In the process of GC replacement, have I-155 stamp that will expire in October. Can I apply for ROC with this stamp?

[Louiseagnazata 0]

Hello, was wondering if anyone had an experience about filing an ROC with the I-155? My GC was already given to me but it had the wrong middle name, it was sent Jan 2021 and I still don’t have it till now. Kept calling and they said its not outside the normal processing times, I’m sure the lady said I can file ROC before the stamp expires but now I can’t find this information online. I wanna know if anyone experienced this? Thanks

[Mike E 11,723]

7 minutes ago, Louiseagnazata said:

Hello, was wondering if anyone had an experience about filing an ROC with the I-155? My GC was already given to me but it had the wrong middle name, it was sent Jan 2021 and I still don’t have it till now. Kept calling and they said its not outside the normal processing times, I’m sure the lady said I can file ROC before the stamp expires but now I can’t find this information online. I wanna know if anyone experienced this? Thanks

If you had a two year green card you must file I-751 90 to zero days before the two year anniversary of the “resident since” date of the green card.  There is no leeway here.  
 

If by I-155 stamp you mean I-551 stamp then whether it expires or not has no bearing on when you can file I-751. 

Edited June 21, 2022 by Mike E

[Mozillaman 3]

If you had a conditional 2 year permanent residency, it's valid for 2 years from when it was issued. If you entered on a CR-1 visa, then 2 years from the date you actived the visa is the expiry date. If you have a stamp in your passport beside your CR-1 visa, that stamp is a temporary I-551 for 1 year, if it expires while waiting for your replacement green card you're still in status, just that proof of status is expired. You can't ask for removal of conditions until 1 year and 9 months after your 2 year conditional status began.

 

IF it has been 1 year and 9 months since your conditional status began, then yes, file before the 2 year mark with whatever you have and they'll issue an ROE for your replacement green card if needed. 

Edited June 21, 2022 by Mozillaman
clarity

[da95826 387]

17 minutes ago, Louiseagnazata said:

I can file ROC before the stamp expires but now I can’t find this information online.

File your i751 package within 90 days of the expiration date of your original green card 2 years after the conditional green card was issued. Your i551 stamps have no bearing on when you file the i751 to remove the conditions on your green card.

 

So you need to file a joint i751 application package the i751 form, bona fide marriage evidence, and the filing fee sometime in October of 2022 or later within 90 days of the expiration date in January 2023 on your original green card. Nothing else changes the filing date required for a joint i751 filing date however, a waiver i751 cases can be filed at any time.

[Crazy Cat 39,324]

6 hours ago, Mozillaman said:

IF it has been 1 year and 9 months since your conditional status began,

This is not correct.  The window opens 90 days prior to the expiration....not 3 months. 

Edited June 21, 2022 by Crazy Cat