USCIS Issued ME 1 year GREENCARD THAN 2 YEARS!!

[mushroomspore 3,044]

1 minute ago, SebastianOs said:

Thanks for the reply!

 

I think I read it somewhere on a Facebook group for AOS, they're saying some may get lucky some won't so it's case to case basis. But, now I remembered reading it on USCIS website (thanks for reminding me BTW) before about getting 10 years GC when married more  than 2 years. 

 

I didn't provide much details on my post but we did submitted I-90 form on  August 2021 but until now still pending in review. I don't know if I should wait for that or we should just apply now for ROC before it expires on August this year.

FB is not an official source for govt info....or official source for ANY info actually lol. 

 

Oh it would have been good to mention in your first post that you already submitted I-90. Do not submit I-751. They made a similar error on my GC back in 2017. They said I had been a resident since Aug 2017 but that was when I FILED AOS. I was approved Oct 2018. I also got a wrong letter saying, "You're supposed to file I-751 close to Aug 2019." Obviously this was wrong. I filed I-90. I also replied to the I-751 reminder letter with a copy of my I-90 receipt notice stating that the dates on my card were wrong and I had filed I-90 so actually I did NOT need to file I-751 in Aug 2019. I'm not sure if that did anything but I got the new GC with all the correct info surprisingly quickly. I still had to do I-751 because my marriage was only 1 year and 4 months old when I had been approved. But there were no issues and I'm a citizen now.

[powerpuff 6,712]

6 minutes ago, SebastianOs said:

I didn't provide much details on my post but we did submitted I-90 form on  August 2021 but until now still pending in review. I don't know if I should wait for that or we should just apply now for ROC before it expires on August this year.

Well, that would have been a very helpful bit of information to provide in the first place. 
 

Average processing time for I-90 is 15 months.

[SebastianOs 14]

23 minutes ago, powerpuff said:

That’s what I meant by second interview. 
 

File I-90 for free to receive a correct 10 year GC. You don’t want to deal with ROC

Ok!

 

We did file form I-90 on August 2021 but haven't heard anything as of yet. My greencard is about to expire next month. Not sure if we should wait to hear back or we just apply ROC

[mushroomspore 3,044]

13 minutes ago, Crazy Cat said:

We cannot give accurate advice when you don't give us all the information.  However, you stated "We didn't bother to call USCIS."

I'm out.  Good luck.....

(I would not submit an I-751 package unless it was actually required).

I feel like we should have an FAQ/info section about questions like these. And maybe a big banner that says, "USCIS.GOV is the only official place to be getting information from."

2 minutes ago, SebastianOs said:

Ok!

 

We did file form I-90 on August 2021 but haven't heard anything as of yet. My greencard is about to expire next month. Not sure if we should wait to hear back or we just apply ROC

As I said, do not file ROC. Your marriage was more than 2 yrs old at the time of approval so you are an UNconditional resident and do not need to file I-751. You will be wasting the filing fee and further complicating your case. Make an Infopass and get your passport stamped with I-551.

Edited July 16, 2022 by mushroomspore

[SebastianOs 14]

11 minutes ago, mushroomspore said:

FB is not an official source for govt info....or official source for ANY info actually lol. 

 

Oh it would have been good to mention in your first post that you already submitted I-90. Do not submit I-751. They made a similar error on my GC back in 2017. They said I had been a resident since Aug 2017 but that was when I FILED AOS. I was approved Oct 2018. I also got a wrong letter saying, "You're supposed to file I-751 close to Aug 2019." Obviously this was wrong. I filed I-90. I also replied to the I-751 reminder letter with a copy of my I-90 receipt notice stating that the dates on my card were wrong and I had filed I-90 so actually I did NOT need to file I-751 in Aug 2019. I'm not sure if that did anything but I got the new GC with all the correct info surprisingly quickly. I still had to do I-751 because my marriage was only 1 year and 4 months old when I had been approved. But there were no issues and I'm a citizen now.

Yeah, I know and you're right. Read it on USCIS website and that's why we filed form I-90 ASAP but no updates until now. 

We definitely have similar situation, sorry to hear that. But, WOW, so happy for you finally your done with all the applications. I'll respond to the letter they sent me as well. I really hope they'll give me an update soon after I mail them about my form I-90. Thank you!

[SebastianOs 14]

 

19 minutes ago, mushroomspore said:

As I said, do not file ROC. Your marriage was more than 2 yrs old at the time of approval so you are an UNconditional resident and do not need to file I-751. You will be wasting the filing fee and further complicating your case. Make an Infopass and get your passport stamped with I-551.

We definitely don't want to waste time and money. Where and how to do the infopass and passport stamp? 

I'm glad you guys are here to answer my questions and to further my knowledge about all this. 

[mushroomspore 3,044]

10 minutes ago, SebastianOs said:

 

We definitely don't want to waste time and money. Where and how to do the infopass and passport stamp? 

I'm glad you guys are here to answer my questions and to further my knowledge about all this. 

USCIS.GOV has the number to call for Infopass. Ask to talk to Tier 2 officer. Before Covid, we were able to make Infopass appts online. But sadly that's no longer available so you have to call. If they get difficult, just keep insisting you have to get the passport stamp because your physical card is incorrect and you need to retain proof of employment authorization and to return to the US should you decide to travel internationally.

[EatBulaga 315]

4 hours ago, SebastianOs said:

Basically, on my green card says I was a resident since August 2020 but I never got approved that year. So, our current status now is they sent me  a  notice letter saying to apply for ROC, also says I got approved on the year 2020 but that's not true. We didn't bother to call USCIS. But my question is, if you were in my case what do you think you could've done? 

Just for the sake of playing devil's advocate here to everyone...

