How to count the marriage is 2 years old or not for AOS application

[Coco35 0]

Hello,

I was wondering about two years marriage counted by USCIS for AOS application ? I understand about if we were married less than 2 years old, they will approve conditional green card and marriage is more than 2 years old , they will approve 10 year green card . Do they count the marriage being 2 years old or not on the day we file AOS form or on interview day ?

Thank you

Edited March 22, 2014 by Coco35

[Kiwinyc 62]

You don't necessarily get an interview these days, its apparently about a 50-50 chance whether you do. I assume its assessed on the day the application is adjudicated - it might be at an interview or it might be when they get to it in the big pile of interview-waived applications. Because interveew-waived applications are taking longer to get to, the chances of it being closer or more than two years of marriage are probably higher, depending on how long you were married when you applied for AOS.

[Harpa Timsah 13,258]

I believe the OP does not have a K-1 visa so s/he will have a mandatory interview. They count the type of card by the length of marriage at approval date.

[milimelo 4,479]

Moving to AOS from work, student, tourist visa.

[Coco35 0]

You don't necessarily get an interview these days, its apparently about a 50-50 chance whether you do. I assume its assessed on the day the application is adjudicated - it might be at an interview or it might be when they get to it in the big pile of interview-waived applications. Because interveew-waived applications are taking longer to get to, the chances of it being closer or more than two years of marriage are probably higher, depending on how long you were married when you applied for AOS.

I believe the OP does not have a K-1 visa so s/he will have a mandatory interview. They count the type of card by the length of marriage at approval date.

Thank you Kiwinnyc and Harpa Timsah for your replies.

I have been married for one year and 3 months and now we are waiting our amended returns to apply Adjustment of status , it might take 2 months . So I was thinking that If 2 year marriage counts towards the interview day, if we wait to file the forms until July or August ,when interview day comes up, the marriage may be two years old aldy and we will be granted 10 year green card if everything goes alright. That way, we can avoid filing for green card application again in the future and won't cost for lawyer fees and filing fees again. That's why I wanted to make sure that how does USCIS count 2 year marriage.

[engineer21 51]

they will count the 2 years back from the date of the interview if you are approved that day. Although they don't always do the approval same day. My resident since date is the same as my AOS interview date. So if you get approved that day and you will have been married for 2 years or more at that time, you should get a 10 year card. It's definitely not counted from the day you file

[Coco35 0]

they will count the 2 years back from the date of the interview if you are approved that day. Although they don't always do the approval same day. My resident since date is the same as my AOS interview date. So if you get approved that day and you will have been married for 2 years or more at that time, you should get a 10 year card. It's definitely not counted from the day you file

Thank you so much.

[aussie_jason 195]

I'm just waiting for the follow up post on how to prepare for a Stokes interview.

[Ben10 2]

I'm just waiting for the follow up post on how to prepare for a Stokes interview.

What do you mean? Applicants married more than 2 years, when applying for AOS are most likely processed through stokes interviews?

[Coco35 0]

What do you mean? Applicants married more than 2 years, when applying for AOS are most likely processed through stokes interviews?

I'm just waiting for the follow up post on how to prepare for a Stokes interview.

I agree with Ben 10. What do you mean by that ?

[aussie_jason 195]

Oops, wrong topic. Ignore my post and I'll edit/remove it in the morning, apologies for the confusion.

[Coco35 0]

Oops, wrong topic. Ignore my post and I'll edit/remove it in the morning, apologies for the confusion.

Oh , it is okay.