Notice of Potential Interview Waiver Case

[nlherman 36]

It will be 7 months from NPIW letter and nothing is moving. Service requests, Congressman (dont even hear anything from him), and Ombudsman (still waiting) dont even help. My local office is processing May 16, 2014 which is 2 months after I filed. I dont really bother to call them anymore and I just hope my file is somewhere and get approved after 2 years of marriage so I dont have to do ROC.

Oh you know that would be too convenient, they'll most likely approve it the day before your second wedding anniversary forcing you to do ROC.. anything to cause us stress

Im curious about that is ROC for when you have been married 2 years or does it go from the day (you eventually, one day, sometime in the future when the Jupiter collides with Mars and the 2nd coming happens) get the first green card? Sorry couldn't resist that tad retort about the length of time that AOS takes!

I'm pretty certain its from the date of your green card to be honest, which is what makes all this waiting worse, it makes everything delayed in the long run..

Hate to say it guys but my immigration attorney (many years of practice) told us that permanent resident status and the clock to ROS and naturalization starts from the date on your GC - the date it is approved and not your wedding date. We had this false assumption as well. No matter what, you will be going through the ROS process 2 years after you finally get it. That is why this wait and the GC's obtained early through interview are so maddening. My wife cannot petition her over 18 y/o son until she has a GC. Life is literally on hold...

[Anonymous885 44]

Hate to say it guys but my immigration attorney (many years of practice) told us that permanent resident status and the clock to ROS and naturalization starts from the date on your GC - the date it is approved and not your wedding date. We had this false assumption as well. No matter what, you will be going through the ROS process 2 years after you finally get it. That is why this wait and the GC's obtained early through interview are so maddening. My wife cannot petition her over 18 y/o son until she has a GC. Life is literally on hold...

I understand that 2 years from the date that appears on GC, but they would issue you a 10 years GC if you married more than 2 years of marriage instead of conditional GC?

[tcgator 1]

Hate to say it guys but my immigration attorney (many years of practice) told us that permanent resident status and the clock to ROS and naturalization starts from the date on your GC - the date it is approved and not your wedding date. We had this false assumption as well. No matter what, you will be going through the ROS process 2 years after you finally get it. That is why this wait and the GC's obtained early through interview are so maddening. My wife cannot petition her over 18 y/o son until she has a GC. Life is literally on hold...

At this point I almost hope they take another year (sarcasm, maybe?) on our case so we can just get the 10 year GC instead of conditional one.

It's so frustrating! They have no idea how much they are affecting our life plans and how much depends on the timing of receiving this card.

[nlherman 36]

I understand that 2 years from the date that appears on GC, but they would issue you a 10 years GC if you married more than 2 years of marriage instead of conditional GC?

At this point I almost hope they take another year (sarcasm, maybe?) on our case so we can just get the 10 year GC instead of conditional one.

It's so frustrating! They have no idea how much they are affecting our life plans and how much depends on the timing of receiving this card.

AOS from K-1 is a different ball of wax compared to other family-based GC's. They are bound and determined to make sure that our marriages are real. That is why you will not get anything other than a conditional GC, no matter how long it takes. My lawyer says that you can pretty much be certain that you will be interviewed for ROS and the evidence you bring must really show that your lives together are intermingled (common titles on cars, houses, rental agreements, all accounts, beneficiary to everything, etc.). It is harder than a AOS interview....So don't anticipate anything other than a conditional GC and another whopping good time with USCIS again for ROS in 2 years...

Edited January 28, 2015 by nlhernan

[Anonymous885 44]

nlhernan, thanks for the clarify. I am misunderstood the process and I guess I have to call them to make the move.

[shell20 746]

Hate to say it guys but my immigration attorney (many years of practice) told us that permanent resident status and the clock to ROS and naturalization starts from the date on your GC - the date it is approved and not your wedding date. We had this false assumption as well. No matter what, you will be going through the ROS process 2 years after you finally get it. That is why this wait and the GC's obtained early through interview are so maddening. My wife cannot petition her over 18 y/o son until she has a GC. Life is literally on hold...

Very curious about your wife's child being under 18, I was given the impression that they could be sponsered children are under 21 (and not married) with the original application? I also thought that the American partner i.e you in this case was allowed to do that? Didn't realise you had to wait for your GC or is it your 10 year GC? Again in this minefield of immigration I must have got that wrong too! It's infuriating that the delay with the conditional GC has a knock on effect with the 10 year card. It says that when you go through the K1 procedure you should be able to finish the whole visa journey earlier, but if AOS is taking this long and probably ROC the same. (I daren't even look at their times), then doing it the right way and not coming over on a tourist visa or overstaying, being illegal etc, doesnt seem to pay! I wonder if the people who do it the wrong way, just laugh at all of us, thinking we are stupid?

[espared12 52]

6 months tomorrow guys! It's ridiculous the amount of times I log into uscis.gov on a daily basis to confirm that there have been no changes.

[Natonstan 129]

6 months tomorrow guys! It's ridiculous the amount of times I log into uscis.gov on a daily basis to confirm that there have been no changes.

I'm right there with you, and yup 6 months for me tomorrow too!

[nlherman 36]

Very curious about your wife's child being under 18, I was given the impression that they could be sponsered children are under 21 (and not married) with the original application? I also thought that the American partner i.e you in this case was allowed to do that? Didn't realise you had to wait for your GC or is it your 10 year GC? Again in this minefield of immigration I must have got that wrong too! It's infuriating that the delay with the conditional GC has a knock on effect with the 10 year card. It says that when you go through the K1 procedure you should be able to finish the whole visa journey earlier, but if AOS is taking this long and probably ROC the same. (I daren't even look at their times), then doing it the right way and not coming over on a tourist visa or overstaying, being illegal etc, doesnt seem to pay! I wonder if the people who do it the wrong way, just laugh at all of us, thinking we are stupid?

