1.When to file ROC (removal of conditions)

[bakphx1 789]

Just now, vj33 said:

We have filed the I90 to get it corrected. For the wrong green card. Is that what you mean?

Yes-that’s what I mean.  So it’s an unresolved I-90. They may see that, or they may just say there’s no CR to process the ROC and make you wait.  It’s more important to keep track of this for citizenship-show filed the I-90 and a timely I-751.  Keep those receipts.

[vj33 0]

4 minutes ago, bakphx1 said:

Yes-that’s what I mean.  So it’s an unresolved I-90. They may see that, or they may just say there’s no CR to process the ROC and make you wait.  It’s more important to keep track of this for citizenship-show filed the I-90 and a timely I-751.  Keep those receipts.

Thanks. Yeah we have the receipt for the I90 we filed,it shows its been processed at the moment. But it's stuck on that for 9ish months. 

[bakphx1 789]

3 minutes ago, bakphx1 said:

 

8 minutes ago, vj33 said:

We have filed the I90 to get it corrected. For the wrong green card. Is that what you mean?

I found another thread where someone mentioned the same scenario.  They didn’t follow through on ROC and got denied citizenship because they didn’t remove conditions.  Keep the receipts, let us know what happens.  

[OldUser 6,660]

@vj33 if you need to file I-751, you need to file at the right time, regardless of I-90 pending. In I-751 packet include I-90 receipt and write a cover letter explaining you were issued 10 year green card by mistake, and now filing to remove conditions. That should work.

[OldUser 6,660]

1 hour ago, Scandi said:

Does USCIS/lockbox reject the petition if the system shows ROC isn't applicable, ie the system shows that there isn't a conditional residency? Just thinking if that could become an issue possibly.

My belief is, USCIS will happely accept the I-751 petition, cash the check and maybe someday come back saying "immigration benefit obtained through other means" (don't quote me on exact wording).

[da95826 387]

13 hours ago, vj33 said:

filed I90 to get it corrected, still in process after 9 months

I think your i90 to fix the green card is likely to be completed in time with the issuance of the correct condition green card as you have 10 months or so before you need to file your i751. It is taking 16 months for green cards to be replaced or fixed 80% of the time with an i90 application.   Hopefully you will be able to file your i751 on time with your corrected conditional green card like everyone else. But submit the i751 on time before the 2nd anniversary of the start of the LPR regardless of whether or not the conditional green card makes it on time. This issue of USCIS issuing the wrong green card is not too uncommon so I think USCIS lockbox will likely understand an i751 application that has the i90 receipt notice, proof the marriage started within 2 years of the start date of the LPR and an explanation in the i751 cover letter.