What is the harm in applying for the I-751 Removal of Condition here aside from losing the $595 filing fee?

If anything, the August 2020 date is now documented and can be used to apply for the N-400 Naturalization in February 2023? And considering that the @SebastianOs marriage is already 2+ years, the August 2020 date could be USCIS backtracking the acceptance date to the first denial since they were approved later?

What are the pros/cons of applying for the I-751 as their notice letter suggests?

Edited July 16, 2022 by EatBulaga

[powerpuff 6,712]

32 minutes ago, EatBulaga said:

Just for the sake of playing devil's advocate here to everyone...

What is the harm in applying for the I-751 Removal of Condition here aside from losing the $595 filing fee?

If anything, the August 2020 date is now documented and can be used to apply for the N-400 Naturalization in February 2023? And considering that the @SebastianOs marriage is already 2+ years, the August 2020 date could be USCIS backtracking the acceptance date to the first denial since they were approved later?

What are the pros/cons of applying for the I-751 as their notice letter suggests?

It’s the immigrant’s responsibility to make sure his documentation is correct and in case it’s not, get it corrected if there’s an error. 
 

At N400 they will look in depth at the history and dates and see that they’re not eligible for citizenship because they have not become a resident in August 2020.

And why pay almost $600 and most likely wait 2-3 years when you can get a 10 year card for free in less time than that? 

 

Edited July 16, 2022 by powerpuff

[mushroomspore 3,044]

1 hour ago, EatBulaga said:

Just for the sake of playing devil's advocate here to everyone...

What is the harm in applying for the I-751 Removal of Condition here aside from losing the $595 filing fee?

If anything, the August 2020 date is now documented and can be used to apply for the N-400 Naturalization in February 2023? And considering that the @SebastianOs marriage is already 2+ years, the August 2020 date could be USCIS backtracking the acceptance date to the first denial since they were approved later?

What are the pros/cons of applying for the I-751 as their notice letter suggests?

Nope, they do not "backtrack" the date like that ever. As powerpuff said too, they review the applicant's entire history for citizenship. Filing I-751 in this case would accomplish nothing but confuse USCIS' system even further. They will see at N400 that this case was approved in 2021, NOT in 2020. That Aug 2020 date was for a DENIAL. It is on record as a denial and they do not change it to an APPROVAL after the fact. The only approval here happened in 2021. If OP was to attempt to file N400 based on the incorrect dates, they would be promptly denied citizenship. My own GC was printed with incorrect dates (mine said I had been a resident since the day I filed AOS, not the day I was approved). I made an Infopass and was told to not attempt to cheat the system by filing N400 based on the incorrect dates. They WILL catch it and it won't be reflected well on the applicant if an applicant were to do this.

[Crazy Cat 41,894]

17 hours ago, EatBulaga said:

Just for the sake of playing devil's advocate here to everyone...

What is the harm in applying for the I-751 Removal of Condition here aside from losing the $595 filing fee?

If anything, the August 2020 date is now documented and can be used to apply for the N-400 Naturalization in February 2023? And considering that the @SebastianOs marriage is already 2+ years, the August 2020 date could be USCIS backtracking the acceptance date to the first denial since they were approved later?

What are the pros/cons of applying for the I-751 as their notice letter suggests?

There would be a LOT of wasted money.  The 2020 date CANNOT be used for naturalization if the adjustment of status was not approved until 2021.  No, they do not backtrack dates.  

[Ontarkie 14,230]

~~Hijack post removed. PLease do not post questions about your own case in other member's threads. Your question has been answered in your existing thread.~~~~

Edited July 17, 2022 by Ontarkie

[mushroomspore 3,044]

1 hour ago, Crazy Cat said:

There would be a LOT of wasted money.  The 2020 date CANNOT be used for naturalization if the adjustment of status was not approved until 2021.  No, they do not backtrack dates.  

Exactly. Also, in such cases, there is no way for the applicant to time travel back to the hypothetically "backdated" approval date and relive that time as a green card holder. In OP's case, their first denial was Aug 2020 and they were not approved until mid-2021. That time between the first denial and later approval is already gone and OP already lived it without the rights and privileges of a green card holder since they were not approved during that time. OP can't return to Aug 2020 and redo that bit of time as a green card holder. As such it's only logical for USCIS to not backdate.

Edited July 17, 2022 by mushroomspore

[SebastianOs 14]

On 7/17/2022 at 1:35 PM, mushroomspore said:

Exactly. Also, in such cases, there is no way for the applicant to time travel back to the hypothetically "backdated" approval date and relive that time as a green card holder. In OP's case, their first denial was Aug 2020 and they were not approved until mid-2021. That time between the first denial and later approval is already gone and OP already lived it without the rights and privileges of a green card holder since they were not approved during that time. OP can't return to Aug 2020 and redo that bit of time as a green card holder. As such it's only logical for USCIS to not backdate.

Update: They responded to me through email after calling them last month.

 

Copy & pasted email from USCIS:

 

"Message from USCIS

Contact Center

 

We are contacting you about your pending request to be scheduled for an in-person appointment at a USCIS field office. Unfortunately, there are no available appointments with the field office that you need to visit. We apologize for this inconvenience and appreciate your patience.

Please note that we process all requests for appointments in the order in which they were received. We ask that you wait for the Contact Center to reach out rather than calling back to check on your request as it may result in longer wait times.

As soon as an appointment becomes available, we wil:

Send you an email with the date and time if it is determined you are eligible for an appointment; OR

Contact you by phone or email to confirm that the appointment is still needed, and if so, schedule as appropriate.

If you have an application pending for a green card, please continue to monitor your case status using our online tools and contact us if the appointment is no longer needed."