Yes you are right it's 21; I misspoke. Her son is well over that age. As a GC holder, she can start a petition process for him. I cannot petition him. The process for family immigration is a longer one for GC holders than it is for citizens. There is the rub. The longer this takes, the longer it will be until she can petition him both first as a permanent resident and subsequently as a citizen. That is probably the biggest reason for our anger at this moment. I don't know if it would be easier now if this was not an issue; though probably not...

I don't know if you or anyone else noticed that all other visa classes require an interview (though if you go to the Interview Waiver page on USCIS you will see that other family-based immigrants can also be waived). I wonder if the mind set is that since we can petition for naturalization at 3 years after becoming a legal resident and the others take 5, they think it's no big deal for us to wait. But as the wait gets longer and longer for us waiver-ese while other classes eat up the available limited interview spots and 5 million other individuals given access by executive action eat up USCIS personnel for processing EAD's, then this 3 year naturalization will become meaningless...

[shell20 746]

Yes you are right it's 21; I misspoke. Her son is well over that age. As a GC holder, she can start a petition process for him. I cannot petition him. The process for family immigration is a longer one for GC holders than it is for citizens. There is the rub. The longer this takes, the longer it will be until she can petition him both first as a permanent resident and subsequently as a citizen. That is probably the biggest reason for our anger at this moment. I don't know if it would be easier now if this was not an issue; though probably not...

I don't know if you or anyone else noticed that all other visa classes require an interview (though if you go to the Interview Waiver page on USCIS you will see that other family-based immigrants can also be waived). I wonder if the mind set is that since we can petition for naturalization at 3 years after becoming a legal resident and the others take 5, they think it's no big deal for us to wait. But as the wait gets longer and longer for us waiver-ese while other classes eat up the available limited interview spots and 5 million other individuals given access by executive action eat up USCIS personnel for processing EAD's, then this 3 year naturalization will become meaningless...

Thanks for the reply. It all sucks, I look at your time line for AOS and I am just shaking my head. What has really got to me and I shouldnt let it, was reading a post on here yesterday A person came over on a tourist visa and whilst on it married, but carried on working for a company abroad, Then this person changed status for AOS, got an EAD card (still working) and now has an interview today for AOS and no doubt will get their card Straight to the front of the queue for doing everything we are told is wrong! They say crime doesn't pay, but it doesn't seem they are getting any book thrown at them on the contrary!

[lior&eliya 0]

Finally we received a response to our 2nd inquiry (no respond on the first one filled again after 30 day and got a respond after 15 days) It said that our case is on route to Detroit field office and we should wait 30 days before contacting them again.

We are in LA and our local field office is San Fernando so maybe this finally means they are sending our files out to not so busy field offices.

Lets hope for good news soon to everyone.

We got the letter on July 10th and we filled in march 29

[Tony23 11]

My step son and wife were done same day. Just step son got his Residence card like 2 months after the infomous potential letter in June 2014. Still waiting on wife to change. Say fingerprint acveptance since March 10 2014

[Natonstan 129]

Finally we received a response to our 2nd inquiry (no respond on the first one filled again after 30 day and got a respond after 15 days) It said that our case is on route to Detroit field office and we should wait 30 days before contacting them again.

We are in LA and our local field office is San Fernando so maybe this finally means they are sending our files out to not so busy field offices.

Lets hope for good news soon to everyone.

We got the letter on July 10th and we filled in march 29

At least that's something, and it shows they're pushing out the July cases now, it won't let me file a service request as my local office is Dallas and its showing that they're working on February cases, USCIS doesn't seem to take into account the part that says "As of November 30th"

Bearing in mind it 99% won't even be getting sent to Dallas due to their workload

[Rebor1991 1]

Finally we received a response to our 2nd inquiry (no respond on the first one filled again after 30 day and got a respond after 15 days) It said that our case is on route to Detroit field office and we should wait 30 days before contacting them again.

We are in LA and our local field office is San Fernando so maybe this finally means they are sending our files out to not so busy field offices.

Lets hope for good news soon to everyone.

We got the letter on July 10th and we filled in march 29

I

interesting i also have San fernando valley

Received letter July 10th n filed Aprli 10th

Hopefully that means my case soon will be at my local office

[dengzhe 0]

Finally we received a response to our 2nd inquiry (no respond on the first one filled again after 30 day and got a respond after 15 days) It said that our case is on route to Detroit field office and we should wait 30 days before contacting them again.

We are in LA and our local field office is San Fernando so maybe this finally means they are sending our files out to not so busy field offices.

Lets hope for good news soon to everyone.

We got the letter on July 10th and we filled in march 29

I remember that jeffkaelrliktorr also received a letter which said it went to a field office. However, He received the GC without interview.And GiuseppeG's case is also said that his case has already went to the field office and be ready for the interview. After the congressman asked, his case is still in NBC. So I guess your case is still in NBC.

the Green card process is based on date of AOS. not the date of PIW letter. For example, lili13 ( AOS: 2014/3/10 PIW date: 6/27/2014) was approved on 2014/12/20.

jeffkaelrliktorr (AOS: 2014/3/31 PIW date: 6/27/2014) was approved on 2014/1/25.

From the two cases, we can see that it will take 9.5-10 month to get GC after your AOS.

Next approval will be you! and Nlhernan in this thread. since your AOS is very end of March and Nlgernan's is very beginning of April.

Please let us know once your case improved.

Edited January 28, 2015 by dengzhe