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MrsPresson.com | I-129F Petition, K1 Fiance(e) Visa, AOS Guides
MrsPresson.com | I-129F Petition, K1 Fiance(e) Visa, AOS Guides

I-751 Removing of Conditions (ROC) Process Walkthrough

By Erika Presson
Last Updated: February 16, 2016


READ THESE IMPORTANT NOTES BEFORE SCROLLING DOWN TO THE ARTICLE:

  • The reader has the DUTY/RESPONSIBILITY to verify information from the aforementioned government agencies on their own - Not through hearsays, forums, or blogs (YES, including this blog). Please read my disclaimer here.
  • Make sure you've read ALL the articles under the "Immigration" Menu up top, because I've written and covered all pertinent information about the whole I-129F/K1/AOS/ROC Processes.
  • Search through Frequently Asked Questions about the whole process from I-129F - K1 Visa - AOS - ROC and other processes. Read about the KnowledgeBase here »
  • The articles found on this blog are applicable to all I-129F Petitions, K1 Visa Applicants, AOS (from a K1 Visa), and ROC applicants unless otherwise noted. The I-129F Process and AOS is the same for all foreign beneficiaries/spouses. Some K1 Visa Process articles are written specifically for applicants from the Philippines. Please refer to your country's U.S. Consulate/Embassy website for country-specific instructions.


As previously discussed, I-751 Removing of Conditions (ROC) is very important because this process will allow you to continue to be a Permanent Resident in the US for the next 10 years.

After a successful I-751 Petition (ROC), the applicant will be granted a 10-year Permanent Residency Card or otherwise known as the “10-Year Green Card”.

Below, I will summarize the entirety of the I-751 Petition to Remove Conditions on Residence (ROC) process for everyone so that you all know what to expect when the time comes. You must note though, that at any point after sending in your ROC Package, USCIS may do the following:

  • Send you a Request for Evidence (RFE) if you fail to include any of the documents they require, or improperly accomplish forms. (Or at times, misplaced documents, that is why you need to prepare a duplicates of your documents just in case.)
  • Send you correspondence/updates through mail. Email/SMS Text alerts happen when you sign up on USCIS Website’s Case Status Tool, and update it with your USCIS Receipt Number found on your I-797C / NOA1.

 

The whole I-751 Removing of Conditions (ROC) Process can be summarized in 10 Steps.

 

  1. Receive USCIS Notice in the mail (~120 days prior to GC expiry) reminding you that you must file the I-751 Petition to Remove Conditions on Residence.
  2. Gather your documents for your ROC Package.
  3. Send in your documents and wait for correspondence from USCIS (I-797 / Notice of Action / NOA1)
  4. Wait for your Biometrics Appointment in the mail.
  5. Show up for your Biometrics / USCIS ASC Appointment.
  6. Wait for further correspondence: Status Updates / Interview Schedule / RFE’s
  7. Gather necessary documents for the ROC Interview.
  8. Show up for your ROC Interview.
  9. Wait for your 10-year I-551 Permanent Residency / Green Card in the mail.
  10. Review your rights, responsibilities, and obligations as a Permanent Resident.

My Complete Timeline is available here: Mrs. Presson’s I-129F, K1 Visa, AOS, ROC Timeline »

 

NOTE: The Conditional Permanent Resident (CPR) must apply for I-751 Petition to Remove Conditions on Residence within 90 days of Green Card expiry. Failure to do so will result in termination of Permanent Residency and removal from the United States. Please read this page thoroughly.

 

Where do I track my Application / Case Status?

You are supposed to use the USCIS My Case Status Tracker tool.

Please read this article: USCIS Case Status Tracking »

 

***

 

1. Receive USCIS Notice in the Mail (~120 days prior to GC expiry) reminding you that you must file the I-751 Petition to Remove Conditions on Residence.

USCIS will send a notice to the address they have on file that you are required to file for I-751 Petition to Remove Conditions on Residence. This is usually delivered within 120 days of your Green Card expiry date. That’s about a month away from the 90-day filing window.

