RFE for i90 on incorrect dated greencard while waiting ROC

[straddler 12]

Hi All,

 

Am hoping someone has been through something similar or come across a similar scenario before.

 

1. I received a 10yr greencard after AOS in Nov 2020, this should have been a 2yr greencard
2. Summitted a i90 for error made by uscis shortly after in Nov
3. Filed ROC August this year
4. At this point I was hoping they would not respond to i90 until I can get citizenship so can travel without hassle on a unexpired GC
5. Last week received RFE for the i90 to describe issue with the card, due beginning of March
6. My 2yr greencard would have expired last month

 

My main questions are:

 

1. If I respond to the RFE and case is resolved, will they issue me a expired greencard with the correct expiry date (last month) or will it be extended a year based on ROC?
2. Will they issue a greencard at all since its expired and I will have to send back my current one and get stamps in passport to travel?

 

 

[OldUser 5,053]

Very interesting questions! I have no answers to them. However, I would reply to RFE if I was you.

 

That way if you the question about GC comes up during I-751 or N-400, you can demonatrate you did everything on your end to fix USCIS's mistake:

- Filed I-90 for GC with error

- Filed I-751 on time

- Replied to I-90 RFE

 

Were you married less than two years on the Resident Since date in your GC?

[straddler 12]

2 minutes ago, OldUser said:

Very interesting questions! I have no answers to them. However, I would reply to RFE if I was you.

 

That way if you the question about GC comes up during I-751 or N-400, you can demonatrate you did everything on your end to fix USCIS's mistake:

- Filed I-90 for GC with error

- Filed I-751 on time

- Replied to I-90 RFE

 

Were you married less than two years on the Resident Since date in your GC?

Thank you for your response, yes that makes! 

 

Yes we were married less than 2 years at the time i received the GC

[Mike E 11,725]

56 minutes ago, britishstraddler said:

• If I respond to the RFE and case is resolved, will they issue me a expired greencard with the correct expiry date (last month) or will it be extended a year based on ROC?

Because I-751 is filed, I believe your I-90 is null and void.  Note that once I-751 is filed or is due to be field, new I-90 requests are not processed. 
 

 

Quote

 

• Will they issue a greencard at all since it’s expired and I will have to send back my current one and get stamps in passport to travel?

 I don’t believe so.  
 

If you are ordered  to return the 10 year gc, attempt to schedule an info pass to get an I-551 stamp before returning.  

 

 

 

Edited December 8, 2022 by Mike E

[Chancy 6,233]

57 minutes ago, britishstraddler said:

Will they issue a greencard at all since its expired and I will have to send back my current one and get stamps in passport to travel?

 

GCs are either 2-year or 10-year.  If USCIS even issues a corrected card to resolve your I-90 (unlikely), yours will be a 2-year (expired) card.  Hopefully, the I-90 you filed nudged USCIS to process your I-751 and approve it without interview 🤞  But don't bet on it if you need to travel internationally soon.  I agree with @Mike E's suggestion -- book an InfoPass appointment for an I-551 stamp before you return the plastic GC.

 

[straddler 12]

If anyone else finds themselves in this situation; after i responded to the RFE my case was denied due to the pending ROC case. 

[OldUser 5,053]

22 minutes ago, britishstraddler said:

If anyone else finds themselves in this situation; after i responded to the RFE my case was denied due to the pending ROC case. 

Thank you for the info. So you're saying you still have a 10 year GC card in your possession? And 24 month extension letter in addition?

[straddler 12]

10 minutes ago, OldUser said:

Thank you for the info. So you're saying you still have a 10 year GC card in your possession? And 24 month extension letter in addition?

Yes correct, I have both