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Filed: AOS (apr) Country: Romania
Timeline
Posted

it is definitely a legitimate marriage and we live together happily. I didn't know though that hardship means fake marriage. thanks for clarifying

Then WHY NOT FILE JOINTLY? Why do you absolutely HAVE to do it early? If you are happily married and live together and there are no problems on that front, then you have nothing to worry about.

Sorry, but something sure smells fishy here...

Filed: Timeline
Posted

I don't know what the OP's intentions were, but this situation stinks to high heaven. Why would the OP already thinking about other means to remove conditions, when happily married? Did he marry for immigration only and knows he does not wish to be with his spouse for another two years, hence searching for loopholes and excuses why (s)he should file earlier for ROC than the actual 2 years. Sorry, OP, but super odd. If you happily married, enjoy your moments with your spouse, plan your future together, and then 90 days before your green card expire, start discussing what to include in your package.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Perhaps he thinks ROC gives him some benefit? His post is confusing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

read the text you pasted in its totality.

if you waive joint filing, you are filing alone. if you are filing alone, it has to be because of one of the following reasons:

1. you are divorced but entered marriage in good faith

2. usc spouse deceased

3. usc spouse battered you

4. your dependents were battered by the usc or you are a battered dependent

5. your removal would cause extreme hardship

in case 5 which you are attempting, they dont care about your (immigrants) hardship. they only care if your removal causes hardship to an american citizen. hypothetically if you had a disabled usc child who needed you for care or something.

you are trying to complicate something very simple: file for roc between 21-24 months of your gc grant date, have your usc spouse sign it and be done with it.

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

Filed: Citizen (apr) Country: Italy
Timeline
Posted

Unless you are divorcing, then no, you can't file ROC early... Your 2 year GC carries the same rights and privileges as the 10 year one so there is not benefit... Wait and file with your spouse.

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Filed: Country: Monaco
Timeline
Posted

In that case your concern doesn't apply. I am not saying your question is not valid, so much as it is not applicable to your case. You need not worry about ROC on hardship grounds because it doesn't apply to you.

it is definitely a legitimate marriage and we live together happily. I didn't know though that hardship means fake marriage. thanks for clarifying

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www.ffrf.org




 
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