IMPORTANT NOTE: You must remember, you can only file your I-751 Petition WITHIN 90 days of your Green Card’s expiry. If you submit your petition earlier than 90 days, your petition will be returned to you.

 

USCIS I-751 Notice - Petition to Remove Conditions on Residence | Hello again, USCIS! I know it's time to file my I-751 | ©2015 - onwards, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

USCIS I-751 Notice – Petition to Remove Conditions on Residence | Hello again, USCIS! I know it’s time to file my I-751 | ©2015 – onwards, USCIS.gov, Life As Mrs. Presson (www.mrspresson.com)

 

 

2. Gather your documents for your ROC Package.

I’ve started collecting documents since 2013 since I’m already aware that all documents required for Removing of Conditions would date back from the start of marriage until the present date. This is also mentioned on the notice above.

“The evidence you submit should cover the duration of the marriage.”

USCIS, Department of Homeland Security
I-751 Notice

The I-751 instructions also indicates:

“Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date.”

USCIS, Department of Homeland Security
USCIS I-751 Instructions PDF, Page 5 of 10
https://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

 

USCIS I-797 Removing of Conditions Instructions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. USCIS, DHS, Life As Mrs. Presson (www.mrspresson.com)

USCIS I-797 Removing of Conditions Instructions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. USCIS, DHS, Life As Mrs. Presson (www.mrspresson.com)

 

It is also important to note that the instructions say “The documents SHOULD INCLUDE, but are not limited to…” and then lists down document you SHOULD include. These are the minimum requirements needed.

 

Removing of Conditions (ROC) Requirements and Documentation | I-751 Petition to Remove Conditions on Residence | ©2016, onwards. Life As Mrs. Presson (www.mrspresson.com)

Removing of Conditions (ROC) Requirements and Documentation | I-751 Petition to Remove Conditions on Residence | ©2016, onwards. Life As Mrs. Presson (www.mrspresson.com)

 

3. Send in your documents and wait for correspondence from USCIS (I-797 / Notice of Action / NOA1)

 

Send in your I-751 ROC Package to the designated USCIS Service Center that services your State. THIS IS IMPORTANT.

If you are a resident of the following states, send your I-751 Petition to Remove Conditions on Residence to this USCIS Service Center:

USCIS California Service Center
P.O. Box 10751
Laguna Niguel, CA 92607-1075

  • Alaska
  • American Samoa
  • Arizona
  • California
  • Colorado
  • Florida
  • Guam
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Louisiana
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Mexico
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Washington
  • Wisconsin
  • Wyoming
If you are a resident of the following states, send your I-751 Petition to Remove Conditions on Residence to this USCIS Service Center:

USCIS Vermont Service Center
75 Lower Welden Street
P.O. Box 200
St. Albans, VT 05479-0001

  • Alabama
  • Arkansas
  • Connecticut
  • Delaware
  • Washington, D.C.
  • Georgia
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Mississippi
  • New Hampshire
  • New Jersey
  • New York
  • North Carolina
  • Pennsylvania
  • Puerto Rico
  • Rhode Island
  • Vermont
  • Virginia
  • U.S. Virgin Islands
  • West Virginia

For an updated list of States and their corresponding service centers, please refer to the USCIS I-751 Page found on: https://www.uscis.gov/i-751

 

Sending through USPS Priority Express - I-751 Removing of Conditions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. Life As Mrs. Presson (www.mrspresson.com)

Sending through USPS Priority Express – I-751 Removing of Conditions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. Life As Mrs. Presson (www.mrspresson.com)

 

After sending in your Joint I-751 Removing of Conditions (ROC) Packages, you will wait for correspondence with USCIS. They will send in an I-797 Notice of Action (NOA1) within 2 weeks of receipt of your ROC package:

USCIS I-797 Notice of Action - Removing of Conditions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. Life As Mrs. Presson (www.mrspresson.com)

