ROC inquiry (split thread)

[jfbjfbjfb 6]

Please help me to understsand more about ROC. I have been in USA since Oct 12th 2015. And I just received my SSN Card not so long ago.

My POE was LAX Airport and On my passport has US Stamp said Admitted LAX on Oct 12th, 2015 /Class CR1 Until Oct 12th, 2017.

1. Does it mean my conditional residence expires on Oct 12th, 2017 ?

2. When can i file I 751 ? How does 90 days windows work ?

3. Do I have to submit all evidences again like I submitted when filing I 130 ?

Please guide me through

Thanks so much

[kryssy 1]

Please help me to understsand more about ROC. I have been in USA since Oct 12th 2015. And I just received my SSN Card not so long ago.

My POE was LAX Airport and On my passport has US Stamp said Admitted LAX on Oct 12th, 2015 /Class CR1 Until Oct 12th, 2017.

1. Does it mean my conditional residence expires on Oct 12th, 2017 ?

2. When can i file I 751 ? How does 90 days windows work ?

3. Do I have to submit all evidences again like I submitted when filing I 130 ?

Please guide me through

Thanks so much

Hi, how are you?. yes the your conditional residence will expire on that date. You have to file with in the 90 days of experation, not before and not after, mine expiered on may 15th 2015 and i filed on April 24th 2015, I recieved my Receipt of notice letter on May 15 2015th, the same day it expired (that was cool), which will be a temporary 1 year green card until I receive the 10 year green card, and yes you will have to submit evidence showing that your marriage is still active such as pictures together or with family memebers, trips taken together, health insurance, mortgage or rent reciepts in both names, bank account in both name, phone bill, car insurance, so with in this 2 years gahter your evidence along the way.

P.S I hope this helped

[oceanborn 33]

Please help me to understsand more about ROC. I have been in USA since Oct 12th 2015. And I just received my SSN Card not so long ago.

My POE was LAX Airport and On my passport has US Stamp said Admitted LAX on Oct 12th, 2015 /Class CR1 Until Oct 12th, 2017.

1. Does it mean my conditional residence expires on Oct 12th, 2017 ?

2. When can i file I 751 ? How does 90 days windows work ?

3. Do I have to submit all evidences again like I submitted when filing I 130 ?

Please guide me through

Thanks so much

1. Your conditional residence expires on whatever date is listed on your Green Card. CR1 until Oct 12th, 2017 does indicate indeed that the expiry date of your Green Card will be that same date.

2. You can file the I-751 in the 90-day window immediately preceding the expiry date of your Green Card. For you, that would be around July 2017 - a long way off, yet.

3. Yes; you are required to submit evidence that your marriage was entered into in good faith, and that you are still living together as a married couple. For example, some things they may like to see are:

A) Copies of any joint lease agreements / mortgages

B) Copies of any joint tax returns / transcripts

C) Copies of any large purchases made together (think cars, major loans in both your names)

D) Evidence of further co-mingling (think wills, benefits, insurance policies etc)

[Leo7777 243]

If you haven't already, I recommend reading VJ's Guide that provides a good list of evidences you can submit along with your I-751 application. In addition, I also recommend you type " I-751 list of supporting documents" in the VJ search button. You'll find excellent and creatives examples of supporting documents that members sent with their I-751 application.

Your supporting documents will have to show co-mingling from the inception of your marriage up until the time of your filing.

Good luck!

I note that others have also noted this 'from inception of marriage up until time of filing.'

I am a little mystified by this. I would think that for ROC, the documents should cover time from 'interview for first Green Card up to filing for ROC.'

Reason being, you have already filed the earlier materials with the AOS filing.

[Elf 146]

Also, many couples who adjust from K-1 receive an interview waiver, i.e. are not interviewed before receiving the first Green Card. Their AOS package could have been submitted very shortly after the wedding, so it makes sense that USCIS would want to see documentation covering the entire two year period of the marriage when applying to remove conditions.

[Pitaya 2,577]

It really should come as no surprise that USCIS wants everything since the inception of the marriage. It is stated on page 2 in the Form I-751 instructions (emphasis added):

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in "good faith" and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should include but not be limited to, the following examples:

REF: http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

The salient bit of advice, according to the recent RFEs, is to include everything 'cept the kitchen sink for documentation, to satisfy the adjudicator's interpretation of "as many documents as you can."

BTW, we almost included the kitchen sink with our RFE response, just to be done with it....

Edited November 8, 2015 by Pitaya

[Leo7777 243]

It really should come as no surprise that USCIS wants everything since the inception of the marriage. It is stated on page 2 in the Form I-751 instructions (emphasis added):

REF: http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

The salient bit of advice, according to the recent RFEs, is to include everything 'cept the kitchen sink for documentation, to satisfy the adjudicator's interpretation of "as many documents as you can."

BTW, we almost included the kitchen sink with our RFE response, just to be done with it....

Thanks, but I didn't say I was 'surprised.'

I said I was 'mystified.'

However, I think the real answer is as someone mentioned above.

i.e. Many K-1 filers did not go to interview; hence they did not, at that time, provide an updated list of backup materials.

For those folks, the time period they would need to cover to provide 'new' evidence would be greater than the time period for those who went to interview for 2 year Green Card and provided an up-to-date packet of supporting documents at that point.

And, since that would take too long to explain the fine points, the rules for 'everyone' just state to provide 'everything.'

[Pitaya 2,577]

Thanks, but I didn't say I was 'surprised.'

I said I was 'mystified.'

However, I think the real answer is as someone mentioned above.

i.e. Many K-1 filers did not go to interview; hence they did not, at that time, provide an updated list of backup materials.

For those folks, the time period they would need to cover to provide 'new' evidence would be greater than the time period for those who went to interview for 2 year Green Card and provided an up-to-date packet of supporting documents at that point.

And, since that would take too long to explain the fine points, the rules for 'everyone' just state to provide 'everything.'

You are correct. you didn't say surprised,' I did.

BTW, I said 'everything,' USCIS worded it differently as previously mentioned. However, I would prefer not to belabor the minutiae of the semantics.

I would prefer giving folks good ideas on how to successfully proceed through this portion of the immigration process, from someone who has had a recent successful ROC experience.

YMMV.

Good luck on your immigration journey.

[oceanborn 33]

& if you can detach the kitchen sink and FedEx it to the service center, all the better