cepe86

All right so apologize in advance about kind of reposting something from 2017, but the original post is closed and I’m still feeling somewhat unsure about my situation.

To summarize I received a green card with what looked like my priority date of June printed on the card as my residence since date. Card was received only in November same year. I dutifully applied for a replacement card with a correct date of November but got a letter back claiming the card was correct and the I-90 was denied.

Anyways as suggested back then by people I didn’t try to file N-400 just yet based on the June date on the card but holding off till August (90 days before the November date I still somehow believe is my real residence since date).

All good so far but the N-400 says very specially to write your residence since date as printed on the green card.. what to do to get the least troubles trying to file correctly and hopefully become a citizen eventually, without getting stuff bounced back or getting into an argument with USCIS about this mysterious error.

Noorah101

I don't know how you obtained your green card, but the true date of your PR status is not the date you received the green card in the mail. It's either the date you entered the USA with an immigrant visa, or it's the date USCIS approved your adjustment of status.

Either way, just answer that question directly, with the information they ask for, the date printed on your green card.

Rene

cepe86

My green card was obtained thru EB1C adjustment of status.

The thing is USCIS has claimed my residence since date is my priority date which makes no sense unless you’re a refugee which I’m not. I’m not getting any benefit out this as I’m actually delaying my application based on the day I received my green card rather than the date printed on the card.

I simply do not know what my residence since date is as the only date I have is the one on my green card which is totally odd and I would have become a resident before the primary applicant. My spouse green card arrived in October that year with a residence date matching an accompanying letter of approval which I do not have.

But sure I might be overthinking this just trying to make things smooth for this application. I guess that’s by just answering the questions as asked and bring whatever letter USCIS sent when denying my I-90 and claiming that the priority date being correct and that it’s my residence since date.

S Folinsky

I had this happen to a client around 2013. His I-551 card came quite a while after his adjustment interview showing an adjusted date about a month after the interview. We relied on the card to compute eligibility. When we got to the interview, we discovered the date on the card was wrong making the application “early.” Inasmuch as more than five years had elapsed by the N-400 interview date, the field office actually wanted to approve if I could figure out a reasonable “peg to hang their hat on.” We batted around the issue for 45 minutes and we agreed it couldn’t be done. DHS agreed to refund the filing fee since the premature filing was due to their error. We got expedited processing of the refilling.

Bottom line - the approval stamp in the file controlled, not the date on the card.

cepe86

Is there a way to know or find out what’s on file as the approval date or will that just emerge after filling N-400 and reach the interview stage?

The odd thing in my case is that I reacted prompt and tried to get my card corrected but to no avail. I have a long letter from USCIS denying my claim that the card is wrong and that the early June date is correct :-/ although it should be impossible, as the primary applicant (my spouse) got approved later plus the June date is exactly same as my priority date.

Nutmegger

Why not just wait until a full three years have gone by since the latest possible approval date before you file, making it all moot? You don't have to file the second you become eligible.

cepe86

Im sorry if I didn’t clarify it properly, my green card is not marriage based but obtained along with my spouse thru employment. I believe it’s 5 years minus 90 days that’s the earliest I can file ?

My green card says: Residence since June 2015
Spouse green card (primary applicant) says: Residence since: October 2015

I received the green card: November 2015, no approval letter nothing.
Spouse received green card: October 2015 and approval letter confirming October 2015.

Applied for replacement green card for myself as suggested by lawyer saying my green card is wrong it should say November not June 2015. The reasons why June can’t be right is that it’s exactly the same date as my priority date and it’s before the primary applicants approval date.

Received denial of I-90 claiming June is correct.

My only confusing really is how to fill the question about residence since date when I apply next month, having waited for November minus 90 days to apply rather than June as stated by USCIS.

Rete

I agree with Nutmegger. What is the problem with just waiting until September/October to file the N-400. It is only two months from now and then there will be no issue about your permanent residency date. There is absolutely no way that you will be a USC in time to vote in this election.

Go with the date on the green card which is June 2015 even though it might be incorrect. The only problem is the one you have made up in your mind. At the interview, it can be corrected by the examiner if there is indeed an error.

cepe86

No problem waiting, my worry was solely about filling the form correctly at the appropriate time.

You are right it might be all in my head and all I need to do is to fill the answers asked without overthinking it. It’s probably the danish in me that’s not liking these discrepancies of dates and that I tried rectifying the obvious error at the time with USCIS to no avail.

S Folinsky

BTW, assuming all the information is correct, it may be that your adjustment was prematurely approved in error inasmuch as accompanying or follow to join relatives can’t obtain LPR status before the principle immigrant. If that is the case, DHS takes the position that you never have had lawful residence. Even if the naturalization should be approved, you would be subject to denaturalization. (There is no time limit on that one.)

cepe86

But wouldn’t that have been obvious to them when I filled the I-90 and when I used to go and get ADIT stamps while they processed the I-90 request? They had my green card for a year and then sent it back to me saying it’s correct.

My spouse and I were both in the US and filing adjustment of status at the same time with same priority date. My card did arrive after the primary applicants approval and I believe the lawyers (spouse company ones) received a confirmation of my approval in November a month after my spouse.

Anyways sounds like I might be in troubles even that I tried rectifying any error back then. I can’t really see what I could have done differently at the time.

Nutmegger

Then same comment, with five years substituted for three.

S Folinsky

I did say “may.”

When I was in practice, I learned not to rely 100% on what my clients told me; paperwork really helped. What was the nature of the notice received by the lawyers? Did they receive a “Welcome” letter on an I-797 Notice of Action? If so, what does it say?

The one fact that is known is that a mistake was made somewhere. The nature and possible effect of that mistake is a matter of speculation.

cepe86

That makes sense and I’m sure the information I’m giving is not entirely enough for anyone to really know exactly what’s going on. I appreciate your thoughts and input though.

It was a welcome letter but unfortunately they never sent it to me. I know from the filling of the I-90 the lawyers attached all info including photocopy’s of my spouse green card and approval letter was included with his October approval date.

The response from USCIS after a year waiting was:

"...USCIS records show that your date of entry is June X 2015, The date of notice November X is not considered an approval date..." and thus im not eligible for a replacement card.

A very odd reply considering I was already in the US and didn’t enter but was in L2 status since January 2015 and now adjusting status.

It’s not that I need to apply for citizenship but I would like to stay with my spouse and keep living in the US like I have for the last + 4 years :-(.

petitefrancaise

Agree with Rete.
You have the green card and the letter from USCIS saying that the date on your card is the correct one.
Use that date and apply for the citizenship at the same time as your wife is eligible.