USCIS I-797 Notice of Action – Removing of Conditions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. Life As Mrs. Presson (www.mrspresson.com)

This I-797 Notice of Action (NOA) will include these information:

 

  • Your Receipt Number – This is only a Receipt Number. Your Case Number will be indicated in your USCIS-ASC Biometrics Letter.
  • Your Reference Number – This is your Alien Number (A-Number).
  • Date and Time Received – The date and time that USCIS received your I-751 ROC Petition / Application
  • Petitioner’s Name – This is you, the Conditional Resident.
  • Amount Received – This is the amount they received as indicated in your Check Payment.
  • Conditional Resident Status ExtensionThis extends your legal presence in the U.S. that goes a year beyond your Green Card’s expiration date. It is important to keep a copy of this NOA1 with you at all times (a photocopy would do) as proof of this extension while your I-751 is being processed.
  • Biometrics Information – You are notified that you will receive mail indicating the schedule of your Biometrics Appointment Date at your nearest USCIS Application Support Center (USCIS-ASC). It is important to note that you MUST wait for your Biometrics Schedule before dropping in the USCIS-ASC Office. No walk-ins.
  • Case Information, I-751 Petition is now known as CRI-89 – When you check your status online, your Petition will be called CRI-89 not I-751.

 

4. Wait for your Biometrics Appointment in the mail.

USCIS I-797C Notice of Action (NOA1) - Removing of Conditions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

USCIS I-797C Notice of Action (NOA1) – Removing of Conditions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

 

This I-797C Notice of Action (NOA1) will include these information:

 

  • Your Receipt Number (Application Number) – This is only a Receipt Number. Your Case Number will be “Application Number 2”.
  • Your Actual Case Number (Application Number 2) – As mentioned above, this is the actual number you use to check your Case Online.
  • Your Reference Number (USCIS A#) – This is your Alien Number (A-Number).
  • Notice Date – The date this biometrics appointment letter was issued.
  • Petitioner’s Name – This is you, the Conditional Resident.
  • USCIS Application Support Center (ASC) – This is where you’re supposed to go for your biometrics appointment
  • Biometrics Scheduled Date and Time – It is important that you show up at this date and time to have your biometrics taken. If you fail to appear on this date and time, your application will be deemed as abandoned.
  • Instructions and Requirements – Follow the instructions carefully. DO NOT BRING ELECTRONICS WITH YOU. Leave it in the car. Bring the following:
    • USCIS Biometrics Appointment Letter / I-797C Notice of Action
    • Form I-551, Permanent Resident Card (Green Card)
    • Your Foreign Passport
    • Other U.S. Government / State-issued ID such as Driver’s License / State ID.

As previously noted, with the “Application Number 2”, you will now be able to check your case online with the USCIS My Case Status Tracker. It will also appear as Form CRI-89 Form not I-751.

USCIS My Case Status | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

USCIS My Case Status | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

 

5. Show up for your Biometrics / USCIS-ASC Appointment

As mentioned above, it is important for you to show up on your specific biometrics appointmate date and time. If you don’t show up, your application will be deemed as abandoned.

Bring your I-797C, Notice of Action / Biometrics Letter with you. This should contain 2 Case / Receipt Numbers as mentioned above. You will need both numbers for this biometrics appointment.

Apart from the I-797C Biometrics Letter, you must also bring the following:

  • Form I-551, Permanent Resident Card (Green Card)
  • Your Foreign Passport
  • Other U.S. Government / State-issued ID such as Driver’s License / State ID.

You will be asked to fill up an Application Information Worksheet before your photo and fingerprints are taken. This will be returned to you after the biometrics capture is complete.

Your appointment letter will also be stamped and signed as proof that you showed up for your scheduled biometrics appointment.

