Question about when to send ROC in? Passport Control told us now...

[boohbah 0]

When I was reading up on the ROC guide before, it says not to send the forms in any sooner than the 90 day window. Passport control told us otherwise today though...?

My hubby has the 2 year green card & it expires on March 11, 2011. We weren't going to file ROC until December, since that'd hit the 90 day thing. We just came back from visiting his parents overseas. The guy at passport control asked us if we were going to extend the greencard...I told him yes, but not yet. Then, he went all "LOL" in my face, saying I am supposed to be doing it now. I mentioned the 90 day thing to him & he just LOL'ed some more.

First reaction after we left the counter was "OH GOD, WE NEED TO GET THIS DONE NOW! D:"...but then I started thinking about what the guide here says...so thought I ask to see if anyone had insight about that airport employee's information.

[FreeAgent 1]

When I was reading up on the ROC guide before, it says not to send the forms in any sooner than the 90 day window. Passport control told us otherwise today though...?

My hubby has the 2 year green card & it expires on March 11, 2011. We weren't going to file ROC until December, since that'd hit the 90 day thing. We just came back from visiting his parents overseas. The guy at passport control asked us if we were going to extend the greencard...I told him yes, but not yet. Then, he went all "LOL" in my face, saying I am supposed to be doing it now. I mentioned the 90 day thing to him & he just LOL'ed some more.

First reaction after we left the counter was "OH GOD, WE NEED TO GET THIS DONE NOW! D:"...but then I started thinking about what the guide here says...so thought I ask to see if anyone had insight about that airport employee's information.

90 days before the card expiration, there is nothing to worry about now. Why am I not surprised they didn't know much...

[boohbah 0]

90 days before the card expiration, there is nothing to worry about now. Why am I not surprised they didn't know much...

Yeah, I wouldn't be too surprised. It's like when we call customer service numbers & get 4 different answers from different people.

Passport Control guy proceeded to tell me that it will take at least 6 months to get the new green card. But, I am assuming they add an extension the current greencard anyway, right?

[FreeAgent 1]

Yeah, I wouldn't be too surprised. It's like when we call customer service numbers & get 4 different answers from different people.

Passport Control guy proceeded to tell me that it will take at least 6 months to get the new green card. But, I am assuming they add an extension the current greencard anyway, right?

as soon as you file, USCIS will send you a notice of action letter that automatically extends your current green card by one year while the application for removal is pending. you can travel, work, etc.

[Kathryn41 3,205]

Yeah, I wouldn't be too surprised. It's like when we call customer service numbers & get 4 different answers from different people.

Passport Control guy proceeded to tell me that it will take at least 6 months to get the new green card. But, I am assuming they add an extension the current greencard anyway, right?

Passport control guy isn't aware that you are filing from a 2 year card that requires a specific removal of conditions form. Passport control guy thinks you are filing to renew a 10 year green card which is a totally different process and the one that is used after you remove your conditions and become a permanent resident - and don't go on to become a citizen. It doesn't have a 90 day window. You can file early and you can file late with the I-90. You have to file during the 90 day window with the I-751.

File in December if that is your plan. As long as USCIS receives the application during that 90 day window prior to the green card expiring you'll be fine. You will receive back a NOA receipt which is a letter acknowledging receipt of the application and including 2 sentences stating that your green card status is extended for one year and is valid for both work and travel. You carry the letter (or a copy of it should be fine) with your green card and they act together as one document.

If, for some reason, you don't receive your NOA, (I didn't), you can make an Infopass appointment and get the I-551 stamp put in your passport that will also extend your status for 1 year. You should receive your approval and 10 year card within that year, although in some cases it can take longer. If, by the time you are eligible to apply for citizenship and want to apply for citizenship but still haven't received the 10 year card approval, you can file for Naturalization anyway, and that will 'force' them to adjudicate the ROC application first.

[w8inglongtime 29]

When I was reading up on the ROC guide before, it says not to send the forms in any sooner than the 90 day window. Passport control told us otherwise today though...?

My hubby has the 2 year green card & it expires on March 11, 2011. We weren't going to file ROC until December, since that'd hit the 90 day thing. We just came back from visiting his parents overseas. The guy at passport control asked us if we were going to extend the greencard...I told him yes, but not yet. Then, he went all "LOL" in my face, saying I am supposed to be doing it now. I mentioned the 90 day thing to him & he just LOL'ed some more.

First reaction after we left the counter was "OH GOD, WE NEED TO GET THIS DONE NOW! D:"...but then I started thinking about what the guide here says...so thought I ask to see if anyone had insight about that airport employee's information.

Another idiot at POE misinforming people. The guy obviously has no idea what he's talking about. If you file it now like he suggested, it will be sent right back to you. Wait and file it during the 90 day window as mentioned by USCIS. Don't lose sleep over what the guy said. He's 100% wrong.

[dolphin1 5]

I filed for ROC 1 day before the 90 days window and they sent back my package. That guy didnt know much about his job i think.