Been 1 year of marriage to USC and still no interview

[malenonimmigrant 10]

-Married in San Francisco, CA on July 21th, 2015 to a USC.

-I'm on H1b

-Lawyer compiled all the paperwork and sent it in February 2016

-EAD Card mailed June 15th, 2016

-1 year marriage anniversary July, 21st 2016

Still haven't been called for a marriage interview. I guess waiting times have increased for the SF office.

Lets say if all goes well with my interview and I get my conditional green card, would it be for 2 years or 1 year (since 1 year later, the 2 year marriage condition would be met in 2017)? Or would it be for 2 years, and in total, I would have have been married 3 years to get my conditions removed?

[KayDeeCee 4,893]

If you are married for less than 2 years when your AOS is approved, then you will receive a conditional 2 year green card. If you are married for more than 2 years when your AOS is approved, then you will receive a 10 year green card. You have only been married a year. Chances are you will be approved before next year, and you will need to file for ROC within 90 days of your 2 year green card expiring.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas -not AOS from a K visa~

[Ahren & Edna 4]

Hi,

If you get an interview within the year, you will be approved for your 2 year green card. By the time your 2 year validity period on your green card lapses, you would have been married for 3 years and can either choose to remove conditions on your residency or apply for citizenship.

Good luck!

[KayDeeCee 4,893]

Hi,

If you get an interview within the year, you will be approved for your 2 year green card. By the time your 2 year validity period on your green card lapses, you would have been married for 3 years and can either choose to remove conditions on your residency or apply for citizenship.

Good luck!

This is incorrect. You cannot choose. You must file for ROC within 90 days of the expiration date on the green card. You cannot skip directly to filing for citizenship. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

[malenonimmigrant 10]

This is incorrect. You cannot choose. You must file for ROC within 90 days of the expiration date on the green card. You cannot skip directly to filing for citizenship. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html

So lets say that I have been married 1 year and 7 months, and then finally get the marriage interview; are you telling me that USCIS will still give me a conditional green card for 2 years?? This makes no sense. This essentially means that 2 years conditional plus my 1 year and 7 months equals 3 years and 7 months of marriage before I can even remove the conditions off my green card. Some people would have already been a US citizen in that amount of time.

[KayDeeCee 4,893]

So lets say that I have been married 1 year and 7 months, and then finally get the marriage interview; are you telling me that USCIS will still give me a conditional green card for 2 years?? This makes no sense. This essentially means that 2 years conditional plus my 1 year and 7 months equals 3 years and 7 months of marriage before I can even remove the conditions off my green card. Some people would have already been a US citizen in that amount of time.

That is correct. Any amount of time under 2 years of marriage gets a conditional card. They do not give you a 10 year card just because you might be close enough to the 2 year mark.

AOS take some time, and ROC also takes some time, so there are not really people getting married, filing for AOS, then for ROC and then for citizenship and becoming a USC in that short of a time span as you are describing. Yes, some people will have been married less time than you when getting their green card, so they could file for ROC sooner in their marriage as well. You must have been a permanent resident for 3 years, while at the same time married to the same petitioner/sponsor during those 3 years. Well, they can file within the 90 day window before their 3rd year of being a LPR.

Check out the guides here on filing for US naturalization.