USCIS I-797C NOA Biometrics Letter - Removing of Conditions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

USCIS I-797C NOA Biometrics Letter – Removing of Conditions | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

USCIS Biometrics Application Form | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

USCIS Biometrics Application Form | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

This biometrics appointment can be as quick as 5-10 minutes if there are no lines at the Applications Support Center. (My appointment was at 1:00pm, I was done by 1:10. Our drive from our place to USCIS-ASC St. Paul took longer than my actual biometrics appointment. I kid you not.)

 

6. Wait for further USCIS Correspondence: Status Updates / Interview Scheduling / RFE’s

As previously discussed in all stages, USCIS may or may not send you a Request for Evidence (RFE) or an Interview Schedule Letter.

It is important to keep in track of your Case Number and its status updates. Watch out for updates on your case by signing up for automatic SMS/Email updates with myUSCIS Case Tracker.

 

7. Gather the necessary documents for your ROC Interview

In the I-797C Notice of Action, ROC Interview Notice you will receive in the mail, it will list all the necessary documents you need at the time of the interview. Bring whatever’s necessary. Read your interview notice carefully.

 

8. Show up for your ROC Interview

It is required to have your U.S. Citizen spouse (original petitioner) to be present during the interview if you have filed I-751 jointly as a couple. You both will have to take a day off from work. Bring all the necessary documents as detailed in your Interview Letter, and don’t forget the Interview Notice itself.

If you are divorced, bring the necessary paperwork that proves you entered the marriage in good faith, as well as the divorce paperwork.

Some reminders:

  • Dress appropriately.
  • Bring your Passport, Photo ID’s, Certified Copy of your Marriage Certificate, items listed on your Interview Letter.
  • Show up at least 15 minutes before your designated interview time.
  • If you have documents that are in a foreign language, bring a certified translation.
  • Same as before, do not bring in electronics. Leave them in your car.

 

9. Wait for your 10-year I-551 Permanent Residenct / Green Card in the mail.

You will get notices / alerts from USCIS on the Case Status Tracking that your ROC (I-751/CRI89) Case has been approved. Some skip the interviews like during AOS – and it was what happened to my case. No interview was needed, it just went straight from “Case was Received” to “Card Production”. :)

I-751 / CRI89 - Removing of Conditions (ROC) Approval and Card Delivery | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

I-751 / CRI89 – Removing of Conditions (ROC) Approval and Card Delivery | I-751 Removing of Conditions (ROC) Walkthrough | ©2016, onwards. DHS, USCIS, Life As Mrs. Presson (www.mrspresson.com)

You will get at least 3 notices:

  • When your case switches from the previous status to “Card Production / We have ordered your new card”
  • When your case switches from “We have ordered your new card.” to “My card has been mailed to me.”
  • When your case switches from “My card has been mailed to me.” to “My card has been delivered by the Post Office.” — Only this time they will indicate the Tracking Number for the package/letter containing the 10-year Permanent Resident Card.

A photo posted by Mrs. Presson (@erikapresson) on

10. Review your Rights and Responsibilities as a 10-year Permanent Resident Card Holder.

Congratulations! You are now (again) a Permanent Resident of the United States of America. You can now let out a sigh of relief, and this time, your Permanent Residence is 10 years long!

Meanwhile, read these important items:

Last Reminder: Remember, mark your calendars! During the Ninety (90) days before your 3rd year of Permanent Residence Anniversary (This date is found on your GC), you will be ELIGIBLE for EARLY filing for N-400 U.S. Naturalization / Citizenship, with some conditions of course (Full List of Requirements is on the USCIS Website):

  • You must still be married to your US Citizen Spouse / Original Petitioner for I-129F/K1 Visa.
  • You have been married to your US Citizen Spouse for a minimum of 3 years.
  • You have continued residence in the United States.
  • You have a minimum of 3 months residence in the state you’re currently living in before you apply for naturalization.
  • You have good moral character.
  • You have filed for taxes for 3 years.
  • Other requirements are found on the USCIS Website. Read the instructions and requirements carefully!

 

 



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