Should I follow 2 year anniversary of residency or card expiration date

[Unlockable 7,306]

EM_Vandaveer posted the best strategy in my opinion.

[JR loves JR 196]

I would also file 90 days before your 2 year anniversary of becoming a Permanent Resident. I'd ignore the date of expiration in the card itself. I'm pretty sure that the worst they do if you file too early is reject it without even cashing your check. But if you file too late, there's a chance that they'll deny and you'll have to appeal which would be highly stressful.

[squareleg 69]

Hello everyone,

I entered the US in Oct, 2014 and had got my GC with an expiration date of Oct, 2016. But, there was a name error in my GC and I had to send it back to USCIS for correction. It took about 10 months after that for me to get the new Green Card with my name written correctly. The expiration date on the new card now became August, 2017. That makes it almost 3 years of residency.

Now, to apply for removing conditions, should I follow the expiration date on my corrected Green card (August 2017) or the actual 2 year anniversary of my residency (October 2016)?

Keen to know your thoughts.

Thank you.

This was posted as experience on another thread. It appears to be similar situation as yours. I suggest: Oct2014+ 24-months - 90days = File ROC

USCIS rule is that you must remove conditions before the end of your 2 yr residency ends, but not more than 90 days before. Usually the expiry date on your green card is exactly 2 years after the residency starts. In my husband's case they had the expire date wrong the 1st time. After we sent it back in to have it corrected they sent it back with another wrong date. The I-751 says to remove conditions no more than 90 days prior to expiration, but they are assuming USCIS put the right date on the card to begin with so this is not always correct. The law is that removal of conditions is based on the date you became an LPR, NOT necessarily the expiration date. We were told we can file up to 90 days before the date he became an LPR and to ignore the expire date. We were also told to to write a statement explaining why we were filing....

[sjandsj 2]

I also agree with Harpa and Em_Vandaveer's suggestions to go by the original card's expiry date. However it's your immigration at stake in the end and we're all stating what we think is right. Your best bet is to make an appointment at your local USCIS field office and discuss this directly with an immigration officer. The customer service on the phone are usually not immigration officers and are known to provide erroneous information so I wouldn't rely on them for something so crucial.

This was posted as experience on another thread. It appears to be similar situation as yours. I suggest: Oct2014+ 24-months - 90days = File ROC

USCIS rule is that you must remove conditions before the end of your 2 yr residency ends, but not more than 90 days before. Usually the expiry date on your green card is exactly 2 years after the residency starts. In my husband's case they had the expire date wrong the 1st time. After we sent it back in to have it corrected they sent it back with another wrong date. The I-751 says to remove conditions no more than 90 days prior to expiration, but they are assuming USCIS put the right date on the card to begin with so this is not always correct. The law is that removal of conditions is based on the date you became an LPR, NOT necessarily the expiration date. We were told we can file up to 90 days before the date he became an LPR and to ignore the expire date. We were also told to to write a statement explaining why we were filing....

I would also file 90 days before your 2 year anniversary of becoming a Permanent Resident. I'd ignore the date of expiration in the card itself. I'm pretty sure that the worst they do if you file too early is reject it without even cashing your check. But if you file too late, there's a chance that they'll deny and you'll have to appeal which would be highly stressful.

EM_Vandaveer posted the best strategy in my opinion.

I would NOT listen to the misinformation line. I'd file according to the original date, attach a letter of explanation. If they send it back, saying you are filing too early, no harm done.

On the other hand, if you file according to the later date & they realize the mistake they may issue an RFE for explanation of late filing. You do have a reason, but I would not risk it.

Thank you everyone for your inputs. I truly appreciate it. I see that the suggestion to consider my 2 year anniversary of residency (as per the original GC) for ROC is quite unanimous. I have time in late July for my 90 day phase to begin and if I can manage to get an infopass appointment with the local USCIS office before that, I will go and talk to an immigration officer. I will in the meanwhile get the paperwork ready to file for ROC as per the date in my original GC. Thanks once again for all your responses!

[caliliving 606]

i agree! it is 2 years since you were a LPR!! not when the expiraiton on your GC is.. USCIS makes mistakes as they have people that are not familiar with what is going on re-issue cards... but it says 'remove conditions within 2 years of becoming a LPR" they know when you became one (it will be in their system) so i really dont think this woul be an issue as well.

[AstroCanada 206]

I'd endorse your current strategy. If for some reason you were to decide to wait until the incorrect expiration date listed on the card, I would make sure you have it in writing from USCIS that this is the correct procedure. You don't want to rely on facts given over the phone if there is a problem later.