1.When to file ROC (removal of conditions)

[vj33 0]

My spouse got their green card at around September 2021. It should have been a 2 year green card but got a 10 year green card instead, filed I90 to get it corrected, still in process after 9 months. When is the filing date for ROC ? What if this I90 is still processing by the time ROC is sent out?

[Crazy Cat 41,981]

You can file 2 years after the date she became a legal resident minus 90 days.  Do not file earlier than that.

 

***moved to Removing Conditions on Residency***

Edited October 23, 2022 by Crazy Cat

[da95826 387]

30 minutes ago, vj33 said:

My spouse got their green card at around September 2021

Check the start date on the green card issued, add 2 years to that date which will be in September 2023. You would be required to file a joint i751 application WITHIN the 90 day period before that September 2023 date. You will file some time in June, July, August, or September 2023. Do not file the joint i751 application even one day too early and don’t file after that September date or you will be filing late.

[vj33 0]

10 minutes ago, da95826 said:

Check the start date on the green card issued, add 2 years to that date which will be in September 2023. You would be required to file a joint i751 application WITHIN the 90 day period before that September 2023 date. You will file some time in June, July, August, or September 2023. Do not file the joint i751 application even one day too early and don’t file after that September date or you will be filing late.

Thanks a lot for the elaborate answer. Any idea how the I90 might work into it,if not processed by 90 day period of filing ROC?

[da95826 387]

32 minutes ago, vj33 said:

Thanks a lot for the elaborate answer. Any idea how the I90 might work into it,if not processed by 90 day period of filing ROC?

If the i90 is still pending and you don’t your conditional green card in time, I would include a copy of your i90 receipt notice, your i485 approval notice or the CR1 visa stamp date in passport (date of entry to USA), photocopy of front and back of the defective 10 year green card, copy of your marriage certificate, and an explanation in the cover letter explaining you received the 10 year green card in error indicating you marriage date and LPR start date and you are awaiting your conditional green card to be issued included with your i751 application.

[Mike E 11,740]

The I-90 will likely never be approved nor does it matter.  

Rarely USCIS insists it made no error and denies the I-90 and I-751.  I’ve only seen one such case.  
 

https://www.visajourney.com/timeline/profile.php?id=15520

 

Usually this error gets caught by N-400, but as you can see from the above, not always.  Neon red is well past the recession deadline.  
 

File I-751 on time.  
 

I don’t know why USCIS continues to give 10 year and 2 year green cards in error.  

[Scandi 4,168]

Does USCIS/lockbox reject the petition if the system shows ROC isn't applicable, ie the system shows that there isn't a conditional residency? Just thinking if that could become an issue possibly.

[bakphx1 789]

10 hours ago, Crazy Cat said:

You can file 2 years after the date she became a legal resident minus 90 days.  Do not file earlier than that.

 

***moved to Removing Conditions on Residency***

Having seen others post, some thought 91, 92 or 93 days early was close enough and got it back.  Just stressing the 90-day window is absolute.

[bakphx1 789]

21 minutes ago, Scandi said:

Does USCIS/lockbox reject the petition if the system shows ROC isn't applicable, ie the system shows that there isn't a conditional residency? Just thinking if that could become an issue possibly.

I’m not sure of a scenario that this would apply.  Do you mean someone filing an I-751 for someone who doesn’t have a CR visa?  
 

The lockbox just takes and distributes the packets.  If they go to process this and can’t find a matching CR case, then it would either be returned or get a request for info.  Normally a copy of the CR green card is attached as a part of the packet. I don’t recall seeing this situation unless I misunderstood.

[Scandi 4,168]

10 minutes ago, bakphx1 said:

I’m not sure of a scenario that this would apply.  Do you mean someone filing an I-751 for someone who doesn’t have a CR visa?  
 

The lockbox just takes and distributes the packets.  If they go to process this and can’t find a matching CR case, then it would either be returned or get a request for info.  Normally a copy of the CR green card is attached as a part of the packet. I don’t recall seeing this situation unless I misunderstood.

The lockbox people are also the ones who reject petitions ("return" petitions to the sender). My question is, since OP received a 10 year greencard, it is very possible that the USCIS system shows that an ROC is not needed as this person isn't a conditional greencard holder (in the system), would that make the lockbox people reject the petition? 

Edited October 24, 2022 by Scandi

[vj33 0]

2 minutes ago, Scandi said:

The lockbox people are also the ones who reject petitions ("return" petitions to the sender). My question is, since OP received a 10 year greencard, it is very possible that the USCIS system shows that an ROC is not needed as this person isn't a conditional greencard holder (in the system), would that make the lockbox people reject the petition? 

Spouse is not a CR visa case, they adjusted from K1 visa AOS and wrongful got issued 10 year green card instead of correct 2 year one.

[bakphx1 789]

4 minutes ago, Scandi said:

The lockbox people are also the ones who reject petitions. My question is, since OP received a 10 year greencard, it is very possible that the USCIS system shows that an ROC is not needed as this person isn't a conditional greencard holder (in the system), would that make the lockbox people reject the petition? 

You are right-I live in a lockbox city that is also a USCIS location-so I didn’t think the lockbox even opened packets.  I’m also embarrassed to say I missed that point about the 10 year GC by reading the title. And skimming.

 

Normally that issue is reported when the GC is received, so if it’s not reported or was reported and never corrected you’re right that creates a processing issue.

 

 

[vj33 0]

47 minutes ago, Scandi said:

Does USCIS/lockbox reject the petition if the system shows ROC isn't applicable, ie the system shows that there isn't a conditional residency? Just thinking if that could become an issue possibly.

Could that be an issue? Anyone with similar experience?

[bakphx1 789]

8 minutes ago, vj33 said:

Spouse is not a CR visa case, they adjusted from K1 visa AOS and wrongful got issued 10 year green card instead of correct 2 year one.

My apologies-the standard question in your heading is frequent and I replied without understanding your situation.  Did you report the error before?  

[vj33 0]

Just now, bakphx1 said:

My apologies-the standard question in your heading is frequent and I replied without understanding your situation.  Did you report the error before?  

We have filed the I90 to get it corrected. For the wrong green card. Is that what you mean?