

8 minutes ago, Lil bear said:

If she had relinquished the GC while overseas using  I407, she could have then applied for an immigrant visa again from outside USA. She would have been granted a 10 yr card on entry But by getting the SB1 and returning into the US using that ,she must now go through ROC 

On what basis would she apply for an immigrant visa? 

[USC4SPOUSE 506]

@jeff27 Bank of America will open an account without a SSN. You have to do it in person, though. If you try to do it online, the system will not allow it. 

 

[Scandi 4,166]

4 minutes ago, USC4SPOUSE said:

This is all so interesting. Thank you everyone for clarifying. It was not an easy timeline to follow.  

Right, in his second post he clarified the timeline:

 

-Yes, we married on Oct 31, 2017 in the US and then left the country. 

-Both of us returned on 8/3/19 where her immigrant visa was approved

 

That's less than 2 years, so CR-1 visa = conditional greencard. The fact that the card had an error and they had to file to get a new card doesn't change the timeline. The return-visa doesn't change anything either. 

Edited July 14, 2021 by Scandi

[Lil bear 4,228]

2 minutes ago, arken said:

On what basis would she apply for an immigrant visa? 

Spouse of USC. Same as before. As long as USC was intending domicile go in the US 

[arken 4,197]

6 minutes ago, Lil bear said:

Spouse of USC. Same as before. As long as USC was intending domicile go in the US 

Yes that was doable by renouncing GC and filing a new i130 petition soon after they left and going thru the spousal visa process again. I guess OP and his wife hadn't planned to stay abroad that long initially.

[Lil bear 4,228]

16 minutes ago, arken said:

Yes that was doable by renouncing GC and filing a new i130 petition soon after they left and going thru the spousal visa process again. I guess OP and his wife hadn't planned to stay abroad that long initially.

Yes. Unfortunately it seems they didn’t understand the impact of still needing ROC now that they have returned. SB1 got her back into the US.. now she needs to file her ROC forms prior to the expiry of her 2 yr GC 

[jeff27 2]

6 hours ago, Villanelle said:

They are processed by 2 different gov agencies. SSA and USCIS. Have nothing to do with each other.

 

 

Of course it will expire. ROC processing takes 1-2 years on average. When you file you get a NOA extension letter. You can show your expired card +NOA and it is proof of status for work and travel for 18 months. If your ROC is not approved when that expires you can get a 551 stamp for proof of status.

None of that is part of the ROC process. You should browse the ROC subforum for more information about ROC in general as it seems you are unaware of what is and isnt required. 

Affidavits are considered secondary evidence. You can include them if you like but they should not be your main evidences. Here is a somewhat recent post about how to assemble ROC evidences with less then traditional evidences.  It is not a problem to not have a joint bank account. You need to show shared finances not a shared account. 

 

Thank you so much for your reply!! 

Yes, I was a bit confused about ROC - since it has to be done within 90days but I didn't realize that the GC card will expire for everyone before the ROC will expire...

 

We will try to show shared finances though we don't have a joint bank account in the US yet (without a SSN)

[USC4SPOUSE 506]

34 minutes ago, jeff27 said:

Thank you so much for your reply!! 

Yes, I was a bit confused about ROC - since it has to be done within 90days but I didn't realize that the GC card will expire for everyone before the ROC will expire...

 

We will try to show shared finances though we don't have a joint bank account in the US yet (without a SSN)

@jeff27 The I-751 requires you submit evidence since the date of the marriage. Hopefully, that will make it easier for you to find evidence you can submit. 

Here is a nice example of a comprehensive I-751 filing. (Scroll down to the second post). You may get some good ideas from it.