Skipping conditional PR by timing interview

[nitai 0]

Hi All...

I got married on October 6, 2011 in USA and been living here on valid student visa before and after that.

Here is my predicament...

1) If I get approved before October 6, I would get a conditional PR for two years. In that case, can I apply I 751 any time after October 6, 2013 to remove condition or I would have to wait until 2015 to remove condition?

2) What is the date USCIS would consider when deciding which PR to grant, two year or ten year? The date of the interview? Or the date when the take decision and order the green card? Or some other date that they process the paperwork?

What would be the smart strategy in this case? Should I try to slow down and try to reschedule the interview so that it falls after October 6? Or if it is close to that date but before it, just go ahead and request a 10 year card instead of two years? If I get approved on same day, then I am not sure they would entertain such a request.

In the long term I am thinking it would be beneficial for me since I am so close to completing two years to marriage, that it is worth getting 10 year green card than two year one. That avoids me dealing with the hassle in two years or two months depending on when I can apply to remove PR.

It seems I may have applied one month early than I should have. I want to get over the process asap too, but contemplating if I should pray for it too move a tad bit slow, but not too slow and certainly not with hiccups lol...

Would appreciate if you have any thoughts ...

Thanks

[Hypnos 6,578]

Are you applying for an immigrant visa or adjustment of status?

You posted in the IR-1 / CR-1 forum, but your post indicates that you're in the US already.

[nitai 0]

Yes I am applying for adjustment of status. Sorry if I posted in wrong forum. Will lookup and move the post there.

Thanks

[nitai 0]

Hi All...

I got married on October 6, 2011 in USA and been living here on valid student visa before and after that.

Here is my predicament...

1) If I get approved before October 6, I would get a conditional PR for two years. In that case, can I apply I 751 any time after October 6, 2013 to remove condition or I would have to wait until 2015 to remove condition?

2) What is the date USCIS would consider when deciding which PR to grant, two year or ten year? The date of the interview? Or the date when the take decision and order the green card? Or some other date that they process the paperwork?

What would be the smart strategy in this case? Should I try to slow down and try to reschedule the interview so that it falls after October 6? Or if it is close to that date but before it, just go ahead and request a 10 year card instead of two years? If I get approved on same day, then I am not sure they would entertain such a request.

In the long term I am thinking it would be beneficial for me since I am so close to completing two years to marriage, that it is worth getting 10 year green card than two year one. That avoids me dealing with the hassle in two years or two months depending on when I can apply to remove PR.

It seems I may have applied one month early than I should have. I want to get over the process asap too, but contemplating if I should pray for it too move a tad bit slow, but not too slow and certainly not with hiccups lol...

Would appreciate if you have any thoughts ...

Thanks

[Hypnos 6,578]

A mod will get around to moving your post eventually.

Since we're talking about AoS, then it's the date upon which USCIS approve your application which determines whether you receive a 10-year or 2-year green card. Often your interview date and decision date are the same.

In the long run it's usually worth it to stall in some way to make sure your interview date takes place on or after your two year wedding anniversary, since as you say it removes the need for having to file for RoC down the line.

Edited May 6, 2013 by Hypnos

[reasonable86 0]

Wow this is quite the hypo. So just to clarify before I take a crack at your problem: you didn't file anything with USCIS after you're marriage? Meaning in the eyes of the US gov't you're still single? And what type of student visa are you here under? (F, J, etc.)

[nitai 0]

Wow this is quite the hypo. So just to clarify before I take a crack at your problem: you didn't file anything with USCIS after you're marriage? Meaning in the eyes of the US gov't you're still single? And what type of student visa are you here under? (F, J, etc.)

Yes you are right. I did not file anything after marriage. I am on F1 visa so I do not need to go back. Then as I filed it in April thinking the process would take few months so I would have my GC ready when I graduate in December. It seems I may have miscaculated the timing. I think I may be the only one praying for process to go a bit slow ... lol...

[nitai 0]

Thanks Hypnos for replying. I tried to figure out how to remove a topic but could not do it. Usually the interview date and approval date are the same, but in some cases they do not approve it the same day and tell that they will let you know the decision. Often in some cases this can go for weeks or months as I have read on forums in some cases. I think the problem for me would be if I get a date sometime in mid or late Septmeber. You are right, I would have to figure out a way to reschedule interview date if it is earlier.

[Penguin_ie 5,997]

**** Moving from CR-1 spousal visa forum to AOS from Student Visa forum and merged with topic posted in AOS from Family Visa forum ****

Edited May 6, 2013 by Penguin_ie

[Morningmist 76]

I would slow it down. Why don't you just send the paperwork on October 6th. Also you can just apply for the EAD for AOS and no need for the OPT EAD. By the time you get the AOS EAD it will be around the same time you would have received the OPT EAD. Your 10 year GC will be permanent too and you wont have to go through the whole ROC #######.

[nitai 0]

I would slow it down. Why don't you just send the paperwork on October 6th. Also you can just apply for the EAD for AOS and no need for the OPT EAD. By the time you get the AOS EAD it will be around the same time you would have received the OPT EAD. Your 10 year GC will be permanent too and you wont have to go through the whole ROC #######.

The problem is that I have already sent my I 130, I 485, I 751, I 864, I 693 everything on April 22, 2013. I have received receipts with MSCxxxxx numbers.

Good to know that though it is the interview date that would be approval date. I will get my AOS EAD soon and then figure out a plan to have the interview in October if it comes in early.

[Hypnos 6,578]

It's not always the interview date is the approval date, sometimes they will say they need to review your case, which can take days, weeks, or (rarely) months.

You may want to investigate rescheduling your interview once you receive the date, since it's likely it will fall before October.

[nitai 0]

That is what I thought earlier too. If they review my case after interview and don't order GC production same day, then when they do order, would they consider interview date or the day they finish their review and approve as the date for issuing GC. In either case, it is not desirable to wish that you don't get approved on same day of interview, and it it not worth taking chance that if your interview date is before two year anniversary, but approval date will be after that.

I guess it is safe to assume that if my interview date falls even a single day before October 6, there is a good chance that I would get a conditional GC. I will just have to figure out a strategy to avoid taking that chance. Thanks for your input.