Notice of Potential Interview Waiver Case

[ethomps 16]

It just seems inconceivable that you can go directly to a 10 yr GC without an interview...just thinking out loud...

Yeah, that seems a bit unusual, unless it was on a IR1/CR1 maybe-- but since the K-1 is a non-immigrant Visa, I find it hard to believe there wouldn't be some sort of interview.

[shell20 746]

If a 10yr GC is possible after 2 yrs marriage, as it apparently true in my research though nothing on USCIS site to my reading; then you know they could hold us out to 1 yr 364 days just to screw us...

Of course they will can, that's why they told one of our fellow poster, it could take up to two years. They know it will delay everything else and they know they have the power to do that and they seem to get high with their power rush!

However, they only have power as we give them that by letting them get away with things like this. Hence we should lobby who we can to make them aware of what is going on and so the line can be drawn with this bad behaviours' from USCIS.... sooner rather than later!

[nlherman 36]

Yeah, that seems a bit unusual, unless it was on a IR1/CR1 maybe-- but since the K-1 is a non-immigrant Visa, I find it hard to believe there wouldn't be some sort of interview.

The USCIS fact sheet does not mention anything but a 2 yr conditional GC for K-1 AOS:

http://www.uscis.gov/news/fact-sheets/information-legal-rights-available-immigrant-victims-domestic-violence-united-states-and-facts-about-immigrating-marriage-based-visa-fact-sheet

[Derwood 203]

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Remove Conditions on Permanent Residence Based on Marriage

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.

[shell20 746]

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Remove Conditions on Permanent Residence Based on Marriage

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.

And this which says the 2nd anniversary of approval. http://www.uscis.gov/tools/glossary/conditional-resident

[MovinOn 32]

The USCIS fact sheet does not mention anything but a 2 yr conditional GC for K-1 AOS:

http://www.uscis.gov/news/fact-sheets/information-legal-rights-available-immigrant-victims-domestic-violence-united-states-and-facts-about-immigrating-marriage-based-visa-fact-sheet

Huh, your right about the 2 yr for K-1.

Did you pay attention to Q7.A7 second paragraph states:

"If you have been married more than 2 years when your Form I-485 is approved, you will receive permanent residence status from USCIS. On that date you will no longer be dependent on your U.S. citizen spouse for immigration status."

So does this mean that if you get a green card after two years of marriage then you get the 10 yr GC? Did I take that the wrong way?

[MovinOn 32]

My head hurts now lol

[shell20 746]

Huh, your right about the 2 yr for K-1.

Did you pay attention to Q7.A7 second paragraph states:

"If you have been married more than 2 years when your Form I-485 is approved, you will receive permanent residence status from USCIS. On that date you will no longer be dependent on your U.S. citizen spouse for immigration status."

So does this mean that if you get a green card after two years of marriage then you get the 10 yr GC? Did I take that the wrong way?

Yes if they dont issue the GC before the 2 years is up then you get a 10 year GC, which probably happened in the case of the person who received the 10 year card. The only thing I didn't get about it was they had no interview to show they had been living together for 2 years, unless of course they sent a lot of evidence for AOS. They got lucky I guess and I am now wondering if they can apply for naturalisation?

[MovinOn 32]

You guys already know that our EAD/AP renewal was sent to the wrong address and not the Chicago lockbox as directed and to be redirected and still have not recieved anything on the AP (hopefully they will just connect both as my attorney says they will) We received the bio appointment notice and it was post marked from the Phoenix Arizona office. I thought that was odd because they direct you to send renewals to Chicago.

Also, had a dream that our file was in San Diego office. lol

Edited March 18, 2015 by MovinOn

[MovinOn 32]

Yes if they dont issue the GC before the 2 years is up then you get a 10 year GC, which probably happened in the case of the person who received the 10 year card. The only thing I didn't get about it was they had no interview to show they had been living together for 2 years, unless of course they sent a lot of evidence for AOS. They got lucky I guess and I am now wondering if they can apply for naturalisation?

I don;t know. USCIS seems to be all over the place, no rhyme or reason most of the time. It is very easy for some people to make mistakes because things are not entirely clear.

[Derwood 203]

After 3 years of GC you can apply for citizenship, so even if ROC took over a year you could I assume apply for citizenship even while ROC is still in process...

I think that you've got to be a permanent resident for 3 years AND still married to the same US citizen.

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization

[MovinOn 32]

Is anyone leary, at this stage that some of us are in, to go on a vacation? We were planning on traveling at the end of March to go see my oldest daughter. But, we postponed it until June because I was nervous we would miss an appt and/or a time sensitive document (RFE). Then sure enough we received a bio appt for March 23rd, we would have been half way across the country by then. But when we planned this trip we thought for sure the GC would have come by now. Keeps your life on hold. How can you prove a relationship with pictures and such when you are confined to your home? huff

Edited March 18, 2015 by MovinOn

[Anna&Adam 0]

But what I'm saying is:

March 16th - Card ordered for production

March 16th - Mailed you Welcome notice

March 18th - Card ordered for production

Maybe you're right and I'm just being paranoid, I don't think i'll be truly convinced till I have the card in my hand

If it helps, my USCIS emails/webpage says:

03/09: Registered permanent status and mailed Welcome notice

03/11: Ordered new card to be produced

03/18: Mailed your new card

I'd say the first message was wrong, cos then your timing matches mine.

According to my snail mail checker, as of three hours ago I still had no mail from the USCIS. No welcome notice, not even a response to the biometrics reschedule (obviously now moot) that I overnighted on March 4th. Does get a little worrying. Also, so no sign of any tracking number for the card apparently in the mail...

- I was almost ready for a rant last week when you (and others) kept mentioning all the text messages you were getting. Then remembered I'm not going to get them in Oz. Oops!

[Anna&Adam 0]

Is anyone leary, at this stage that some of us are in, to go on a vacation? We were planning on traveling at the end of March to go see my oldest daughter. But, we postponed it until June because I was nervous we would miss an appt and/or a time sensitive document (RFE). Then sure enough we received a bio appt for March 23rd, we would have been half way across the country by then. But when we planned this trip we thought for sure the GC would have come by now. Keeps your life on hold. How can you prove a relationship with pictures and such when you are confined to your home? huff

That is/was my problem. I booked this trip in May, thinking a year was plenty of time for a GC (rolls eyes).

Feb 23rd-27th I'm out of town, receive two NOA (EAD/AP), and a Vaccination request.

Feb 28th-Mar6th I'm in town, complete vaccinations, receive Biometrics for Mar 11th, and send both vaccinations and Bio reschedule.

Mar7th-21st I'm overseas, GC approved, produce and sent, but apparently zero physical correspondence.

For the previous 10 months I never left Los Angeles. Clearly the answer is to offer the temptation to the USCIS of not being there to collect your mail...

[shell20 746]

You guys already know that our EAD/AP renewal was sent to the wrong address and not the Chicago lockbox as directed and to be redirected and still have not recieved anything on the AP (hopefully they will just connect both as my attorney says they will) We received the bio appointment notice and it was post marked from the Phoenix Arizona office. I thought that was odd because they direct you to send renewals to Chicago.

Also, had a dream that our file was in San Diego office. lol

sounds like your case must has gone there and probably due to be assessed! Fingers crossed for you!