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RamonGomez

Applying for stepchild and spouse ROC

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Country: China
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My wife's 90 day window for ROC opens up mid February (adjusted from B2 visa).

 

My stepdaughter's 90 day window for ROC opens up November (she later came on a CR2 visa).

 

However, I now see this on the USCIS website:

 

image.png.21631a8121e30f6ab023f19c4e6d7f7b.png

 

The second row implies that I can file for my stepdaughter's ROC anytime. Does this mean I can send in both applications together? I know I can't use one application for both of them, but my understanding is that if my wife gets the 10-year card, my stepdaughter's conditional status will automatically be lifted as well.

 

This is a bit confusing. Has anyone gone through this situation before?

 

 

Edited by RamonGomez

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On 2/5/2021 at 2:27 PM, RamonGomez said:

My wife's 90 day window for ROC opens up mid February (adjusted from B2 visa).

 

My stepdaughter's 90 day window for ROC opens up November (she later came on a CR2 visa).

 

However, I now see this on the USCIS website:

 

image.png.21631a8121e30f6ab023f19c4e6d7f7b.png

 

The second row implies that I can file for my stepdaughter's ROC anytime. Does this mean I can send in both applications together? I know I can't use one application for both of them, but my understanding is that if my wife gets the 10-year card, my stepdaughter's conditional status will automatically be lifted as well.

 

This is a bit confusing. Has anyone gone through this situation before?

 

 

 

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I had same situation. I filed my I 751 and included my kids on my application. But I didn’t know that I can’t include my kids on my application, because they got their green cards 5 months after mine. So I resubmitted for my kids later. I had interview last month and was approved same day. And immigration officer said usually they are approving kids application after parent is approved. And I am waiting my kids approvals now. Good luck you! 

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Country: China
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14 minutes ago, Dite2015 said:

I had same situation. I filed my I 751 and included my kids on my application. But I didn’t know that I can’t include my kids on my application, because they got their green cards 5 months after mine. So I resubmitted for my kids later. I had interview last month and was approved same day. And immigration officer said usually they are approving kids application after parent is approved. And I am waiting my kids approvals now. Good luck you! 

Thanks for this information.

 

I believe the window is 90 days to include kids on a single application. I was wondering if I can include 2 separate applications (and two separate fees) in a single mailing to USCIS.

 

According to the image I posted (directly from the USCIS website), it seems like kid's ROC can be submitted anytime.... so so confusing. I

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2 minutes ago, RamonGomez said:

Thanks for this information.

 

I believe the window is 90 days to include kids on a single application. I was wondering if I can include 2 separate applications (and two separate fees) in a single mailing to USCIS.

 

According to the image I posted (directly from the USCIS website), it seems like kid's ROC can be submitted anytime.... so so confusing. I

I don’t know if you can send kid’s application early. I just wanted to share my situation. But I think you can try it. But you may get your stepchild’s application back. When I sent mine with kids, uscis accepted it, fees were waved and we had our biometrics done. But after 18 months waiting I got a latter that kids can’t be included in same application and requested me to submit separately for kids. Because all these I had to wait 28 months for my interview. So I told all this because it may helps you to choose what to do. Anyway I think you can send for kid now, but if they don’t accept it they will send you back with payment, you don’t lose anything. 

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Country: China
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11 hours ago, Dite2015 said:

I don’t know if you can send kid’s application early. I just wanted to share my situation. But I think you can try it. But you may get your stepchild’s application back. When I sent mine with kids, uscis accepted it, fees were waved and we had our biometrics done. But after 18 months waiting I got a latter that kids can’t be included in same application and requested me to submit separately for kids. Because all these I had to wait 28 months for my interview. So I told all this because it may helps you to choose what to do. Anyway I think you can send for kid now, but if they don’t accept it they will send you back with payment, you don’t lose anything. 

Seems that the safest thing to do would be to send them separately... I got this from the USCIS website: "Your child must file a separate Form I-751 if they received conditional permanent resident status more than 90 days after you did."

 

I think the safest course of action would be to send my wife's ROC this week, and then file the stepchild petition later.  I was thinking I could include two separate applications in one mail, but who knows what USCIS will.

 

And yikes... 28 months!

 

Thanks for sharing your experience.

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